International Disaster Response Law in Relation to Other Branches of International Law

Abstract

AbstractThis chapter examines the relationship between international disaster response law (IDRL) and some other branches of public international law that variously contribute to shape its form and substance. It is argued that IDRL should be construed and implemented along the lines of Human Rights Law, International Humanitarian Law, Refugee Law, Global Health Law, International Environmental Law, and the Law of International Development. The IDRL rules stem from traditional sources of public international law, such as custom and treaties, however, general principles and soft law play a major role in its gradual development. Under IDRL, the traditional principle of State sovereignty is being challenged by the duty of cooperating to assist disaster victims. Human Rights Law, as a corpus of basic rules applying to all situations, provides a catalog of non-derogable rights. International Humanitarian Law extensively stipulates how persons in need of assistance are to be treated. It is also the basis of the fundamental principles governing humanitarian assistance, i.e., humanity, impartiality, and neutrality. Especially, humanity prompts the expansion of the scope of the principle of non-refoulement to persons forced to migrate in the wake of disaster. State obligations regarding public health and environmental protection contribute to the avoidance of health emergencies and environmental harm, thus making disaster prevention and disaster response easier. Disaster Risk Reduction is a critical component of both IDRL and the Millennium Development Goals set by the international community in order to take decisive steps against poverty and to boost development.KeywordsSovereigntyHuman rightsInternational humanitarian lawHumanitarian assistanceSoft lawRefugee lawGlobal health lawInternational environmental lawDevelopment