Abstract
International Disaster Response Law has developed significantly in the last decades, as clearly proven by the increasing number of relevant treaties which have been signed and ratified worldwide. The codification of various aspects related to disaster prevention, management, and post-disaster recovery did happen in a pretty short time, very often just as a reaction to new typologies of disasters, sometimes in a confused and unco-ordinated manner, very often causing significant overlapping and contradictions. A closer investigation of the various legal texts makes evident that there are significant differences in the terminology used, discrepancies and inconsistencies between the various treaties and among the various treaty levels (bilateral, regional, universal), different stages of development of the rules regulating international co-operation in disaster prevention and management (very sophisticated and comprehensive rules in Latin America, less detailed legal regulation in the African continent), ongoing confusion and uncertainty about the borders between soft law and positive law (in disaster prevention and management soft law has a proven record of great influence and importance in orienting the behavior of international actors). The need for a better synchronization and co-ordination of the codification activities is inevitably and dramatically emerging. The author focuses the attention on how current international instruments are directly or indirectly addressing disaster prevention, management, and recovery response. He describes what the legal picture looks like at universal and at regional level and finally addresses existing problems in terms of co-ordination of legal instruments adopted at various levels (bilateral, regional, and universal).
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Notes
- 1.
Harper 2009, p. 15.
- 2.
There are various archives containing disaster-related agreements: see for example http://www.ifrc.org/en/what-we-do/idrl/publication/); the UN Treaty Collection (http://treaties.un.org/); the IDRL legal database, a collection of international and national legal documents such as treaties, resolutions, laws and regulations relevant to international disaster response operations, which was promoted and is managed by the International Federation of Red Cross and Red Crescent Societies (the OCHA Disaster Response Preparedness Toolkit available at http://ocha.unog.ch/drptoolkit/PNormativeandLegalInstruments.html; the various regional organizations websites listing the relevant agreements adopted in that framework, the websites of the national authorities in charge of disaster management (see for example the data bank of Italian Civil Protection Department listing the bilateral agreements signed by Italy: http://www.protezionecivile.gov.it/jcms/it/accordi_internazionali.wp;jsessionid=97F26DEA445C2A38A66A20869F891FE1); the ECOLEX Databank, operated jointly by FAO, IUCN and UNDEP, providing the most comprehensive, global source of information on environmental law which lists most of the relevant emergency management treaties (http://www.ecolex.org/start.php), including those related to the management of forest fire (more than 30 treaties: on these treaties see also FAO, Forest Protection Working Papers, Legal Frameworks for Forest Fire Management: International Agreements and National Legislation, Follow-up Report to FAO/ITTO International Expert Meeting on Forest Fire Management, March 2001, available at http://www.fao.org/docrep/009/ag044e/ag044e00.htm). All the above mentioned web sites have been accessed on 28 February 2012.
- 3.
Contributions on the theoretical aspects are cited in the References, at the end of this contribution.
- 4.
On July 6, 2010 UN Secretary-General Ban Ki-Moon paid an official visit to the International Federation of the Red Cross during which he underlined the importance of IDRL. See: http://www.ifrc.org/docs/news/07/07060801/. Accessed 20 February 2012.
- 5.
The OAS General Assembly underlined the importance of IDRL in its Resolution 2314, adopted on June 7, 2007, expressing its commitment to ‘eliminate obstacles to humanitarian assistance…, with particular emphasis on strengthening the necessary legal framework.’ See http://www.oas.org/37ag/english/default.asp. Accessed 28 February 2012.
- 6.
At its 2006 session the International Law Commission specified the topic Protection of persons in the event of disasters for inclusion in its long-term programme of work. For more on the work carried out so far within the ILC, see Chap. 3 by Zorzi Giustiniani in this volume.
- 7.
Reinecke 2010, p. 145.
- 8.
ILC, Protection of persons in the event of disasters, Draft Articles 1–5, Document A/CN.4/629. See more in Chap. 3 by Zorzi Giustiniani in this volume.
