Rsrch Sem: Intl Disaster Relief (LAW-795-005)
Nifosi-Sutton
Meets: 11:00 AM - 12:50 PM (T) - Room 314
Enrolled: 16 / Limit: 17
Notices
There are no notices at this time.
Description
The course will first analyze the definition of disaster put forward by the International Law Commission, the contexts and causes of disasters and the strictly related concept of displacement of populations. We will then look at the normative content of international disaster response law (IDRL) and analyze international instruments on disaster response. We will explore the extent to which other germane bodies of international law such as international human rights law and refugee law are applicable to disaster situations. After sketching out the legal framework of IDRL, we will examine principles informing disaster relief and elucidate rights and obligations of states affected by disasters. We will tackle the question of whether an obligation to seek and/or accept international assistance and a duty to prevent disasters exist under international law. Subsequently, we will examine the responsibility of states vis-à-vis victims of disasters that occurred in foreign countries and determine whether these states have an obligation to provide humanitarian relief. We will critically analyze the concept of the “Responsibility to Protect” and discuss whether the scope of this responsibility should be expanded to cover disaster situations. The analysis of state responsibility vis-à-vis disaster situations will be complemented by a discussion on the role the UN and other international organizations play in disaster-stricken countries. The situation of disaster victims will come under examination, too. We will analyze human rights and international instruments that are relevant to the situation of disaster victims alongside protection needs of disaster victims, and discuss gaps in the protection of disaster victims that flee their home countries. We will pay particular attention to the controversial question of whether a “right to humanitarian assistance” exists under international human rights law; the relevance of the UN Guiding Principles on Internal Displacement; the special protection needs of women and the challenges underlying disaster victims’ protection in the post-disaster phase. The enforcement of disaster victims’ human rights will be examined with reference to the practice of the Constitutional Court of South Africa and the European Court of Human Rights.
Textbooks and Other Materials
The textbook information on this page was provided by the instructor. Students should use this information when considering purchases from the AU Campus Store or other vendors. Students may check to determine if books are currently available for purchase online.
NO BOOKS
First Class Readings
Not available at this time.
Syllabus
Use your MyAU username and password to access the syllabus in the following format(s):
Microsoft Word 2007 (DOCX)