Saving lives, changing minds. Disaster law International law as a solution? David Fisher, Coordinator IFRC Disaster Law Programme

Saving lives, changing minds. Disaster law International law at the global level?

Saving lives, changing minds. Disaster law Potential of some existing global treaties InstrumentRatificationOpportunity Kyoto and Istanbul Conventions WeakDiscussion about updating text; regional workshops with WCO Bali Trade Facilitation Agreement None yetText does not mention relief, but interest in wide interepretation from WTO Chicago Convention on Civil Aviation HighMentioned in IDRL studies – might be able to energize the ICAO Nuclear Assistance Convention HighLow potential to change text; potential to engage with members Food Assistance Convention LowPotential to increase compliance with GHD approach

Saving lives, changing minds. Disaster law Potential functions of a new treaty  Speed the adoption of national law  Chemical weapons convention: 82 natl laws, 10 years on  Ottwawa Convention: 35 natl laws, 4 years on  Foster more consistent expectations and smoother ops  Establish a mutual approach  Also address problems from sending side  Bolster humanitarian principles and solidarity … rights?  Reduce (often justified) anxiety of receiving state  Address some basic protection issues?

Saving lives, changing minds. Disaster law Potential risks of a new treaty  A bad treaty might  undermine humanitarian principles, rights or other existing law  strike the wrong balance between access and oversight  be too rigid -- encrusting “old thinking”  be too vague  Even a good treaty might  take a long time to negotiate  fail to receive quick ratifications

Saving lives, changing minds. Disaster law International Law Commission  “Draft articles on protection of persons in the event of disasters”  Work started in 2007  Mostly about international assistance  First reading completed in 2014  May be proposed as a draft treaty in 2016 Special Rapporteur Eduardo Valencia- Ospina

Saving lives, changing minds. Disaster law Background on the ILC  Subsidiary organ of the UN General Assembly  Entrusted with the mandate of “codification and progressive development of internatoinal law”  34 experts elected by states based on personal expertise, in personal capacity  Examples of prior work: Diplomatic/consular relations, watercourses, intl criminal court, statelessness, etc.

Saving lives, changing minds. Disaster law Strong points of the ILC’s draft  Emphasis on dignity and humanitarian principles  Reference to non-state actors  Prohibition of “arbitrary withholding” consent to aid when needed  Articulation of a duty to reduce risks

Saving lives, changing minds. Disaster law Missed opportunities in the ILC text  Lack of detail on the “rules of the road”  Failure to acknowledge National Societies  Lack of specificity on protection issues  Lack of acknowledgement of regional arrangements

Saving lives, changing minds. Disaster law Some other problems in the text  Confusion over application in armed conflicts  Confusion as to meaning of impartiality  Failure to distinguish civilian and military  Clarification on offers and acceptance  Cooperation should extend to recovery  Failure to distinguish between humanitarian and risk reduction work  Failure to mention vulnerability and resilience