Solidarity, duties to assist and the potential of the ILC draft articles on the protection of persons in the event of disasters

Thérèse O’Donnell

Chapter 14 in Research Handbook on Disasters and International Law, 2024, pp 274-296 from Edward Elgar Publishing

Abstract: This chapter explores notions of solidarity in the international law relating to disaster assistance. Articulations of solidarity and fellowship are regularly propounded when catastrophes occur. However, in addition to being intensely political, disasters are also highly legalised contexts, even when the law is only questionably present or relevant. Therefore, although proclamations of fellowship and solidarity are attractive, their legal manifestation remains elusive and their operationalisation thorny. In exploring these issues, the chapter investigates whether there is much actual evidence of solidarity in international disaster law by reading the 2016 ILC Draft Articles on the Protection of Persons in the Event of Disasters in conjunction with other related international instruments and queries whether there exist, or should exist, a duty to offer assistance.

Keywords: Development Studies; Environment; Law - Academic; Politics and Public Policy (search for similar items in EconPapers)
Date: 2024
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