- 9.
UN 2004: ‘Measures to avoid completely the adverse impact of hazards and means to minimize related environmental, technological and biological disasters.’
- 10.
UNISDR 2009, p. 4: ‘Disaster risk reduction (DRR)’ refers to the ‘concept and practice of reducing disaster risks through systematic efforts to analyze and manage the causal factors of disasters, including through reduced exposure to hazards, lessened vulnerability of people and property, wise management of land and the environment, and improved preparedness for adverse events.’
- 11.
- 12.
According to the Resolution on Humanitarian Assistance adopted by the Institut de Droit International at its Bruges Session, 2 September 2003, humanitarian assistance includes
All acts, activities and the human and material resources for the provision of goods and services of an exclusively humanitarian character, indispensable for the survival and the fulfillment of the essential needs of the victims of disasters.
- 13.
In its Guidance Note on Early Recovery, published in 2008, the Cluster Working Group on Early Recovery (CWGER), led by the UNDP Bureau for Crisis Prevention and Recovery, defines ‘early recovery’ as: ‘a multidimensional process of recovery that begins in a humanitarian setting. It is guided by development principles that seek to build on humanitarian programmes and catalyze sustainable development opportunities. It aims to generate self sustaining, nationally owned, resilient processes for post-crisis recovery. It encompasses the restoration of basic services, livelihoods, shelter, governance, security and rule of law, environment and social dimensions, including the reintegration of displaced populations.’ The document is available at http://www.undp.org/cpr/iasc/content/docs/CWGER_Tools/Doc1.pdf. Accessed 23 February 2012. More on this in the UNDP Post-Disaster Recovery Guidelines, available at http://www.undp.org/cpr/disred/documents/publications/regions/america/recovery_guidelines_eng.pdf. Accessed 23 February 2012.
- 14.
A convincing definition of recovery is to be found in the Glossary of the International Recovery Platform (available at http://www.recoveryplatform.org/resources/glossary/R, accessed 23 February 2012), which defines recovery as
The restoration, and improvement where appropriate, of facilities, livelihoods and living conditions of disaster-affected communities, including efforts to reduce disaster risk factors.
The recovery task of rehabilitation and reconstruction begins soon after the emergency phase has ended, and should be based on pre-existing strategies and policies that facilitate clear institutional responsibilities for recovery action and enable public participation. Recovery programmes, coupled with the heightened public awareness and engagement after a disaster, afford a valuable opportunity to develop and implement disaster risk reduction measures and to apply the ‘build back better’ principle.
It seems clear and evident that there is significant overlapping between the definitions of early recovery and recovery (which also includes the facilities, livelihood, and living conditions of disaster-affected communities) but this overlapping does not have any concrete consequences.
- 15.
The operation and decisions after a disaster and after the previous activities, with the view to restoring to the stricken country, communities, families, and individuals the former living conditions, whilst at the same time encouraging and facilitating the necessary adjustments to the changes caused by the disaster or emergency.
- 16.
In its Resolution 64/250 of 2010, the UN General Assembly reiterated clearly the need for a continued high level of support for and commitment to the immediate humanitarian relief phase, early recovery, rehabilitation, reconstruction and development efforts, including in the medium and long terms, that reflect the spirit of international solidarity and co-operation in addressing the disaster.
- 17.
Fenner and Mahlstein 2009, p. 143.
- 18.
In the preamble of the Convention it is clearly stated that the parties agreed to sign the Convention
Being convinced of the need for cooperation between the competent authorities of the Contracting States for the purpose of facilitating the necessary reciprocal assistance in the case of accidents in peacetime and of expediting the dispatch of emergency squads and materials (emphasis added).
- 19.
In similar cases other branches of international law, such as refugees’ law, may be also applicable.
- 20.
For more on this see the Conclusions by Ronzitti in this volume.
- 21.
