PIs Initiated Research

Towards an Israeli doctrine and legislative-regulative framework dealing with emergencies

PIs: Prof. Eli Salzberger and Prof. Shlomo Mizrahi (Public Policy, University of Haifa)
With Dr. Robert Neufeld (post-doc) and Mrs. Dana Krup (research assistant)

Funded by the National Emergency Knowledge and Research Center (Supported by the Israel Ministry of Science and Technology and The National Emergency Management Authority, Ministry of Defense) 2020-2022

During Israel’s short history the country has experienced numerous emergencies, most of which were related to national security incidents. It is surprising, therefore, that Israel lacks a solid doctrine and comprehensive legislative and regulative framework dealing with preparation for emergencies, handling and mitigating such emergencies and recovering from them. Furthermore, the legislation that does exist on the law-books is a far cry from reality, creating a dangerous gap between the law in the books and law in action. Covid-19 is a case in point. Initially there was no central management of the crises and when the government looked for a coordinating body it did not think at all of the National Emergency Management Authority and finally assigned the task to the National Security Council in the Prime Minister’s Office, which is an advisory (rather than an operative) body designated to advise in matters of foreign affairs and national security.

The research focused on the institutional and regulatory gaps. Based on a comparative study of the emergency doctrines and legislative frameworks in other countries, as well as the current Israeli formal and practiced frameworks and numerous State Comptroller reports on the issue, and following in-depth interviews with key individuals related to the emergency realm (completed last year), we put forward a policy document and legislative proposal to deal with the structure and management of the emergency field. It is based on policy research analysis of the main regulatory and coordination problems that characterize emergency management in Israel and puts forth alternatives to deal with them. The outcome was forwarded to decision-making bodies and is already discussed internally by them.

Link to report (in Hebrew): https://minervaxtremelaw.haifa.ac.il/wp-content/uploads/2022/03/SalzbergerNeufeld-24-2-2022.pdf

National Research and Knowledge Center for Emergency Readiness

PI: Prof. Deborah Shmueli (Center Head); Dr. Michal Ben Gal (research coordinator) Law group led by Prof. Eli Saltzberger, team of 85 researchers, Prof. Gad Barzilai, Prof. Amnon Reichman members of Law group.

Funded by the Ministry of Science and Technology and the National Emergency Management Administration of the Ministry of Defense

THE NATIONAL KNOWLEDGE AND RESEARCH CENTER FOR EMERGENCY READINESS with eighty five researchers was established in January 2018 by the Israel Ministry of Science and Technology and the National Emergency Management Authority (NEMA) of the Ministry of Defense. Core institutions involved are University of Haifa (the Center hub), the Technion and the Hebrew University, together with researchers from Rafael Advanced Defense Systems, Madatech, the Israel National Museum of Science, Technology & Space, Rambam Hospital, Tel Hai College, and the Israel School for Humanitarian Aid; with partners from the municipality of Haifa and NATAN International Humanitarian Aid. The Center’s mission is to provide a state-of-the-art scientific research institute to serve as a think-tank for policy framers, decision-makers, the academic community and practitioners from all sectors. The two intertwined functions of the Center are 1) independently generated, cutting-edge and multi-disciplinary research, and 2) solicited real-time response to requests by NEMA, government ministries, elected officials, NGOs and other stakeholders.
The Center provides three levels of knowledge:
• Basic Science – both theoretical and empirical, regarding generic understandings of emergencies as such, the variables that differentiate between various types of emergencies, and the interplay between emergencies and ‘normalcy’. Basic science is currently lacking, since it requires long-term commitment, of the kind that the Center can generate (and then reap the fruits of the investment). Attention will be paid to case studies (of single events from a comparative perspective using comparative data) and to theories that allow for comparing one event to another.
• Synergy – one of the outputs of the cross-disciplinary and cross-institutional Center structure is the development of a language embracing a more comprehensive perspective on emergency management. Since emergencies are often studied in an insulated manner by one discipline or another, developing a common language among disciplines will not only catalyze a richer, more robust understanding of the interaction among the many components necessary for better emergency management, but will also assist distinct state institutions, which also, on occasion, operate in an insular manner, to establish a more comprehensive approach.
• Comparative international studies and transferal of applicable transnational experience to the Israeli context. This level is crucial for policy recommendations, which the Center will generate in response to requests or pursuant to the internal research agenda.

