The international law commission’s position on disaster law

Laws and regulations serve as a foundation for building community resilience. They are essential to reducing existing risks posed by natural hazards, preventing new risks from arising and making people safer.When the international community mobilizes to provide support in the chaos following a major disaster, laws, rules and regulations are not the first things that generally come to mind. Why bother with legalities, one might reasonably ask, when immediate action is needed to save lives The answer to this question is that legal barriers can be as obstructive to effective international relief operations as disasters. The absence of regulation where it is needed can contribute to a response that is uncoordinated, inappropriate and wasteful. Put simply, legal problems mean that disaster affected persons may not receive the right aid at the right time, delivered in the right way.To coup with these challenges and issues, the International Law Commission of UN, in 2016, adopted and submitted to the General Assembly as a part of the Commission’s report covering the work of that session the Draft articles on the protection of persons in the event of disasters.Considering the frequency and severity of natural and human-made disasters and their short-term and long-term damaging impact, and fully aware of the essential needs of persons affected by disasters, and conscious that the rights of those persons must be respected in such circumstances, the draft articles call upon all States, as appropriate, cooperate among themselves, with the United Nations, with the components of the Red Cross and Red Crescent Movement, and with other assisting actors. (Article 7).In this article we will study how the states will cooperate during the disaster time and how the Consent of the affected State to external assistance will be declared based on the article 13 of the draft articles

Keywords:

Disaster Law , International Law Commission , draft article , protecting people , disasters