The terms used in the different agreements vary: Treaty, Agreement, Arrangement, Memorandum of Understanding (very popular), Protocol, Administrative MoU, Declarations of intent. With the exception of Declarations of Intent all the other agreements are, from a legal and formal point of view, international agreements, and as such their life is regulated by the 1969 Vienna Convention on the Law of Treaties. The frequent use of the term MoU is very often due to the fact that the agreements are not subject to a specific ratification process, as they usually come into force at the time the MoU is signed.
- 22.
See for example, the 2007 MoU between Italy and Venezuela on bilateral co-operation in civil protection issues.
- 23.
See the 1995 Agreement on Joint Control of Forest Fire between China and Russia or the 2001 Wildfire Arrangement between the Department of the Interior and the Department of Agriculture of the USA and the National Rural Fire Authority of New Zealand which is designed to create a regulatory framework enabling the Parties to request wildfire suppression resources from the other contracting Party.
- 24.
See for example the 2006 MoU between the China Earthquake Administration and the Italian Civil Protection Department on Co-operation in the field of Seismic Risk Mitigation and Emergency Management.
- 25.
See for example the 2007 Administrative agreement between Italy and France on transboundary co-operation in mountainous areas in situations of emergency (text available at: http://www.protezionecivile.gov.it/resources/cms/documents/Francia_cooptransfrontaliera.pdf). Accessed 15 February 2012.
- 26.
As an example we can cite the 1999 Wildfire protection Agreement between the Department of Agriculture of the USA and the Secretariat for Environment Natural Resources and Fisheries of the United Mexican States for the common border, and the 2007 Italy–France agreement which is applicable exclusively for events occurring in three Italian regions (Lombardy, Piedmont, and Aosta Valley) and in five French Departments.
- 27.
1993 Protocol between the Kingdom of Spain and the Republic of Portugal regarding technical co-operation and mutual assistance in Civil Protection.
- 28.
1977 Agreement between Argentina and Chile on co-operation in cases of catastrophes; 1970 Agreement on Mutual Assistance between the French and Monegasque relief and civil defence services.
- 29.
2001 Wildfire Arrangement between the Department of the Interior and the Department of Agriculture of the USA and the National Rural Fire Authority of New Zealand.
- 30.
See for example the 2007 Italy–France Administrative MoU on cross border co-operation in emergency situations in mountainous areas.
- 31.
Article 3.7 of the 1993 Protocol between the Kingdom of Spain and the Portuguese Republic regarding technical co-operation and mutual assistance in the field of civil defense.
- 32.
1999 Wildfire Protection Agreement between the Department of the Interior and the Department of Agriculture of the United States of America and the Secretariat of Environment, Natural Resources, and Fisheries of the United Mexican States for the common border; 1970 Agreement on Mutual Assistance between the French and Monegasque relief and civil defense services.
- 33.
2001 Wildfire Arrangement between the Department of the Interior and the Department of Agriculture of the USA and the National Rural Fire Authority of New Zealand; 1994 Agreement by and between the government of the Finnish Republic and the government of the Russian Federation on co-operation to avert disasters and to prevent their consequences. Article 12 of this agreement states that ‘The assistance requesting contracting party shall compensate the assistance giving contracting party for the costs caused by the assistance, including the expenses of medical care, unless agreed differently by the contracting parties in view of the nature and proportions of the disaster. The assistance requesting contracting party may cancel their request for the assistance at any time. In that case, the assistance giving party is entitled to compensation for the costs caused to them. If not agreed differently between the contracting parties, the costs shall be compensated immediately after the assistance giving contracting party has demanded this to the assistance requesting party.’
- 34.
