{"title":"ngos and the International Law Commission Draft Articles on the Protection of Persons in the Event of Disasters: A Relationship of Mutual or Grudging Respect?","authors":"E. Evangelidis, Thérèse O'Donnell","doi":"10.1163/26662531-01001008","DOIUrl":"https://doi.org/10.1163/26662531-01001008","url":null,"abstract":"This article analyses the role of NGOs in the development and drafting of disaster law in general, and the ILC draft Articles on the Protection of Persons in the Event of Disasters in particular, and by extension what this reveals regarding NGO subjectivity in international law. The substantive content of the draft Articles and their commentaries and how they pertain to NGOs from an operational perspective, is a further area of analysis. The article initially frames humanitarian NGO subjectivity and how this constituency has evolved and how that has implications for its realm of action. Secondly, given its underpinning importance to the ILC project, an analysis of NGO disaster law activity (both autonomous and institutional) is analysed via key instruments. NGOs are a complex and diverse community and attempts to address them in some standardised fashion (which was also acceptable to states) was always going to challenge the ILC. These complexities are analysed in the final main substantive section of the article with particular attention being given to draft Article 12 and the issue of external assistance to disaster-affected states.","PeriodicalId":420790,"journal":{"name":"Yearbook of International Disaster Law","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114972814","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Humanitarian Assistance and International Law (2018)","authors":"Dug Cubie","doi":"10.1163/26662531-01001027","DOIUrl":"https://doi.org/10.1163/26662531-01001027","url":null,"abstract":"","PeriodicalId":420790,"journal":{"name":"Yearbook of International Disaster Law","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129684789","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"International Cultural Heritage Law (2018)","authors":"Flavia Zorzi Giustiniani","doi":"10.1163/26662531-01001028","DOIUrl":"https://doi.org/10.1163/26662531-01001028","url":null,"abstract":"Recently, discussions on ‘Intangible Cultural Heritage (ich) in emergencies’ have started within the Intergovernmental Committee for the Safeguarding of the Intangible Cultural Heritage1 which, since its 11th session, highlights the ever increasing importance attributed to ich in the context of natural disasters.2 Such a global initiative was launched to better understand the role of ich in emergencies and, to this aim, to gain knowledge and experience on the role of communities in both safeguarding their ich at risk in emergencies and mobilizing the latter as a tool for preparedness, resilience, reconciliation and recovery. Decision 13, adopted by the Committee during its 13th session in Port Louis, constitutes the latest effort in this regard.3 As far as disasters are concerned, Decision 13 also builds upon the Addendum to the Strategy for the Reinforcement of unesco’s Action for the Protection of Culture and the Promotion of Cultural Pluralism in the Event of Armed Conflict, concerning emergencies associated with disasters caused by natural and human-induced hazards.4 This addendum crucially adapts the international drr policy framework to the whole cultural domain, instead that to World Heritage alone, as it was the case earlier. In this respect, inventories of ich are playing an increasingly important role. The development of inventories of ich is one of the first and clearest obligations established by the Convention for the Safeguarding of Intangible Cultural Heritage, since ich cannot be protected if it is not specified what specific","PeriodicalId":420790,"journal":{"name":"Yearbook of International Disaster Law","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132498807","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Addressing Cultural Rights in Disaster Management: A Checklist for Disaster Managers","authors":"Iheanyi Nwankwo, K. Wendt, J. Bonnici","doi":"10.1163/26662531-01001013","DOIUrl":"https://doi.org/10.1163/26662531-01001013","url":null,"abstract":"","PeriodicalId":420790,"journal":{"name":"Yearbook of International Disaster Law","volume":"102 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124744566","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Beyond Early Warning Systems: Querying the Relationship between International Law and Disaster Risk (Reduction)","authors":"Marie Aronsson-Storrier","doi":"10.1163/26662531-01001005","DOIUrl":"https://doi.org/10.1163/26662531-01001005","url":null,"abstract":"","PeriodicalId":420790,"journal":{"name":"Yearbook of International Disaster Law","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114230409","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Disaster by Degrees: The Implications of the ipcc 1.5°C Report for Disaster Law","authors":"J. McDonald, Anastasia Telesetsky","doi":"10.1163/26662531-01001010","DOIUrl":"https://doi.org/10.1163/26662531-01001010","url":null,"abstract":"Climate change is the ultimate disaster. It is hard to imagine a more profound systematic and disruptive change of human suffering, mass displacement and environmental damage than anthropocentric climate change. The combination of more intense and frequent extreme weather events and slow onset climate disasters, such as reduced precipitation and sea level rise, threatens to exceed the coping capacity of affected communities and disrupt fundamental societal functions. In 2018 alone, 218 extreme weather events affected 61.7 million people worldwide. 23 million people were affected by floods in Kerala, India; 9.3 million people experienced drought. The United States experienced its costliest and deadliest wildfire in over a century.","PeriodicalId":420790,"journal":{"name":"Yearbook of International Disaster Law","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114078366","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"‘Routledge Handbook of Human Rights and Climate Governance’ edited by Sébastien Duyck, Sébastien Jodoin and Alyssa Johl","authors":"C. Higham","doi":"10.1163/26662531-01001037","DOIUrl":"https://doi.org/10.1163/26662531-01001037","url":null,"abstract":"","PeriodicalId":420790,"journal":{"name":"Yearbook of International Disaster Law","volume":"85 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126313026","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"International Environmental Law (2018)","authors":"Marlies Hesselman","doi":"10.1163/26662531-01001030","DOIUrl":"https://doi.org/10.1163/26662531-01001030","url":null,"abstract":"The field of international environmental law is highly relevant to the prevention of, preparedness for, response to and recovery from disasters. Most obviously, environmental law is important because poorly managed environmentally hazardous situations can directly cause or contribute to the occurrence of both slow-onset and sudden-onset disasters, while various disaster events, such as oil spills, volcanic eruptions, forest fires or climate disasters can also lead to widespread, irreparable environmental damage, including to vulnerable habitats and eco-systems as protected under international treaties.1 In addition, as discussed below, it is increasingly recognised that environmental treaties may be instrumental to adequately managing disaster risk and keeping human settlements safe, in the sense that they protect essential eco-system services of nature. In fact, definitions of “disasters”, including in the ilc’s Draft Articles on the Protection of Persons in Event of Disasters, often refer to ‘environmental’ aspects of disasters, both in terms of ‘natural’ hazards or in terms of environmental damage sustained.2 Before assessing some key developments during 2018, it is worth to briefly note that “international environmental law” tends to suffer from some similar problems as “international disaster law”, especially in that both fields lack a clear “core” treaty which anchors the key legal principles. Instead, relevant provisions of international environmental law are contained in loosely interrelated regional and international multi-lateral environmental agreements (meas),","PeriodicalId":420790,"journal":{"name":"Yearbook of International Disaster Law","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131409694","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Human Rights Law (2018)","authors":"Marlies Hesselman","doi":"10.1163/26662531-01001026","DOIUrl":"https://doi.org/10.1163/26662531-01001026","url":null,"abstract":"","PeriodicalId":420790,"journal":{"name":"Yearbook of International Disaster Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128462984","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"‘Routledge Handbook of Human Rights and Disasters’ edited by Flavia Zorzi Giustiniani, Emanuele Sommario, Federico Casolari and Giulio Bartolini","authors":"Riccardo Luporini","doi":"10.1163/26662531-01001034","DOIUrl":"https://doi.org/10.1163/26662531-01001034","url":null,"abstract":"","PeriodicalId":420790,"journal":{"name":"Yearbook of International Disaster Law","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126795038","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}