International Disaster Response Law in Relation to Other Branches of International Law
This chapter examines the relationship between international disaster response law (IDRL) and some other branches of public international law that variously contribute to shape its form and substance. It is argued that IDRL should be construed and impleme
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International Disaster Response Law in Relation to Other Branches of International Law Gabriella Venturini
Abstract This chapter examines the relationship between international disaster response law (IDRL) and some other branches of public international law that variously contribute to shape its form and substance. It is argued that IDRL should be construed and implemented along the lines of Human Rights Law, International Humanitarian Law, Refugee Law, Global Health Law, International Environmental Law, and the Law of International Development. The IDRL rules stem from traditional sources of public international law, such as custom and treaties, however, general principles and soft law play a major role in its gradual development. Under IDRL, the traditional principle of State sovereignty is being challenged by the duty of cooperating to assist disaster victims. Human Rights Law, as a corpus of basic rules applying to all situations, provides a catalog of nonderogable rights. International Humanitarian Law extensively stipulates how persons in need of assistance are to be treated. It is also the basis of the fundamental principles governing humanitarian assistance, i.e., humanity, impartiality, and neutrality. Especially, humanity prompts the expansion of the scope of the principle of non-refoulement to persons forced to migrate in the wake of disaster. State obligations regarding public health and environmental protection contribute to the avoidance of health emergencies and environmental harm, thus making disaster prevention and disaster response easier. Disaster Risk Reduction is a critical component of both IDRL and the Millennium Development Goals set by the international community in order to take decisive steps against poverty and to boost development.
G. Venturini (&) Università degli Studi di Milano, Via Conservatorio 7, 20122, Milan, Italy e-mail: [email protected]
A. de Guttry et al. (eds.), International Disaster Response Law, DOI: 10.1007/978-90-6704-882-8_2, T.M.C. ASSER PRESS, The Hague, The Netherlands, and the author(s) 2012
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Keywords Sovereignty Human rights International humanitarian law Humanitarian assistance Soft law Refugee law Global health law International environmental law Development
Contents 2.1 Introduction....................................................................................................................... 2.2 State Sovereignty, Nonintervention, and Consent........................................................... 2.3 IDRL and Human Rights Law......................................................................................... 2.4 IDRL and International Humanitarian Law .................................................................... 2.5 Principles of Humanitarian Assistance as Applicable to Disaster Response................. 2.6 The Role of Soft Law ...................................................................................................... 2.7 Disaster-Induced Migration: The Case for
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