In the 1997 agreement between Argentina and Chile on co-operation in case of catastrophes, for example, the sending State will take care of the transportation cost for the mission, while the receiving State will be responsible for all the local costs. Similar terms are also used in the drafting of Article 5 of the 1962 Agreement on Mutual Assistance between French and Luxemburg Fire and Emergency Services and Article 4 of the Agreement of 14 July 1959 on mutual assistance between the French and Spanish services against fire and assistance. Article 4 of the Spain-Morocco Agreement on technical co-operation and mutual assistance in civil protection states that ‘The expense of furnishing the assistance equipment and materials during the operations, shall be covered by the Assisted Party. The Assisted Party shall cover the expense of maintenance or substitutions due to loss, destruction or deterioration of aircraft, ground vehicles or assistance materials caused as a consequence of the rescue operations.’
- 35.
1999 Memorandum of Understanding between the Government of the Republic of Ghana and the Government of the Province of British Columbia.
- 36.
As an example of an extremely detailed manner of regulating the issue under discussion, please refer to the 2001 Wildfire Arrangement between the Department of the Interior and the Department of Agriculture of the USA and the National Rural Fire Authority of New Zealand.
- 37.
Article of the 1997 Agreement between Argentina and Chile on co-operation in case of catastrophes.
- 38.
In several cases, the treaties even provide for total immunity from civil and criminal jurisdiction for the members of the international missions: see for example the 1997 Agreement between Argentina and Chile on co-operation in case of catastrophes as well as the 1994 Agreement between the Government of the Finnish Republic and the Government of the Russian Federation about Co-operation to avert disasters and to prevent their consequences whose Article 13 reads as follows: ‘Both contracting parties waive all demands for compensation from the other contracting party on account of a death or a bodily injury, or for other damages caused to the health of their experts or other personnel, or to their personal property, if these events have taken place while carrying out duties relating to the implementation of this Agreement. The assistance giving contracting party shall take out insurance, according to the regulations effective in their country, for their personnel taking part in the assistance operation. The insurance costs are included in the general costs for the assistance and the assistance requesting contracting party shall pay them as provided for in this Agreement. If a member of the assistance giving party's relief team, while carrying out duties relating to the implementation of this Agreement, should cause damage to a third party in the territory of the assistance requesting state, the assistance requesting contracting party shall pay the damages under the legislative provisions that would be applied if the damage had been caused by their own relief troops. The assistance requesting contracting party shall have the right of recourse to file a lawsuit for any compensation, paid under this article, against a member of the relief team who has caused the damage intentionally or by gross negligence. The contracting parties' competent authorities shall exchange pertinent information about the situation in which the damage referred to in this article took place.’
- 39.
1992 Spain-Morocco Agreement on technical co-operation and mutual assistance in civil protection: Article 4.
- 40.
1997 Agreement between Argentina and Chile on co-operation in case of catastrophes.
- 41.
1992 Spain–Morocco Agreement on technical co-operation and mutual assistance in civil protection: Article 2.
- 42.
1992 Spain–Morocco Agreement on technical co-operation and mutual assistance in civil protection: Article 2.5.
- 43.
Article II. 5 of the 1995 Agreement of Joint Control on Forest Fire between the Government of the People's Republic of China and the Government of the Russian Federation.
- 44.
Article VI of the 1999 Wildfire protection agreement between the Department of the Interior and the Department of Agriculture of the United States of America and the Secretariat of Environment, Natural Resources, and Fisheries of the United Mexican States for the common border.
- 45.
1955 USA and Korea Relief Supplies and Equipment: Duty-Free Entry and Exemption From Internal Taxation Agreement. Article VI of the 1999 Wildfire protection agreement between the Department of the Interior and the Department of Agriculture of the United States of America and the Secretariat of Environment, Natural Resources, and Fisheries of the United Mexican States for the common border.
- 46.
Should they include medical preparations which contain narcotics, the leaders of the relief teams must report these to the customs officials who shall allow their free entry into the country. Such preparations may only be used by the competent medical staff of the assistance giving contracting party in accordance with the legislation of the assistance giving contracting party. At the termination of the rescue operations, the remaining preparations which contain narcotics shall be taken out of the country and a consumption report, signed by the team leader and the doctor, shall be submitted to the customs; this report shall specify the consumption of the preparations and it must be certified by a representative of the assistance requesting party's competent authority: see more in Article 4 of the 1994 Agreement by and between the Government of the Finnish Republic and the Government of the Russian Federation about co-operation to avert disasters and to prevent their consequences.
