This 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 catalogue 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.

International disaster law in relation to other branches of international law / G. Venturini - In: International disaster response law / G. Adinolfi, M. Bizzarri, E. Calossi, P. Calvi-Parisetti, S. Cannizzo, F. Casolari, M. Costas Trascasas, A. Creta, A. De Guttry, A. Donini, F. Forni, M. Gestri, A. Gioia, A. La Vaccara, M. Mancini, B. Nicoletti, I. Nifosi-Sutton, I. Palandri, N. Ronzitti, F. Russo, S. Sberna, E. Sommario, T. Scovazzi, S. Silingardi, L. Trieste, G. Turchetti, A. Vannucci, G. Venturini, F. Zorzi Giustiniani ; [a cura di] A. De Guttry, M. Gestri, G. Venturini. - The Hague : T.M.C. Asser Press, 2012. - ISBN 978-90-6704-881-1. - pp. 45-64

International disaster law in relation to other branches of international law

G. Venturini
Primo
2012

Abstract

This 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 catalogue 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.
International ; disaster ; response ; law
Settore IUS/13 - Diritto Internazionale
Book Part (author)
File in questo prodotto:
Non ci sono file associati a questo prodotto.
Pubblicazioni consigliate

Caricamento pubblicazioni consigliate

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/2434/193643
Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus ND
  • ???jsp.display-item.citation.isi??? ND
social impact