Rethinking legislation to cope with transboundary crises

Abstract

Societies are increasingly subject to transboundary crises that pose new challenges to crisis management and require a structural rethinking of longstanding arrangements. This study explores which governance aspects could be embedded in legislation to facilitate the organization of such transboundary crisis management. It builds upon research findings from the comprehensive 2020 governmental evaluation study of the Safety Regions Act in the Netherlands and the relevant literature. First, we provide a framework for a systematic study of the relationship between law and practice. Second, we present a model on how legislation for crisis management could be adapted to better fit with transboundary crises. This consists of a set of 10 key aspects categorized into five pillars: the interconnectedness of the various phases of crisis management and risk assessments as a starting point; flexible crisis management organization and network collaboration; allocated facilitator and exceptional decision-making power; professional competences and netcentric information management; and learning capacities and democratic feedback. This model provides a point of departure for researchers and policymakers alike for rethinking the role that legislation can play in preparing for the crises of the future.