- 47.
See more on this in The Netherlands Red Cross 2010. Several studies on these typologies of agreements among local authorities, especially in Europe, have been carried out by the IFRC and are available at: http://www.ifrc.org/en/what-we-do/idrl/research-tools-and-publications/country-and-regional-studies/. Accessed 10 February 2012.
- 48.
This Agreement, which is no longer in force, was aimed at preparing a joint feasibility study in preparation for the development of a project proposal for donor financing toward the establishment of a modern hydro-meteorological monitoring system with real time transmission of data for the benefit of CARICOM and its member States.
- 49.
Dominican Republic, Nicaragua, Panama, Peru, and Uruguay are the States which have ratified the 1991 Convention.
- 50.
See more in Poncelet 1997, p. 267.
- 51.
Poncelet 1997, p. 269.
- 52.
The bodies created in the Agreement are the following: (a) The Council (b) The Board of Directors (c) The Coordinating Unit.
- 53.
Article 19 of the Agreement states that ‘Except as may otherwise be agreed between them, the expenses incurred by a sending State in providing assistance to a requesting State shall be defrayed by the sending State.’
- 54.
Decision 529 of July 7, 2002 of the Andean Council of Foreign Ministers.
- 55.
The Reglamento interno del Comité Andino para la prevenciòn y atención de desastres (CAPRADE) is available at http://www.caprade.org/caprade/index.php?option=com_content&view=article&id=25. Accessed 22 February 2012.
- 56.
- 57.
The text of the Agreement is available at http://arctic-council.org/filearchive/Arctic_SAR_Agreement_EN_FINAL_for_signature_21-Apr-2011.pdf. Accessed 23 February 2012.
- 58.
See Article 15 of the Protocol.
- 59.
See more at: http://www.adrc.asia/aboutus/index.html. Accessed 23 February 2012.
- 60.
Armenia, Azerbaijan, Bangladesh, Bhutan, Cambodia, China, India, Indonesia, Japan, Kazakhstan, Kyrgyz, Laos PDR, Malaysia, Maldives, Mongolia, Myanmar, Nepal, Pakistan, Papua New Guinea, Philippines, Republic of Korea, Russian Federation, Singapore, Sri Lanka, Tajikistan, Thailand, Uzbekistan, Viet Nam, Yemen.
- 61.
Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan, and Sri Lanka are the member States of SAARC.
- 62.
Message from H.E. Uz. Fathimath Dhiyana Saeed, Secretary-General of SAARC, at the InterGovernmental Meeting to Finalize the Draft SAARC Agreement on Rapid Response to Natural Disasters - Maldives, 25–26 May 2011, available at http://www.saarc-sec.org/2011/05/25/news/Message-from-H.E.-Uz.-Fathimath-Dhiyana-Saeed-Secretary-General-of-SAARC--at-the-Inter-Governmental-Meeting-to-Finalize-the-Draft-SAARC-Agreement-on-Rapid-Response-to-Natural-Disasters---Maldives-25-26-May-2011/60/. Accessed 10 February 2012.
- 63.
See for more info on the Center: http://saarc-sadkn.org/about.aspx. Accessed 10 February 2012.
- 64.
Text available at: http://www.ecosecretariat.org/. Accessed 15 February 2012.
- 65.
UN Economic and Social Commission for Asia and the Pacific, The Asia-Pacific Disaster Report, 2010, Protecting Development Gains, Reducing Disaster Vulnerability and Building Resilience in Asia and the Pacific, available at http://www.unescap.org/idd/pubs/Asia–PacificDisaster-Report%20-2010.pdf. Accessed 23 February 2012.
- 66.
More on the Centre at: http://www.rcdrr.org. Accessed 23 February 2012.
