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Article
Publication date: 6 November 2017

Marie Aronsson-Storrier and Karen da Costa

The purpose of this paper is to explore the role of international law in disaster prevention and management, with a particular focus on the emerging field of international…

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Abstract

Purpose

The purpose of this paper is to explore the role of international law in disaster prevention and management, with a particular focus on the emerging field of international disaster law (IDL), and its relationship with international human rights law. It further introduces the four articles of the special column of this journal issue, dedicated to disasters and international law.

Design/methodology/approach

The analysis is based upon primary sources of legislation and policy, as well as academic literature on disasters and international law.

Findings

Although the field of IDL is in its infancy, the authors argue that this emergent area does have the potential to gain widespread recognition as a distinct field of law, and that this may benefit the wider disaster management community.

Originality/value

The paper introduces key legal features and themes relating to international law and disasters, highlighting their relevance for disaster management. The added value is to widen the discussion on aspects of disasters regulated by international law, thus facilitating the future exchange with other academic subjects and operational fields.

Details

Disaster Prevention and Management, vol. 26 no. 5
Type: Research Article
ISSN: 0965-3562

Keywords

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Article
Publication date: 6 November 2017

Marie Aronsson-Storrier

The purpose of this paper is to link debates around the international law on human rights and disaster management with the evolving debate around the human right to…

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3429

Abstract

Purpose

The purpose of this paper is to link debates around the international law on human rights and disaster management with the evolving debate around the human right to sanitation, in order to explore the extent to which states are obliged to account for sanitation in their disaster management efforts.

Design/methodology/approach

The paper is based on analysis of existing laws and policy relating to human rights, sanitation and disaster management. It further draws upon relevant academic literature.

Findings

The paper concludes that, while limitations exist, states have legal obligations to provide sanitation to persons affected by a disaster. It is further argued that a human rights-based approach to sanitation, if respected, can assist in strengthening disaster management efforts, while focusing on the persons who need it the most.

Research limitations/implications

The analysis in this paper focuses on the obligations of states for people on their territory. Due to space limitations, it does not examine the complex issues relating to enforcement mechanisms available to disaster victims.

Originality/value

This is the first scholarly work directly linking the debates around international human rights law and disaster management, with human rights obligations in relation to sanitation. The clarification of obligation in relation to sanitation can assist in advocacy and planning, as well as in ensuring accountability and responsibility for human rights breaches in the disaster context.

Details

Disaster Prevention and Management, vol. 26 no. 5
Type: Research Article
ISSN: 0965-3562

Keywords

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