www.ifrc.org saving lives, changing minds. disaster law international law as a solution? david...
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www.ifrc.orgSaving lives, changing minds.
Disaster lawDisaster law
International law as a solution?
David Fisher, Coordinator IFRC Disaster Law Programme
www.ifrc.orgSaving lives, changing minds.
Disaster law
International law at the global level?
www.ifrc.orgSaving lives, changing minds.
Disaster law Potential of some existing global treaties
Instrument Ratification Opportunity
Kyoto and Istanbul Conventions
Weak Discussion about updating text; regional workshops with WCO
Bali Trade Facilitation Agreement
None yet Text does not mention relief, but interest in wide interepretation from WTO
Chicago Convention on Civil Aviation
High Mentioned in IDRL studies – might be able to energize the ICAO
Nuclear Assistance Convention
High Low potential to change text; potential to engage with members
Food Assistance Convention
Low Potential to increase compliance with GHD approach
www.ifrc.orgSaving lives, changing minds.
Disaster law Potential functions of a new treaty
Speed the adoption of national law Chemical weapons convention: 82 natl laws, 10 years on Ottwawa Convention: 35 natl laws, 4 years on
Foster more consistent expectations and smoother ops Establish a mutual approach Also address problems from sending side
Bolster humanitarian principles and solidarity … rights? Reduce (often justified) anxiety of receiving state Address some basic protection issues?
www.ifrc.orgSaving lives, changing minds.
Disaster law Potential risks of a new treaty
A bad treaty might undermine humanitarian principles , rights or other
existing law strike the wrong balance between access and oversight be too rigid -- encrusting “old thinking” be too vague
Even a good treaty might take a long time to negotiate fail to receive quick ratifications
www.ifrc.orgSaving lives, changing minds.
Disaster law International Law Commission
“Draft articles on protection of persons in the event of disasters”
Work started in 2007 Mostly about international assistance First reading completed in 2014 May be proposed as a draft treaty in
2016Special RapporteurEduardo Valencia-Ospina
www.ifrc.orgSaving lives, changing minds.
Disaster law Background on the ILC
Subsidiary organ of the UN General Assembly
Entrusted with the mandate of “codification and progressive development of internatoinal law”
34 experts elected by states based on personal expertise, in personal capacity
Examples of prior work: Diplomatic/consular relations, watercourses, intl criminal court, statelessness, etc.
www.ifrc.orgSaving lives, changing minds.
Disaster law Strong points of the ILC’s draft
Emphasis on dignity and humanitarian principles
Reference to non-state actors
Prohibition of “arbitrary withholding” consent to aid when needed
Articulation of a duty to reduce risks
www.ifrc.orgSaving lives, changing minds.
Disaster law Missed opportunities in the ILC text
Lack of detail on the “rules of the road”
Failure to acknowledge National Societies
Lack of specificity on protection issues
Lack of acknowledgement of regional arrangements
www.ifrc.orgSaving lives, changing minds.
Disaster law Some other problems in the text
Confusion over application in armed conflicts
Confusion as to meaning of impartiality Failure to distinguish civilian and military Clarification on offers and acceptance Cooperation should extend to recovery Failure to distinguish between
humanitarian and risk reduction work Failure to mention vulnerability and
resilience