- 67.
See Article IX of the 1978 Kuwait Convention.
- 68.
For more details visit: http://www.sidsnet.org/aosis/about.html. Accessed 23 February 2012.
- 69.
See Article 12 of the 1981 Convention for Co-operation in the Protection and Development of the Marine and Coastal Environment of the West and Central African Region, and Article 11 of the 1985 Nairobi Convention of the Protection, Management and Development of the Marine and Coastal Environment of the Eastern African Region.
- 70.
Decision EX.CL/Dec 250—VIII, ‘Implementation of the strategy rests at the sub-regional and national levels. (ECOWAS, ECOWAS policy for Disaster Risk Reduction, 2006,’ available at http://www.preventionweb.net/files/4037_ECOWASpolicyDRR.pdf. Accessed 23 February 2012.
- 71.
Decision on the Report of the second Ministerial Conference on Disaster Risk Reduction, Doc. EX.CL/589(XVII), available at: http://www.preventionweb.net/files/18734_1838517947ex.cldec.600643edecisiono.pdf. Accessed 23 February 2012.
- 72.
Available at: http://www.eac.int/component/k2/item/605-press-release-eac-heads-of-disaster-management-meet-in-dar.html. Accessed 10 February 2012.
- 73.
More at: http://www.icpac.net/. Accessed 23 February 2012.
- 74.
For example Article 9 of the 1976 Barcelona Convention for the Protection of The Mediterranean Sea Against Pollution (revised in Barcelona, Spain, on 10 June 1995 as the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean) states that
1. The Contracting Parties shall co-operate in taking the necessary measures for dealing with pollution emergencies in the Mediterranean Sea area, whatever the causes of such emergencies and reducing or eliminating damage resulting therefrom.
2. Any Contracting Party which becomes aware of any pollution emergency in the Mediterranean Sea area shall without delay notify the Organization and, either through the Organization or directly, any Contracting Party likely to be affected by such emergency.
Similar rules are provided in the 1992 Bucharest Convention on the Protection of the Black Sea Against Pollution.
- 75.
See more on EUR-OPA at: http://www.coe.int/T/DG4/MajorHazards/Default_en.asp. Accessed 23 February 2012.
- 76.
The text of the Action Plan is available at http://www.coe.int/t/dg4/majorhazards/ressources/Apcat2010/StPetersburg/APCAT2010_05rev2_MediumTermPlan2011-2015_EN.pdf. Accessed 10 February 2012.
- 77.
The text of the Cooperation Agreement is available at www.mae.it/trattati. Accessed 23 February 2012.
- 78.
The text of the agreement is available at http://www.norden.org/en/about-nordic-co-operation/agreements/treaties-and-agreements/social-and-health-care/nordic-public-health-preparedness-agreement. Accessed 23 February 2012.
- 79.
Article 4 of the Agreement.
- 80.
The text of the agreement is available at http://www.bsec-organization.org/documents/LegalDocuments/agreementmous/agr4/Documents/Emergencyagreement%20071116.pdf. Accessed 23 February 2012.
- 81.
Article 3 of the Agreement states that
3.2. If a Party needs assistance in case of natural or man-made disasters which has occurred on the territory of its State, this Party can require Assistance from the other Party(s) by forwarding the national appeal. The Assisting Party(s) shall help the Requesting Party by means and measures aimed at preventing and/or eliminating consequences of the Disaster.
3.3 The Parties shall render one another Assistance according to their possibilities. The Assistance shall be of granted at no cost unless otherwise agreed by the Parties.
3.4 The Requesting Party shall ensure unobstructed receipt and distribution of goods of assistance exclusively among the afflicted population. The goods of assistance shall be distributed without any discrimination based on race, religion, language, political, or other factors.
- 82.
