Socio-Legal Framework for Vulnerability: Using Public-Private Partnerships as a Tool for Disaster Management

Abstract

As disasters continue to grow in size and intensity, the question arises: can governments effectively meet local and regional disaster response and recovery needs? This Article examines the history of utilizing public-private partnerships (PPPs) to enhance government functions in disaster management. The primary objective of this Article is to assess whether involving private entities in governmental roles is an effective strategy for building resilient communities and ensuring public safety, particularly for vulnerable populations. Existing literature focuses on the financial and logistical aspects of PPPs with mere mentions of legal importance.

To address these failures, this Article proposes a novel socio-legal framework for resilient contracting. This framework moves beyond mere procurement law, integrating multi-layered stakeholder input directly into the contractual lifecycle to ensure that private profit does not supersede public safety. Section I traces the historical shift from federalized disaster response to privatized management. Section II analyzes the divergent legal obligations of state versus market actors in crisis scenarios. Section III introduces the core stakeholder contract framework, providing a normative guide for balancing private sector agility with public sector equity. The Article concludes by forecasting the future of disaster law, arguing that the resilience of a community is ultimately defined by the strength of its legal safeguards, not just its physical infrastructure.