International Disaster Response Law

ISBN-13: 9789067049894 / Angielski / Miękka / 2014 / 740 str.

Andrea De Guttry; Marco Gestri; Gabriella Venturini

Opis

With a Foreword by Kristalina Georgieva, European Commissioner for International Cooperation, Humanitarian Aid and Crisis ResponseOver the last decades natural and man-made disasters have been increasing in terms of frequency, size, number of people affected and material damage caused. There is growing awareness of the importance of adequate national and international legal frameworks for disaster prevention, mitigation and response. The implementation of these frameworks, however, poses serious challenges.This book analyses International Disaster Response Law as developed in recent times and identifies the main existing normative gaps. The authors address the rights and duties of States in preventing and mitigating disasters, in facilitating access to their territory for humanitarian relief actors, as well as issues related to liability and compensation. Due attention is paid to European Union law governing disaster response (and to its reform in the light of the Lisbon Treaty) and to the main trends in domestic legislation. Human rights obligations are thoroughly examined and the potential relevance of international criminal law is assessed. Additional topics such as the status of relief personnel, the hindrances to the delivery of relief consignments by customs and excise administration, the use of civilian and military defence assets in emergency situations, the mechanisms and procedures available to offer financial support for recovery and rehabilitation, risk insurance, and the issue of corruption during disaster-related activities are specifically addressed.By drawing on the expertise of lawyers, political scientists, economists and humanitarian practitioners, the book promotes much-needed interdisciplinary dialog and sheds light on a largely uncharted field of research. It is therefore essential reading for academics and practitioners in international and EU law, policy makers, civil protection and humanitarian operators and for anyone interested in exploring the legal facets of the international community s response to large-scale calamitous events.Over the last decades natural and man-made disasters have been increasing in terms of frequency, size, number of people affected and material damage caused. There is growing awareness of the importance of adequate national and international legal frameworks for disaster prevention, mitigation and response. The implementation of these frameworks, however, poses serious challenges.This book analyses International Disaster Response Law as developed in recent times and identifies the main existing normative gaps. The authors address the rights and duties of States in preventing and mitigating disasters, in facilitating access to their territory for humanitarian relief actors, as well as issues related to liability and compensation. Due attention is paid to European Union law governing disaster response (and to its reform in the light of the Lisbon Treaty) and to the main trends in domestic legislation. Human rights obligations are thoroughly examined and the potential relevance of international criminal law is assessed. Additional topics such as the status of relief personnel, the hindrances to the delivery of relief consignments by customs and excise administration, the use of civilian and military defence assets in emergency situations, the mechanisms and procedures available to offer financial support for recovery and rehabilitation, risk insurance, and the issue of corruption during disaster-related activities are specifically addressed.By drawing on the expertise of lawyers, political scientists, economists and humanitarian practitioners, the book promotes much-needed interdisciplinary dialog and sheds light on a largely uncharted field of research. It is therefore essential reading for academics and practitioners in international and EU law, policy makers, civil protection and humanitarian operators and for anyone interested in exploring the legal facets of the international community s response to large-scale calamitous events."

Spis treści

Surveying the Law. - International Disaster Response Law in relation to other branches of international law.- The works of the International Law Commission on ‘Protection of persons in the event of disasters’. A critical appraisal.- Nuclear accidents and international law.- EU Disaster Response Law: Principles and instruments.- The external dimension of the EU Disaster Response.- The consular protection of EU citizens during emergencies in third countries.- The prevention of natural and man-made disasters. What duties for states? An enabling environment for disaster risk reduction.- Access to the territory of a disaster affected state.- Disasters and armed conflict.- The national legal frameworks relating to disaster response: How is incoming international assistance regulated? Maritime accidents with particular emphasis on liability and compensation for damage from the exploitation of mineral resources of the seabed.- Derogation from human rights treaties in situations of natural or man-made disasters.- A (human) right to humanitarian asistance in disaster situations? Surveying public international law.- Protection of vulnerable groups in natural and man-made disasters.- Contour of disaster victims’ rights to a remedy and reparation under international human rights law.- Disasters through the lens of international criminal law.- From theory to practice: the role of disaster response missions.- Actors, activities and coordination in emergencies .- Disasters and the future of humanitarian action: issues, trends and challenges.- Customs obstacles to relief consignments under international disaster response law.- The status of emergency workers.- The use of civil and military defence assets in emergency situations.- The role of international financial institutions.- Funding arrangements for disasters response.- Disasters and corruption, corruption as disaster.- Natural and man-made disasters: challenges and international perspectives for insurance.- Conclusions.

O autorze

Andrea de Guttry is Professor of International Law at the Scuola Superiore Sant'Anna di Studi Universitari e di Perfezionamento, Pisa (Italy); Marco Gestri is Professor of International Law at the Università degli Studi di Modena e Reggio Emilia (Italy); Gabriella Venturini is Professor of International Law at the Università degli Studi di Milano (Italy).