Law in Motion or Passionate Observer on the Shelf? The Ghanaian Disaster Experience

Abstract

The purpose of this paper is to present an overview of the occurrence of disasters and the institutional mechanisms, as well as the legal response to such incidents. The paper provides a viewpoint by using discursive approach on arguments and examination of various legal and documented texts. Findings indicate that although the Ghanaian legal regime on disaster make reasonable provision for various breaches and remedies and establishes internationally acceptable rules in substance and procedure, in certain instances, most regulatory and enforcement agencies are often indisposed to enforcing the rules and fines. Meanwhile, factors contributing to disasters are mainly man-made attributable to non-regulatory compliance, unplanned residential and business communities, and erection of buildings in waterways, among others. It is proposed for an integrative approach and a shift from the traditional response-based thinking to a proactive response in disaster management, taking significant note of the legislations and judicial precedents in the country. © 2019, Springer International Publishing AG, part of Springer Nature.