See more on this in The Asia–Pacific Disaster Report, Protecting Development Gains, Reducing disaster vulnerability and Building Resilience in Asia and the Pacific, 96 ff., available at http://www.unescap.org/idd/pubs/Asia–Pacific-Disaster-Report%20-2010.pdf. Accessed 3 February 2012.
- 83.
Inter-State co-operation in the fight against the international community only becameemergency related issues dealt with in international treaties, both at bilateral and multilateral level: as an example see the 1912 International Sanitary Convention later updated in 1926.
- 84.
On the preparatory steps and the negotiation of the IRU Treaty and on its content see Toman 2006, 1 ff.
- 85.
See for e.g., the 1965 London Convention on Facilitation of International Maritime Traffic, containing a specific section F devoted to Natural Disaster Relief Work according to which
‘5.11 Standard. Public authorities shall facilitate the arrival and departure of vessels engaged in natural disaster relief work.
5.12 Standard. Public authorities shall to the greatest extent possible, facilitate the entry and clearance of persons and cargo arriving in vessels referred to in Standard 5.11.’
- 86.
See letter C of Chapter 3 of International Standards and Recommended Practices, Facilitation, Annex 9 of 1997 to the Convention on International Civil Aviation: letter C is entirely devoted to Relief flights following man-made and natural disasters which seriously endanger human health or the environment and similar emergency situations where UN assistance is required.
- 87.
See for e.g., the 1961 Customs Convention on the Temporary Importation of professional equipment, the 1973 International Convention on the simplification and harmonization of Customs procedures (Kyoto Convention), Revised Kyoto Convention 2000, the 1990 Istanbul Convention on Temporary Admission. For a more detailed comment of these treaties please see Chap. 22 by Adinolfi in this volume.
- 88.
WHO, International Health Regulations, (2005) Second Edition available at http://whqlibdoc.who.int/publications/2008/9789241580410_eng.pdf. Accessed 3 February 2012.
- 89.
Most of the international (both Universal and regional) HR Conventions contain specific rules dealing with the issue of protecting human rights ‘..in time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed’ (Article 4 of the 1966 International Covenant on Civil and Political Rights). See more on this in Chap. 14 by Sommario in this volume.
- 90.
1989 Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and their disposal.
- 91.
See the 2005 Optional Protocol to the Convention on the Safety of United Nations and Associated Personnel. This protocol, which has been adopted considering that United Nations operations conducted for the purposes of delivering emergency humanitarian assistance entail particular risks for United Nations and associated personnel, extended the scope of legal protection under the Convention to such emergency personnel. Unfortunately the Protocol has not yet entered into force.
- 92.
The number of Treaties regulating the protection of the environment and containing specific rules dealing with emergency situations is very impressive: as an example one may cite the 1969 Bruxelles International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties Intervention, the 1990 International Convention on Oil Pollution Preparedness, Response and Co-operation and the London 2000 Protocol on Preparedness, Response and Co-operation to Pollution Incidents by Hazardous and Noxious Substances.
- 93.
Article 1 of this Convention states that the Convention itself shall apply
‘to the prevention of, preparedness for and response to industrial accidents capable of causing transboundary effects, including the effects of such accidents caused by natural disasters, and to international co-operation concerning mutual assistance, research and development, exchange of information and exchange of technology
in the area of prevention of, preparedness for and response to industrial accidents.
- 94.
The Framework Convention, which came into force in 2001, has been ratified by only 10 States. The text is available at http://www.icdo.org/files/framework-convention.pdf. Accessed 23 February 2012.
- 95.
The 2005 Protocol clearly states, at Article II, that the 1994 Convention is applicable
‘in respect of all other United Nations operations established by a competent organ of the United Nations in accordance with the Charter of the UN and conducted under United Nations authority and control for the purpose of…
b) Delivering emergency humanitarian assistance.
The following para 3 of the same Article II allows, however, a member State to make a declaration to the UN Secretary-General that it shall not apply this protocol with respect to a UN operation which is carried out with the sole purpose of responding to a natural disaster. See more on this specific issue in IFRC 2010; Bourloyannis-Vrailas 1995, p. 560; Bloom 1995, p. 621; Lepper 1995, p. 359.
