Vulnerability and the International Law Commission's Draft Articles on the protection of persons in the event of disasters

Research output: Contribution to journalArticle

Abstract

This article ponders the possibilities existing for legal re-understandings of vulnerability and adopts the International Law Commission’s Draft Articles on the Protection of Persons in the Event of Disasters (2016) as its principal discursive context. Despite some promise and potential, the draft Articles retreated to conservative understandings of disaster-vulnerability and missed an opportunity for a sophisticated formulation. This article argues for disaster law’s engagement with contemporary social science research. The work of critical geographers, historians and anthropologists in political ecology is particularly apposite. By rejecting geophysical outlooks in favour of structuralist understandings of disaster vulnerability, such research facilitates consideration of inter-related histories and the role of economics in producing disaster-vulnerability. This article argues that such perspectives allow for reconsideration of current legal understandings regarding disaster-vulnerability (particularly in relation to international cooperation and risk and reduction) and thereby offer some promise for enriching disaster law’s comprehensiveness and relevance.
LanguageEnglish
Pages573-610
Number of pages38
JournalInternational and Comparative Law Quarterly
Volume68
Issue number3
Early online date18 Jun 2019
DOIs
Publication statusPublished - 31 Jul 2019

Fingerprint

international law
disaster
vulnerability
human being
event
Law
international cooperation
environmental policy
historian
social science
history
economics

Keywords

  • vulnerability
  • disasters
  • International Law Commission
  • political ecology
  • interdisciplinarity

Cite this

@article{4ef5658250594f5cb5d033c122d85b9d,
title = "Vulnerability and the International Law Commission's Draft Articles on the protection of persons in the event of disasters",
abstract = "This article ponders the possibilities existing for legal re-understandings of vulnerability and adopts the International Law Commission’s Draft Articles on the Protection of Persons in the Event of Disasters (2016) as its principal discursive context. Despite some promise and potential, the draft Articles retreated to conservative understandings of disaster-vulnerability and missed an opportunity for a sophisticated formulation. This article argues for disaster law’s engagement with contemporary social science research. The work of critical geographers, historians and anthropologists in political ecology is particularly apposite. By rejecting geophysical outlooks in favour of structuralist understandings of disaster vulnerability, such research facilitates consideration of inter-related histories and the role of economics in producing disaster-vulnerability. This article argues that such perspectives allow for reconsideration of current legal understandings regarding disaster-vulnerability (particularly in relation to international cooperation and risk and reduction) and thereby offer some promise for enriching disaster law’s comprehensiveness and relevance.",
keywords = "vulnerability, disasters, International Law Commission, political ecology, interdisciplinarity",
author = "Therese O'Donnell",
year = "2019",
month = "7",
day = "31",
doi = "10.1017/S0020589319000228",
language = "English",
volume = "68",
pages = "573--610",
journal = "International and Comparative Law Quarterly",
issn = "0020-5893",
number = "3",

}

TY - JOUR

T1 - Vulnerability and the International Law Commission's Draft Articles on the protection of persons in the event of disasters

AU - O'Donnell, Therese

PY - 2019/7/31

Y1 - 2019/7/31

N2 - This article ponders the possibilities existing for legal re-understandings of vulnerability and adopts the International Law Commission’s Draft Articles on the Protection of Persons in the Event of Disasters (2016) as its principal discursive context. Despite some promise and potential, the draft Articles retreated to conservative understandings of disaster-vulnerability and missed an opportunity for a sophisticated formulation. This article argues for disaster law’s engagement with contemporary social science research. The work of critical geographers, historians and anthropologists in political ecology is particularly apposite. By rejecting geophysical outlooks in favour of structuralist understandings of disaster vulnerability, such research facilitates consideration of inter-related histories and the role of economics in producing disaster-vulnerability. This article argues that such perspectives allow for reconsideration of current legal understandings regarding disaster-vulnerability (particularly in relation to international cooperation and risk and reduction) and thereby offer some promise for enriching disaster law’s comprehensiveness and relevance.

AB - This article ponders the possibilities existing for legal re-understandings of vulnerability and adopts the International Law Commission’s Draft Articles on the Protection of Persons in the Event of Disasters (2016) as its principal discursive context. Despite some promise and potential, the draft Articles retreated to conservative understandings of disaster-vulnerability and missed an opportunity for a sophisticated formulation. This article argues for disaster law’s engagement with contemporary social science research. The work of critical geographers, historians and anthropologists in political ecology is particularly apposite. By rejecting geophysical outlooks in favour of structuralist understandings of disaster vulnerability, such research facilitates consideration of inter-related histories and the role of economics in producing disaster-vulnerability. This article argues that such perspectives allow for reconsideration of current legal understandings regarding disaster-vulnerability (particularly in relation to international cooperation and risk and reduction) and thereby offer some promise for enriching disaster law’s comprehensiveness and relevance.

KW - vulnerability

KW - disasters

KW - International Law Commission

KW - political ecology

KW - interdisciplinarity

UR - https://www.cambridge.org/core/journals/international-and-comparative-law-quarterly

U2 - 10.1017/S0020589319000228

DO - 10.1017/S0020589319000228

M3 - Article

VL - 68

SP - 573

EP - 610

JO - International and Comparative Law Quarterly

T2 - International and Comparative Law Quarterly

JF - International and Comparative Law Quarterly

SN - 0020-5893

IS - 3

ER -