The Relevance of International Law in the Prevention and Mitigation of Natural Disasters

Abstract

The legal system for ensuring that disaster assistance is provided when needed is the oldest and, yet, the most elusive, of the ideal systems considered by advocates of reform. J. W. Samuels argues for the relevance of this model, but he is realistic and explicit about its limitations as well. The disintegration of the International Relief Union (IRU), formed as it was on the basis of a treaty signed under the auspices of the League of Nations, is a sobering reminder of the frailty of law in the regulation of relations between states. Professor Samuels sees reason for optimism in the gradual progress toward codifying disaster relief practices made by UNDRO and the International Red Cross Movement. However, the functional approach to the development of international rules leaves untouched basic matters of principle — that is, the obligation of some governments to provide relief assistance and the obligation of other governments to receive it. It is here, he argues, that the greatest area of misunderstanding exists and that agreement as to matters of principle is required.