For more info see the Center Website: https://muchanut.haifa.ac.il/index.php/en/

The Effects of COVID-19 on Wellbeing: Evidence from Israel

Analyses of the effects of COVID-19 tend to focus on the health and economic implications of the pandemic. Yet, it is clear that there are wider effects, such as effects on social relations, stress, livelihood and effects on the environment. As is increasingly recognized, the GDP per capita is an insufficient measure to assess the state of countries and citizens within them (Stiglitz et al., 2009). Hence well-being is increasingly promoted as measures to assess the state of countries and citizens, and as a basis for policy decision-making. In particular, the OECD (2017) advanced a set of 39 indicators for well-being. Similarly, since 2016, the Israeli CBS (Central Bureau of Statistics) has published a yearly report of “Quality of life, sustainability and resilience”, based on 114 criteria in 11 fields (employment, personal safety, health, housing and infrastructure, education and skills, civic engagement and governance, environment, personal and social welfare, material standard of living, leisure, culture and community and information technologies).

This research, led by Prof. Eran Feitelson, from the Hebrew University in Jerusalem and Prof. Pnina Plaut from the Technion, with Prof. Deborah Shmueli, Prof. Eli Salzberger and others , aims to identify the well-being criteria that are influenced by the Coronavirus crisis, analyze these effects in the Israeli arena, identify policy measures that may have a positive influence on well-being, and suggest “policy packages” that may reduce negative impacts and enable a better quality of life alongside the virus. The first part of the study was conducted in collaboration with IIASA (International Institute for Applied Systems Analysis) as part of the agreement between the Government of Israel and IIASA, in which the possible effects of aiding systems analysis were identified. Findings from this research were published in:

Feitelson, E., Plaut, P., Salzberger, E., Shmueli, D., Altshuler, A., Ben Gal, M., Israel, F., Rein-Sapir, Y., Zaychek, D., 2022. “The Effects of COVID-19 on Wellbeing: evidence from Israel”, Sustainability, Special Issue “Economic and Social Consequences of the COVID-19 Pandemic”, Vol. 14, 3750. https://doi.org/10.3390/su14073750 . Currently the team works on a continuation research based on a second survey conducted in 202

Measuring resilience: indicator-based tool for measuring regional resilience in localities in Israel.

Spatial development on the local, regional and national levels has been measured for many decades. In the last decade and a half, as the term ‘resilience’ became salient in the social sciences, many resilience indicators have been developed as well, to measure resilience at different social levels (personal, community, regional and national) and with different emphases. This project creates a comprehensive index that measures both resilience and spatial development for the State of Israel at the local level. The creation of the current index includes a wide review of indexes for development and resilience in the world and in Israel. After consultations with experts in Israel with deep understanding of the Israeli local context, and considering the availability of existing data, 62 indicators were selected, in four areas: economy, society, local government, and environmental planning and the built-up space. After a pilot with 16 varied local authorities and validation of the index, the Prime Minister’s office (with scientific support of the Center) intends to use the index to compare all the local authorities in Israel. This measurement can serve as a baseline for national follow-up on national and local programs effects on the localities in Israel, as well as be used by local authorities co assess their level of resilience and development.

