Research Handbook on Climate Disaster Law
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Research Handbook on Climate Disaster Law

Barriers and Opportunities

Edited by Rosemary Lyster and Robert R.M. Verchick

Through assessing climate disaster law in relation to international, public, private and environmental law this Research Handbook considers the unique challenges, barriers and opportunities that climate disasters pose for law and policy. Scientific and empirical evidence suggests that the laws addressing natural disasters cannot be adequately applied to disasters that are caused by climate change. Featuring contributions from leading international experts, this Research Handbook will be a useful resource for those with an interest in environmental law and international policymaking.
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Chapter 19: Private law and climate disasters: insurance law

Michael Faure and Qihao He

Abstract

This chapter is motivated by the fact that under the influence of climate disasters, the world is exposed to more and more catastrophe risks and the disasters have generated increasing losses. Among the many solutions, this chapter focuses on insurance, which has received increased attention due to its emphasis on risk management, and explores the role of insurance in adapting to and mitigating climate change. The authors argue that private insurance can act not only as a form of post-disaster compensation which may help potential victims to adapt to climate change, but also as a form of private regulation — a contractual device controlling and motivating behavior to avoid the occurrence of climate change losses.

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