A duty of solidarity? the International Law Commission’s draft articles and the right to offer assistance in disasters

Therese O'Donnell, Craig Allan

Research output: Chapter in Book/Report/Conference proceedingChapter

1 Citation (Scopus)
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Abstract

International solidarity is proclaimed as a key value of the international community. Natural disasters offer the perfect context for its demonstration. Oftentimes international actors readily offer aid and assistance but the governing legal framework remains uncertain. Thus, the current ILC drafting project presents a welcome opportunity to codify and concretise matters. This chapter analyses the ILC draft Article concerning external actors’ rights to offer assistance to disaster-stricken states. If the project’s focus is the protection of stricken populations, does this ‘right’ suggest or encourage the possibility of a duty to offer assistance when natural disasters strike? An alternative reading challenges any such duty. This chapter analyses the ‘right to offer’ in its own terms, and in the context of the other draft Articles, and considers whether the draft provision materialises international solidarity.
Original languageEnglish
Title of host publicationResearch Handbook on Disasters and International Law
EditorsSusan C. Breau, Katja L.H. Samuel
Place of PublicationCheltenham
Publication statusPublished - 30 Sep 2016

Publication series

NameResearch Handbook on International Law
PublisherEdward Elgar

Keywords

  • solidarity
  • natural disasters
  • co-operation
  • sovereignty

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