Regulatory and Policy Frameworks for a Mid and Long-term Recovery after a Major Earthquake

Although chronologically recovery occurs after a disaster hits, recovery and rehabilitation planning should take place before disaster strikes, in order to increase resilience and provide a solid and comprehensive framework for event-specific agility. This research, that was selected by the Ministry of Science and Innovation in the framework of a competitive call for proposals in 2022, outlines steps necessary to improve the legal, policy and regulatory basis for the mid- to long-term recovery and rehabilitation after an earthquake in Israel. To achieve this goal, the study begins by analyzing likely recovery challenges and establishes benchmarks for recovery based on the Israeli context and international experience. This stage will examine the regulatory structure, the processes in place, and the relevant stakeholders. This is followed by an in-depth case study of New Zealand’s experience during the recovery from the 2011 Christchurch and subsequent major earthquakes, including regulatory, policy and institutional changes that have been made throughout the recovery process. Finally, after performing an empirical analysis of existing Israeli policy and regulatory frameworks for recovery, we make recommendations based on the benchmarks and New Zealand’s experience for improving Israel’s regulatory framework and creating a plan for long-term recovery. Qualitative analysis – particularly, textual analysis of government documents and in-depth interviews with experts and decision-makers – are used throughout the study. The study’s recommendations will be immediately applicable to policymakers at all levels of government. The project concludes by opening a regional (Israel, Cyprus, Greece) conversation about recovery aspirations.

Past research

Learning from Others’ Disasters? A Comparative Study of SARS/MERS and COVID-19 Responses in Five Polities

The ability to successfully manage disasters is a function of the extent to which lessons are learned from prior experience. We focus on the extent to which lessons from SARS/MERS have been learned and implemented during the first wave of COVID-19, and the extent to which the source affects governance learning: from a polity’s own experience in previous episodes of the same disaster type; from the experience of other polities with regard to the same disaster type; or by cross-hazard learning – transferring lessons learned from experience with other types of disasters. To assess which types of governance learning occurred we analyze the experience of four East Asian polities that were previously affected by SARS/MERS: South Korea, Taiwan, Singapore and Hong-Kong. Their experience is compared with that of Israel. Having faced other emergencies but not a pandemic, Israel could have potentially learned from its experience with other emergencies, or from the experience of others with regard to pandemics before the onset of COVID-19. We find that governance learning occurred in the polities that experienced either SARS or MERS, but not cross-hazard or cross-polity learning. The consequences in the 5 polities at the end of the first six months of Covid-19, reflected by the numbers of infected and deaths, on one hand, and by the level of disruption to normal life, on the other, verifies these findings. Research insights point to the importance of modifying governance structures to establish effective emergency institutions and necessary legislation as critical preparation for future unknown emergencies.

See publication:

Feitelson, Eran, Plaut, Pnina, Salzberger, Eli, Shmueli, Deborah, Altshuler, Alex, Amir, Smadar and Ben Gal, Michal. “Learning from Others’ Disasters? A Comparative Study of SARS/MERS and COVID-19 Responses in Five Polities”, International Journal of Disaster Risk Reduction, Vol. 74, 102913, (2022) https://doi.org/10.1016/j.ijdrr.2022.102913

Local protocols for emergency preparedness

PIs: Prof. Deborah Shmueli, Prof. Amnon Reichman, Prof. Eli Salzberger, Prof. Gad Barzilai

Researchers: Dr. Ran Kutner, Dr. Michal Ben-Gal (2018)

This is a law in action project around social political unrest and extreme conditions focused on Vadi A’ra . The project is catalyzed by recent events in Israel at large and northern Israel (the location of our Minerva Center) in particular. The project will try to develop protocols, in a collaborative fashion, for dealing with such extreme conditions for municipalities and citizens in Vadi Ar’a – a region populated with both Arab and Jewish villages.The deep gaps and hostility between the Arab population and the Jewish State are distinctively apparent in this region, where the Muslims, who are the minority group in Israel, are the majority group in the region. The Arab towns and villages in the region have sub-par physical and social infrastructures in comparison with the Jewish settlements, villages and kibbutzim. When clashes between Arabs and Jews anywhere in Israel erupt, the situation in Vadi Ar’a becomes volatile. This area is likely to suffer from extreme conditions of social conflict escalation.

