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For natural hazards it is now clear that not only 'national' laws but also 'international' laws create duty holders with specific risk governance obligations.
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The courts may create duties but the duties are not owed to them.
But political authorities do not only create duties in others in and some cases do not purport to create such duties at all.
They seem to have moral powers to create duties but these duties are not owed to them.
If we follow the interest theory of rights and hold that to have a right is to have an interest that grounds a duty (Raz 1986, 166), a collectivity will have rights whenever its interests are sufficiently significant to create duties for others.
In the case of human rights instruments, stated rights create duties or obligations on one party (typically but not necessarily, the state) and entitlements or rights on another (the citizen or some other beneficiary).
The establishment of a human right always creates duties or responsibilities [18].
It commands and by doing so creates duties or, what is another word for the same thing, obligations" (Bentham 1970, 294).
Most who think of legitimate authority as a kind of moral power to change the moral situation of others think of it as creating duties in others.
These bonds create a duty – a duty that is easy to follow, so long as we listen to our nature and tune out the voices of fanaticism and rationalisation (which all too often work together).
For volcanic risk governance, laws not only create the duty holders, beneficiaries and the relationships between them (the stakeholders) and the duties and rights (the stakes) but also dictate the acceptable standards of safety and wellbeing (the ultimate rewards).
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com