DONG-A LAW REVIEW 2023 KCI Impact Factor : 0.65
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pISSN : 1225-3405 / eISSN : 2713-5470
- https://journal.kci.go.kr/dongalaw
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A Study on the Role of International Law on International Disaster Response
- DONG-A LAW REVIEW
- 2011, (53), pp.753-779
- Publisher : The Institute for Legal Studies Dong-A University
- Research Area : Social Science > Law
김성원 1
1원광대학교
Accredited
ABSTRACT
The tsunami in Tohoku caused by the massive earthquake on 11 March 2011 generated an unprecedented challenge for Japan and the international community at large. Considering devastating impact of natural disasters on the international community, serious efforts should be made by the international community for minimizing damages of natural disaster, protecting affected countries and individuals, and rebuilding societies destructed by natural disasters.
As basic legal norms of international society, international law has been developed to solve various problems exposing threats to international society. In order to solve difficult problems resulted by natural and man-made disasters, a positive role of international law on disaster management would be definitely needed to establish a robust global disaster response governance mechanism. Compared with other fields of international law, such as humanitarian international law, international law on public health and international law on industrial accidents, international disaster response law would not seem to be on the path of progressive development. Various reasons would be suggested for less development of international disaster response law. However, among other things, attitudes of States toward natural disasters, which regard the nature of natural disasters as episodic, short-lived events requesting just assistance based on humanity, would be main obstacle to the development of international disaster response law.
In this article, I have tried to look into the role of international law on disaster response in three parts. First, I explore attitudes of States toward natural disaster. This analysis is contributed to suggesting new thoughts on international disaster response which States should pay due attention to. Second, reviewing historical overview of IGOs and NGOs on disaster response, I tried to suggest which role of international law would be expected for the development of international disaster response law and establishment of global disaster response governance mechanism. Lastly, I tried to point out what kind of new thoughts would be needed for establishing comprehensive international disaster response law, which is based on the people-centric perspective on international law. I tried to strike balance between sovereignty of States and interests of individuals on matters concerning international disaster response by incorporating human security ideas into thoughts on international disaster response law. Without solving problems concerning sovereignty of States on international disaster response, the future of international disaster response law would be repeated in the name of Sisyphean humanitarianism.
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