The project proposed is a collaborative effort between the Minerva Center and Givat Haviva – the Center for a Shared Society and will include:

A preliminary research on:
Existing protocols worldwide for emergency preparedness and management of extreme escalation of conflict in deeply-divided societies.
Rapid social conflict escalation processes in Israel in recent years, including narrative research of how these processes are perceived by the parties involved.
Procedures and protocols that exist – if at all – in Israel for the management of extreme escalation of social conflict and for inter-municipalities and regional collaboration under extreme conditions.
Map the stakeholders, agencies and organizations from all sectors that ought to take part in an inclusive, integrated action for emergency preparedness for extreme conditions in the Vadi A’ra area.
Conduct an assessment of the views, needs and interests of all stakeholders.-

Tools and mechanisms for stakeholders engagement in local authorities with regard to earthquake preparedness, response and recovery

Funded by the Ministry of Science and Technology –2017-2020

PIs: Prof. Deborah Shmueli, Prof. Amnon Reichman, Prof. Eli Salzberger, Prof. Gad Barzilai

This research aims to explore international experience with stakeholder engagement and participation mechanisms for earthquakes (and other large-scale disasters) for three stages: preparedness (before), response (during) and recovery processes (after), and then suggest a framework for Israel, focusing on the preparation stage within local authorities. The research distinguishes between two types of ‘publics’: a) the general populous, and b) stakeholders and planners. The research will address frameworks/models for both, and test it through action research in one locality as a test case.

Evaluating Israel’s Regulatory Framework for Earthquake Preparedness, Response and Recovery within the Regulatory Impact Assessment Framework including Public Engagement Mechanisms

Funded by the Ministry of Science and Technology –2014-2017

PIs: Prof. Deborah Shmueli, Prof. Amnon Reichman, Prof. Eli Salzberger, Prof. Gad Barzilai (University of Haifa); Prof. Eran Feitelson (Hebrew University)

Researchers: Ehud Segal, Dr. Michal Ben Gal

An important role of the modern, regulatory state is to mitigate the risks involved in large scale disasters, such as earthquakes, through legislation, regulation, and their enforcement. Such regulatory landscape is myriad and complex – institutional layers and legal norms may overlap, conflict, or leave gaps. Moreover, the regulatory power itself in modern democracies is dispersed, resulting in “innovative third-way approaches to regulation, collectively referred to as the new governance model”(Lobel,Orly. 2012. “New Governance as Regulatory Governance”, in The Oxford Handbook on Governance. David Levi-Faur (Editor). Oxford University Press, 65-82).The reality of “networked governance” and its importance for resilience-building has also been highlighted in the disaster literature.

The research identifis, maps and conceptualize Israel’s regulatory framework – norms and institutions – that directly governs earthquake preparedness, response and recovery, and then evaluate it using the Regulatory Impact Assessment (RIA) methodology, with an emphasis on evaluating processes for public engagement which are put forth within the regulatory scheme as well as using public engagement processes in the evaluation itself. The final recommendations will identify gaps between what exists and what is desired based on the literature review and the regulatory evaluation and offer ways for strengthening the regulatory framework, thus, contributing to Israel’s preparedness on the state, community and private levels and the interaction between the three. Through the development of a typology of regulations concerning earthquakes, a much needed gap in the literature of regulation will also be addressed. The research will also contribute to the assessment of the adequacy and feasibility of the RIA methodology and primarily the various approaches to public engagement in the disasters context in Israel. The research will be carried out under the Minerva Center for the Rule of Law under Extreme Conditions at the University of Haifa, in collaboration with researchers from the Department of Geography at the Hebrew University. The principal investigators form an interdisciplinary group with expertise in law, economics, planning, public policy and geography.

