Solidarity and the potential of the ILC Draft Articles on the Protection of Persons in the Event of Disasters

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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.
Original languageEnglish
Title of host publicationResearch Handbook on Disasters and International Law
EditorsMarie Aronsson-Storrier, Susan C. Breau
Place of PublicationCheltenham
Chapter14
Pages274-296
Number of pages23
Edition2nd
ISBN (Electronic)9781803924212
DOIs
Publication statusPublished - 27 Sept 2024

Keywords

  • international law
  • disaster assistance
  • solidarity

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