Gabriella Venturini

Andrea de Guttry

Marco Gestri

With a Foreword by Kristalina Georgieva, European Commissioner for International Cooperation, Humanitarian Aid and Crisis Response Over the last decades natural and man-made disasters have been increasing in terms of frequency, size, number of people affected and material damage caused. There is growing awareness of the importance of adequate national and international legal frameworks for disaster prevention, mitigation and response. The implementation of these frameworks, however, poses serious challenges. This book analyses International Disaster Response Law as developed in recent times and identifies the main existing normative gaps. The authors address the rights and duties of States in preventing and mitigating disasters, in facilitating access to their territory for humanitarian relief actors, as well as issues related to liability and compensation. Due attention is paid to European Union law governing disaster response (and to its reform in the light of the Lisbon Treaty) and to the main trends in domestic legislation. Human rights obligations are thoroughly examined and the potential relevance of international criminal law is assessed. Additional topics such as the status of relief personnel, the hindrances to the delivery of relief consignments by customs and excise administration, the use of civilian and military defence assets in emergency situations, the mechanisms and procedures available to offer financial support for recovery and rehabilitation, risk insurance, and the issue of corruption during disaster-related activities are specifically addressed. By drawing on the expertise of lawyers, political scientists, economists and humanitarian practitioners, the book promotes much-needed interdisciplinary dialog and sheds light on a largely uncharted field of research. It is therefore essential reading for academics and practitioners in international and EU law, policy makers, civil protection and humanitarian operators and for anyone interested in exploring the legal facets of the international community’s response to large-scale calamitous events. Over the last decades natural and man-made disasters have been increasing in terms of frequency, size, number of people affected and material damage caused. There is growing awareness of the importance of adequate national and international legal frameworks for disaster prevention, mitigation and response. The implementation of these frameworks, however, poses serious challenges. This book analyses International Disaster Response Law as developed in recent times and identifies the main existing normative gaps. The authors address the rights and duties of States in preventing and mitigating disasters, in facilitating access to their territory for humanitarian relief actors, as well as issues related to liability and compensation. Due attention is paid to European Union law governing disaster response (and to its reform in the light of the Lisbon Treaty) and to the main trends in domestic legislation. Human rights obligations are thoroughly examined and the potential relevance of international criminal law is assessed. Additional topics such as the status of relief personnel, the hindrances to the delivery of relief consignments by customs and excise administration, the use of civilian and military defence assets in emergency situations, the mechanisms and procedures available to offer financial support for recovery and rehabilitation, risk insurance, and the issue of corruption during disaster-related activities are specifically addressed. By drawing on the expertise of lawyers, political scientists, economists and humanitarian practitioners, the book promotes much-needed interdisciplinary dialog and sheds light on a largely uncharted field of research. It is therefore essential reading for academics and practitioners in international and EU law, policy makers, civil protection and humanitarian operators and for anyone interested in exploring the legal facets of the international community’s response to large-scale calamitous events.

International Disaster Response Law

Andrea De Guttry

Harry H. G. Post

This book centres on the war that raged between Eritrea and Ethiopia from 1998 to 2000, a war that caused great loss of life and tremendous devastation. It analyses the war in great detail from an international legal perspective: the nature and the state of the boundary conflict preceding the actual armed conflict, the military actions themselves, the role of the UN peace-keeping mission, the responsibility for the multitude of explosive remnants of the war left behind. Ample attention is paid to the decisions of the Eritrea-Ethiopia Claims Commission and the Eritrea-Ethiopia Boundary Commission. This study is not limited to the war and the period immediately following it, it also examines its more extended aftermath prolonging the analysis as far as the more recent improvement in the relations between Eritrea and Ethiopia, away from a situation of no war, no peace that prevailed after the armed conflict ended. The analysis of the war and its aftermath is not only in terms of international legal issues, it has been placed in a wider than strictly legal perspective. The book is a valuable work for academics and practitioners in international law, human rights and humanitarian law in particular, for political scientists, diplomats, civil servants, historians, and all those others seriously interested in the Horn of Africa. Andrea de Guttry is Full Professor of Public International Law at the Scuola Superiore Sant'Anna in Pisa, Italy. Harry H.G. Post is Adjunct Professor in the Faculté Libre de Droit of the Université Catholique de Lille in Lille, France. Gabriella Venturini is Professor Emerita in the Dipartimento di Studi internazionali, giuridici e storico-politici of the Università degli Studi di Milano in Milan, Italy.

Gabriella Venturini

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