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Home Archive for category "Disaster Law"

Methods to Incorporate Human Rights Law into Disaster Prevention and Reduction Strategies

Published on February 28, 2017        Author: 

This post is part of the ESIL Interest Group on International Human Rights Law blog symposium on ‘The Place of International Human Rights Law in Times of Crisis’.

Earthquakes, floods, hurricanes, volcanic eruptions and landslides are all natural phenomena that have occurred throughout the history of humankind. This blog reflects on the ensuing crisis in human life, infrastructure, economic stability and ongoing development projects when such events occur. The limited capacity of a State to prepare, respond and rebuild afterwards is what will often turn these events into ‘disasters’ and crisis situations. Thus, disaster is the consequence of a combination of factors: disaster risk arises when hazards (such as earthquakes, floods, hurricanes, volcanic eruptions and landslides) interact with pre-existing physical, social, economic and environmental vulnerabilities. The ‘elements at risk’ may, therefore, refer to exposure of people, buildings, businesses, and infrastructure. This post shows how and why human rights law is an invaluable asset to States and organisations hoping to reduce the risk of disasters. Critically, it analyses methods available to incorporate human rights law into disaster prevention and reduction strategies.

International Disaster Risk Reduction (DRR) Frameworks

Over the past two decades, as the international disaster management agenda has been developed and refined, firstly in Yokohama (Yokohama Strategy and Plan of Action for a Safer World: guidelines for natural disaster prevention, preparedness and mitigation 1994) and then in Hyogo (Hyogo Framework for Action 2005-2015: Building the Resilience of Nations and Communities to Disasters), the human rights agenda has also undergone a significant shift. Human rights principles are firmly entrenched in the international legal order through the proliferation of human rights courts and institutions. Read the rest of this entry…

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Introduction to ESIL Symposium on ‘International Human Rights Law in Times of Crisis’

Published on February 23, 2017        Author: 

The theme of the 2016 ESIL Annual Conference in Riga was ‘How International Law Works in Times of Crisis’. In line with our practice for the last two annual conferences, the ESIL Interest Group on International Human Rights Law applied the conference theme to International Human Rights Law (IHRL) by hosting an afternoon seminar on ‘The Place of International Human Rights Law in Times of Crisis’ with papers by Elif Askin, Gaëtan Cliquennois, Jaya Ramji-NogalesChristy Shucksmith, Charlotte Steinorth and Ralph Wilde.

In this blog symposium, the six authors examine the place of IHRL in four crises: austerity, disaster, the migration ‘crisis’; and weapons transfer in conflict. While apparently distinct, the blog posts point to challenges in neatly categorising and distinguishing between types of crisis, the ways in which forms of crisis can overlap and bleed into each other and the strategic use of crisis discourse. Indeed, a question raised by Ramji-Nogales is what is meant by ‘crisis’ in the first place. Along with Wilde, she argues that the migration ‘crisis’ should not be understood as a ‘crisis’ as that suggests that the situation was unpredictable and unexpected. Rather, she argues that it was foreseeable and that the language of crisis obscures that fact. While dangerous sea crossings in the Mediterranean have been on-going for some time, the framing of these crossings as a crisis only occurred in Autumn 2015 in Europe.

The posts raise fundamental questions about the positioning and relevance of IHRL in times of crisis. The authors position IHRL on a spectrum from absence or resistance to any role for IHRL in crisis; to a role in mitigating crisis; to becoming part of the problem. The posts further point to heightened interest in IHRL in times of crisis and the chance of development of IHRL as a result. In this introductory post, we explore some of these cross-cutting themes further.  Read the rest of this entry…

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The Draft Articles on “The Protection of Persons in the Event of Disasters”: Towards a Flagship Treaty?

Published on December 2, 2016        Author: 

The debate held on 24 – 26 October within the United Nations General Assembly (UNGA) Sixth Committee concluded an intensive year for the International Law Commission (ILC) topic “The Protection of Persons in the Event of Disasters”. It followed the adoption of the related 18 Draft Articles (DAs) on their second reading, and of the Commentary (here), on the basis of the eighth report submitted by the Special Rapporteur Eduardo Valencia-Ospina and comments received on the 21 draft articles adopted in 2014.  These DAs, which have already attracted attention (e.g. herehere), will be addressed in this post, which will also take into account the proposal made by the ILC “to recommend to the General Assembly the elaboration of a convention on the basis of the draft articles” (2016 Report, para. 46) thus diverging from its trend of favoring ‘soft’ final forms for topics under exam (here). Such possibility might concretize in the near future, taking into account the draft UNGA resolution requesting Governments to submit “comments concerning the recommendation by the Commission” and to include this item in the 2018 UNGA’s agenda.

The structure of the Draft Articles

The possibility of developing a universal flagship treaty would represent a significant novelty in the area of disaster law, which is currently characterized by a fragmented legal framework. In the ‘80s UN attempts to develop a similar convention were unable to achieve consensus, and practice has continued to evolve through universal treaties only addressing specific types of disasters or forms of assistance, regional instruments with different characters in terms of efficacy and structure (here and here), an incoherent network of bilateral treaties (here), and a vast array of soft-law instruments scarcely able to influence stakeholders.

Against this multifaceted background, the Draft Articles attempt to provide a legal systematization of the main issues, their purpose being “to facilitate the adequate and effective response to disasters, and reduction of the risk of disasters, so as to meet the essential needs of the persons concerned, with full respect for their rights” (Draft Article 2). In a nutshell, this provision encompasses some of the main topics addressed, and challenges faced, in the law-making process due to diverging perspectives. Read the rest of this entry…

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Filed under: Disaster Law, EJIL Analysis