HR: 09:40h
AN: S21D-06    [Abstracts]
TI: Early Warning System: a juridical notion to be built
AU: * Lucarelli, A
EM: alberto.lucarelli@unina.it
AF: University of Napoli "Federico II", Monte S.Angelo, Via Cinthia 25, Napoli, 80125, Italy
AU: * Lucarelli, A
EM: alberto.lucarelli@unina.it
AF: AMRA Scarl, Via Nuova Agnano, 11, Napoli, 80125, Italy
AB: Early warning systems (EWS) are becoming effective tools for real time mitigation of the harmful effects arising from widely different hazards, which range from famine to financial crisis, malicious attacks, industrial accidents, natural catastrophes, etc. Early warning of natural catastrophic events allows to implement both alert systems and real time prevention actions for the safety of people and goods exposed to the risk However the effective implementation of early warning methods is hindered by the lack of a specific juridical frame. Under a juridical point of view, in fact, EWS and in general all the activities of prevention need a careful regulation, mainly with regards to responsibility and possible compensation for damage caused by the implemented actions. A preventive alarm, in fact, has an active influence on infrastructures in control of public services which in turn will suffer suspensions or interruptions because of the early warning actions. From here it is necessary to possess accurate normative references related to the typology of structures or infrastructures upon which the activity of readiness acts; the progressive order of suspension of public services; the duration of these suspensions; the corporate bodies or administrations that are competent to assume such decisions; the actors responsible for the consequences of false alarm, missed or delayed alarms; the mechanisms of compensation for damage; the insurance systems; etc In the European Union EWS are often quoted as preventive methods of mitigation of the risk. Nevertheless, a juridical notion of EWS of general use is not available. In fact, EW is a concept that finds application in many different circles, each of which require specific adaptations, and may concern subjects for which the European Union doesn't have exclusive competence as may be the responsibility of the member states to assign the necessary regulations. In so far as the juridical arrangement of the EWS, this must be brought back to the general normative context predisposed by every state for the accomplishment of the service of civil protection. In synthesis: EWS are one of the activities engaged in disaster mitigation. Apart from the situation of trans national events, in which case the European Union has an important function in coordination, the activities of prevention are developed in individual states by their own civil protection systems. They are based on the principle of collaboration between the central government and the regional and local authorities, as these are the forms administration organization that are closer to the people and to emergency territorial needs. That being stated, the configuration of the EWS as typology having juridical importance is the result of an reconstructing operation based on elements of positive law and on an interpretative and researching activity able to furnish de iure condendo alternative solutions to the problems that the application of the typology can involve.
DE: 7212 Earthquake ground motions and engineering seismology
DE: 7299 General or miscellaneous
SC: Seismology [S]
MN: 2007 Fall Meeting