For research outcomes see:

Earthquakes Readiness Regulation in Israel – report and database (Hebrew)

Shmueli, Deborah, Segal, Ehud, Ben-Gal, Michal, Feitelson, Eran and Reichman, Amnon. “Earthquake readiness in volatile regions: the case of Israel”, Natural Hazards 98(2) 405-423. (2019)
https://doi.org/10.1007/s11069-019-03698-x

Shmueli, Deborah, Ben-Gal, Michal, Segal, Ehud, Reichman, Amnon and Feitelson, Eran. “How can regulatory systems be assessed? The case of earthquake preparedness in Israel”. Evaluation 25(1), 80-98. (2018) http://journals.sagepub.com/doi/10.1177/1356389018803235

Law, Cyber and Extreme Conditions

Funded by the Ministry of Science and Technology, 2014- 2017

PIs: Prof. Amnon Reichman, Prof. Eli Salzberger, Prof. Gad Barzilai, Prof. Deborah Shmueli

Cyberspace has become an integral part of the nerves system of functioning modern states; as more and more infrastructure systems are digitized and connected via electronic communication systems. Therefore, severe cyber attack or malfunction may arrest the operation of critical systems that control key elements of modern democracies, and equally important, may destroy or corrupt essential databases. Such an event may result in catastrophe, with the potential to undermine not only public order, but also the very existence of the rule of law. Questions such as the liability of state agencies and other stakeholders (including those outside the boundaries of the state) to damages resulting from cyber attacks, the legal authority of the various state agencies to manage and coordinate their acts during cyber attack, and the legal powers of state agencies to regulate cyber space attack are all critical questions that must be thoroughly and critically examined, and where the law as it stands is lacking, solutions should be proposed. Moreover, cyber attacks threaten the law itself, because the legal system is now enmeshed in cyberspace: court cases, laws and regulations, decisions of administrative agencies and databases with paramount legal significance, such as the land registry, lists of those eligible to vote, lists of those who may or may not enter or exit the state, lists of those targeted for investigation by various authorities and of course the management of fees, taxes and accounts – are all digitized and therefore susceptible to cyber attack.

Cyber attacks on infrastructure and the collapse and corruption of legally significant databases should be considered an extreme condition – an emergency posing grave challenges to the legal system. A systemic cyber failure inducing a disaster is a major concern for every state. The understanding of legal and institutional structures and regulations governing who is responsible and able to do what, is crucial. In emergency situations, some regular rules do not apply and the balance between public and individual legal rights may shift. Therefore, the study of the rule of law under cyber attack is essential. Such research will focus not only on the state and its agencies. Cyberspace is a complex system of computers, servers and communication networks governed by private people as well as by public, local, national and international organizations. In cyberspace, the boundaries of liability and responsibility are vague. Control of public space and networks requires cooperation, coordination and consent between power holders and other stakeholders. Therefore, research into the lines of responsibility and accountability, as well as into possible modes of public-private cooperation, is vital.

Systemic and meticulous research of legal aspects of cyber emergencies is a crucial element in achieving resilient and safe cyber networks and in preparing for contingencies that may occur. The research aims to explore both theoretical and practical issues regarding control, regulation and legal aspects of cyber disasters. It will map existing rules and regulations, explore the differences and similarities between nations and the possible similarities to other disasters and suggest amendments and improvements to the existing legal regime.

The research will look into both defensive and offensive actions, before, during and after a cyber disaster. It will include a comprehensive empirical mapping of existing legal tools as well as the institutional aspects of regulation, control, responsibilities and liabilities of cyber emergencies outcomes.

The research employed qualitative analysis tools over primary and secondary data resources, legal databases as well as interviews and simulations with stakeholders. It will include a comparative study between countries as well as between cyber and other disasters and will explore case studies of cyber disasters as well as database corruption cases. On the theoretical level, the research will suggest models and analytical tools for the study of the legal aspects of cyber disasters.

The unique characteristic of cyberspace, together with the uniqueness of extreme conditions renders a special expertise in legal research. The Minerva Center for the Rule of Law under Extreme Conditions was created specifically to address the unique challenges to the rule of law posed by emergency situations. Research in the Center has already begun, using a methodology designed for the study of the law and natural disasters, wars/terrorist attacks and social-economical meltdowns.

Additional Cyber regulations research – https://minervaxtremelaw.haifa.ac.il/2016/12/02/cyber-regulation-research/