Marlies Hesselman and Lottie Lane
The purpose of this paper is to examine the roles and responsibilities of non-state actors (NSAs) in contributing to disaster governance from an international human rights law…
Abstract
Purpose
The purpose of this paper is to examine the roles and responsibilities of non-state actors (NSAs) in contributing to disaster governance from an international human rights law (IHRL) perspective. In particular, it examines how non-governmental organizations (NGOs) and business enterprises are implicated.
Design/methodology/approach
The paper analyzes a range of IHRL instruments, particularly treaties and international soft-law documents, and it utilizes the concepts “human rights-based approaches” (HRBAs) and “direct”/“indirect” human rights obligations to frame and understand how IHRL responsibilities for NSAs arise from these instruments.
Findings
IHRL not only includes relevant standards for NSAs in the area of disaster management, but NGOs and businesses also actively engage with IHRL and HRBAs by means of (soft) self-regulatory instruments to further clarify their responsibilities.
Research limitations/implications
The findings are of interest to all actors involved in disaster governance, and are instructive for NGOs and businesses seeking to improve the design of disaster management activity. The research addresses only the responsibility of NGOs and private companies, but the framework of analysis set out is equally of interest to other actors’ activities.
Originality/value
The implications of IHRL for NSAs involved in disaster management are still poorly understood, despite their vast engagement. This study contributes by clarifying the roles and IHRL responsibilities of NGOs and businesses specifically, and articulates how applications of HRBAs may improve the protection of persons.
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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…
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.