- 96.
Available at http://www.ifrc.org/Docs/idrl/I49EN.pdf. Accessed 23 February 2012.
- 97.
Available at http://www.cgiar.org/changemanagement/pdf/wg4_Principles%20and%20Good%20Practice%20of%20Humanitarian%20Donorship.pdf. Accessed 23 February 2012.
- 98.
Available at http://www.ifrc.org/Docs/idrl/I149EN.pdf. Accessed 23 February 2012.
- 99.
Available at http://www.ifrc.org/Docs/idrl/I82EN.pdf. Accessed 23 February 2012.
- 100.
Available at http://www.ifrc.org/en/publications-and-reports/code-of-conduct/. Accessed 23 February 2012.
- 101.
Available at http://www.ifrc.org/Docs/pubs/idrl/guidelines/introduction-guidelines-en.pdf. Accessed 23 February 2012.
- 102.
Available at http://www.brookings.edu/reports/2008/spring_natural_disasters.aspx. Accessed 23 February 2012.
- 103.
Available at http://www.sphereproject.org/content/view/720/200/lang,english/. Accessed 23 February 2012.
- 104.
See for example the very interesting and comprehensive 2003 Resolution of the Inter-Parliamentary Union on International Co-operation for the prevention and management of Transborder Natural Disaster (available at http://www.ipu.org/conf-e/108-2.htm: accessed 23 February 2012) in which IPU
Encourages the international community to co-operate more closely in mitigating the adverse effects of transborder natural disasters through improved preparedness, risk reduction, and effective response, and to strengthen coordination mechanisms among States at the regional and international levels, including improved donor response coordination and harmonisation.
- 105.
See more on this in Chap. 20 by De Siervo in this volume.
- 106.
See, for e.g., the 1999 UN General Assembly Resolution 54/219, International Decade for Natural Disaster Reduction: successor arrangements. From that year on, the UN General Assembly adopts regularly on an annual basis a specific Resolution on the risk reduction strategy: the more recent Resolution is the 65/157 International Strategy for Risk Reduction adopted on February 25, 2011.
- 107.
See more at: http://www.unisdr.org/. Accessed 23 February 2012.
- 108.
Available at http://www.preventionweb.net/english/professional/publications/v.php?id=1037&pid:3&pif:3. Accessed 3 February 2012.
- 109.
Article XIV of the 1991 Inter-American Convention.
- 110.
Farber, Chen, Verchick, Sun 2009, p. 165.
- 111.
There are however many disaster-related treaties which are applicable on the occurrence of a natural disaster which might affect only the environment, even without damaging personal property or threatening the life of individuals: see for example the 2005 Tampere Convention. Another relevant example is given by the 1992 Cooperation agreement on the forecast, prevention and mitigation of natural and technological disaster among Austria, Croatia, Hungary, Italy, Poland and Slovenia which extends the treaty to the ‘Cooperation in the field of forecast and prevention of major risks, entailing serious consequences for the safety of people, assets and environment…’ (Emphasis added).
- 112.
In the Preamble of the 1991 Inter-American Convention to Facilitate Disaster Assistance, reference is made to
…. disasters, catastrophes, and calamities that take and threaten the lives, safety, and property of the inhabitants of the American hemisphere.
- 113.
See the ASEAN document entitled The Use of Asean Military Assets and Capacities in Humanitarian Assistance and Disaster Relief, Concept Paper, available at http://www.asean.org/18471-d.pdf. Accessed 23 February 2012.
- 114.
- 115.
Marshall 2008, p. 184.
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de Guttry, A. (2012). Surveying the Law. In: de Guttry, A., Gestri, M., Venturini, G. (eds) International Disaster Response Law. T.M.C. Asser Press, The Hague, The Netherlands. https://doi.org/10.1007/978-90-6704-882-8_1
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