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Private and public roles in flood defence

Private and public roles in flood defence Non-State Actors and International Law 3: 1–21, 2003. © 2003 Kluwer Law International. Printed in the Netherlands. 1 Private and public roles in flood defence WILLIAM HOWARTH ∗ Abstract. This paper examines the role of private individuals and public bodies in relation to the provision of flood and coastal defence in England and Wales. After introductory discussion of the concept and character of ‘flooding’, relevant private rights and duties are considered and the limitations of the civil law outlined. This is followed by a summary of the national allocation of public responsibilities for flood defence and an account of the reliance upon statutory powers to take action, and the curious absence of any substantive duties to do so. The traditional understanding of responsibilities for flood defence is contrasted with recent indications that, in certain circumstances, flood protection may constitute a human right. The concluding discussion is generally critical of the suggestion that any right to flood defence can be formulated in the unqualified way that seems to be envisaged. The important issues needing to be addressed, in both private and public law, concern the formulation and extent of responsibilities, which properly reflect the reasonableness of actions, and take http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Non-State Actors and International Law (continued in International Community Law Review) Brill

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Publisher
Brill
Copyright
© 2003 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1567-7125
eISSN
1571-8077
DOI
10.1163/156771203322428377
Publisher site
See Article on Publisher Site

Abstract

Non-State Actors and International Law 3: 1–21, 2003. © 2003 Kluwer Law International. Printed in the Netherlands. 1 Private and public roles in flood defence WILLIAM HOWARTH ∗ Abstract. This paper examines the role of private individuals and public bodies in relation to the provision of flood and coastal defence in England and Wales. After introductory discussion of the concept and character of ‘flooding’, relevant private rights and duties are considered and the limitations of the civil law outlined. This is followed by a summary of the national allocation of public responsibilities for flood defence and an account of the reliance upon statutory powers to take action, and the curious absence of any substantive duties to do so. The traditional understanding of responsibilities for flood defence is contrasted with recent indications that, in certain circumstances, flood protection may constitute a human right. The concluding discussion is generally critical of the suggestion that any right to flood defence can be formulated in the unqualified way that seems to be envisaged. The important issues needing to be addressed, in both private and public law, concern the formulation and extent of responsibilities, which properly reflect the reasonableness of actions, and take

Journal

Non-State Actors and International Law (continued in International Community Law Review)Brill

Published: Jan 1, 2003

Keywords: CHARACTER OF 'FLOODING'; PRIVATE AND PUBLIC RESPONSIBILITIES; HUMAN RIGHTS

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