An enchanted tool?: Humanitarian assistance and the ILC Draft Articles on the Protection of Persons in the Event of Disasters

Cubie, Dug

An enchanted tool?: Humanitarian assistance and the ILC Draft Articles on the Protection of Persons in the Event of Disasters

Files

Journal article D Cubie An Enchanted Tool IYIL June 2012.pdf(508.36 KB)

Published Version

Date

2012-05-28

Authors

Cubie, Dug

Publisher

Hart Publishing

Abstract

The overall aim of this article is to provide an analysis of the potential forms of international regulation open to the ILC and states in the context of humanitarian responses to disasters. However to avoid enchanting the ILC draft articles with unwarranted power, any examination of form requires an understanding of the substantive subject matter of the planned international regulation. This article will therefore provide an overview of the international legal regulation of humanitarian assistance following natural and human-made disasters, and the ILC’s work to date on the protection of persons in the event of disasters. It will then examine two key issues that remain to be addressed by the ILC and representatives of states in the UN General Assembly Sixth Committee as they debate the draft articles. Drawing on the UN Guiding Principles on Internal Displacement, the development and implications of binding and non-binding international texts will be examined, followed by an analysis of the suggested framework convention approach identified by the Special Rapporteur as a potential outcome of the ILC work.

Keywords

International Law Commission (ILC) , Disaster , Humanitarian response , UN Guiding Principles on Internal Displacement

Citation

Cubie, D. (2012) 'An enchanted tool?: Humanitarian assistance and the ILC Draft Articles on the Protection of Persons in the Event of Disasters', Irish Yearbook of International Law, 4-5, 2009-10, pp. 119-151.