The Establishment of International Humanitarian Assistance Norm in the Field of Natural Disasters
Date Issued
2014
Date
2014
Author(s)
Shiu, Huei-Ying
Abstract
Natural disasters are devastating and affect multiple countries. The Indian Ocean Tsunami occurred on December 24, 2004 killing 165,708 people and affected 532,898 people. Its affect extended to twelve countries in South Asia and East Africa. After the Indian Ocean Tsunami, the international law scholars and practitioners begin to reflect the role of international law in the event of natural disasters. Frustration mounts over relief effort after the Japanese Tohoku earthquake in 2011 and the Nepal earthquake in 2015 further deepen the concern for the development of international norms applicable in the field of natural disasters. This dissertation discusses the possibility and desirability of the establishment of international humanitarian assistance norms in the field of natural disasters. It analyzes how the current multilateral protection of persons in the event of disasters has limitations. It also provides reasons for the global community to initiate a Framework Convention on International Humanitarian Assistance in Natural Disasters as a vehicle to enhance disaster resilience and elaborates trends and challenges. The dissertation suggests certain elements of natural disaster relief mechanism should be included under the Framework Convention on International Humanitarian Assistance in Natural Disasters. It argues that Framework Convention on International Humanitarian Assistance in Natural Disasters should be formulated by international community is adequate and necessary based on two perspectives. The first perspective is the growing disaster risks and the corresponding international trends. For example, the EU countries have noticed that there should be cooperation in the field of natural disasters, and the ASEAN countries and the Caribbean countries even develop binding legal framework for enhancing cooperation. The second perspective is the theoretical foundation of the establishment of international humanitarian assistance norms in the field of natural disasters. It argues that strengthening global cooperation through Framework Convention on International Humanitarian Assistance in Natural Disasters to enhance natural disaster resilience have sound foundations based on human development and human rights. International humanitarian assistance norms in the field of natural disasters is an emerging issue for the international legal academy to further explore. The way of shaping International humanitarian assistance norms still needs much discussion and debate. Since current multilateral protection of persons in the event of disasters have their limitations, it is a good time to consider the desirability and importance of global cooperation and to recognize the possibility of having global natural disaster relief mechanisms. This dissertation is of the view that a proper risk management for natural disaster will enhance human development in the long run and attain the goal of sustainable development for the international community.
Subjects
humanitarian assistance
natural disaster
international humanitarian law
international environmental law
international human rights law
Type
thesis
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