This articles analyses the Draft Articles on the protection of persons in the event of disasters adopted by the International Law Commission in 2016, also in light of the recommendation made by the Commission to elaborate a convention on the basis of this project. Such potential outcome would represent a significant novelty in the area of disaster law, characterized by a fragmented legal framework and the lack of a universal flagship treaty. Against this multifaceted background, the Draft Articles provided a systematization of the main legal issues relevant in the so-called disastercycle, thus addressing not only the relief phase, but also preventive measures aimed to address risk reduction. Furthermore, these provisions try to accommodate the different interests of actors involved in a disaster scenario, namely the affected State, external assisting actors and the victims of disasters, with a complex checks and balances approach. Its provisions are indeed accommodated along two main axes: a vertical level, addressing relationships between victims, the affected State and assisting actors, and a horizontal one, related to cooperation among affected States and assisting actors.

Bartolini, G. (2017). Il Progetto di articoli della Commissione del diritto internazionale sulla "Protection of Persons in the Event of Disasters". RIVISTA DI DIRITTO INTERNAZIONALE, 100(3), 677-718.

Il Progetto di articoli della Commissione del diritto internazionale sulla "Protection of Persons in the Event of Disasters"

BARTOLINI, Giulio
2017

Abstract

This articles analyses the Draft Articles on the protection of persons in the event of disasters adopted by the International Law Commission in 2016, also in light of the recommendation made by the Commission to elaborate a convention on the basis of this project. Such potential outcome would represent a significant novelty in the area of disaster law, characterized by a fragmented legal framework and the lack of a universal flagship treaty. Against this multifaceted background, the Draft Articles provided a systematization of the main legal issues relevant in the so-called disastercycle, thus addressing not only the relief phase, but also preventive measures aimed to address risk reduction. Furthermore, these provisions try to accommodate the different interests of actors involved in a disaster scenario, namely the affected State, external assisting actors and the victims of disasters, with a complex checks and balances approach. Its provisions are indeed accommodated along two main axes: a vertical level, addressing relationships between victims, the affected State and assisting actors, and a horizontal one, related to cooperation among affected States and assisting actors.
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11590/324365
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