The intensity and frequency of natural and human-made disasters are on the rise. The number of affected individuals as well as the economic costs caused by these phenomena call for enhanced international cooperation. However, for decades international law has neglected the topic, with States jealous of their sovereign prerogatives and keen on avoiding any sort of foreign interference. The contribution will look at failed attempts to negotiate a flagship treaty dealing with issues of disaster prevention and response. It will then examine existing disaster law treaties and soft law instruments, dividing them in different categories according to their subject matter, geographical scope of application and legal status. Next, the recent work of the Un International Law Commission on the Protection of persons in the event of disasters will be analyzed, notably its Draft articles on the topic adopted in 2016. Finally, some recent developments within the Un General Assembly will be reviewed, pointing at the possibility that the Draft articles will be used as a basis to negotiate a binding multilateral treaty on disaster-related issues.

La lenta e tortuosa codificazione del diritto internazionale dei disastri

Emanuele Sommario
2022-01-01

Abstract

The intensity and frequency of natural and human-made disasters are on the rise. The number of affected individuals as well as the economic costs caused by these phenomena call for enhanced international cooperation. However, for decades international law has neglected the topic, with States jealous of their sovereign prerogatives and keen on avoiding any sort of foreign interference. The contribution will look at failed attempts to negotiate a flagship treaty dealing with issues of disaster prevention and response. It will then examine existing disaster law treaties and soft law instruments, dividing them in different categories according to their subject matter, geographical scope of application and legal status. Next, the recent work of the Un International Law Commission on the Protection of persons in the event of disasters will be analyzed, notably its Draft articles on the topic adopted in 2016. Finally, some recent developments within the Un General Assembly will be reviewed, pointing at the possibility that the Draft articles will be used as a basis to negotiate a binding multilateral treaty on disaster-related issues.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11382/551071
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