Reflections on International Law Relating to Responding to Disasters
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Reflections on International Law Relating to Responding to Disasters
Prof. David Hunter*
Contents
Ⅰ. Scale of natural disasters:
Ⅱ. The Responsibility to Protect under International Humanitarian Law
Ⅲ. Human Rights Restrictions on Discriminatory Disaster Response
Ⅳ. Obligations of Notification, Consultation and Consent in Disaster Response
Ⅴ. State Responsibility for Transboundary Environmental Harm
Ⅵ. A Brief Comment on Liability for Disasters in the United States
【ABSTRACT】
Please let me start by thanking Professor Byungchun So and the Korean Environmental Law Association for this invitation to speak at this, your 108th Conference. The Korean Environmental Law Association is recognized throughout the world as a leading promoter of environmental law.
I am going to speak on the international law relating to the management of environmental damages from natural disasters, with a particular emphasis on post-management issues arising after the disaster occurs. I will end with a few words on the US law.
Ⅰ. Scale of natural disasters:
First, let me say a few words about the global scale of natural disasters. Within the past decade or so, the world has seen a tremendous number of huge and significant disasters, particularly I would say in the East Asia and South Asia regions.
○ We have just recognized the one-year anniversary of the 2011 Japan earthquake and tsunami that killed nearly 20, 000 people and destroyed the Fukushima nuclear power plant;
○ In 2008, tropical cyclone Nargis caused 140, 000 deaths in Myanmar;
○ Also in 2008 the earthquake in china killed 88, 000, injuring more than 365, 000;
○ Of course, in my country New Orleans has yet to recover from the 2005 Hurricane Katrina that reportedly resulted in $81 billion in property damages (although it killed less than 2000.
○ The December 24, 2004 Indian Ocean tsunami killed nearly 240,000 people in Indonesia, Thailand and ten other countries from South Asia and East Africa.
Between 1975 and 2008, the International Emergency Disasters Database chronicled 88, 000 reported disasters with 2.2. million deaths and $1.5 trillion dollars. Of those, 23 were considered mega-disasters killing 1.786,000 people (nearly 75% of the total) mainly in developing countries
The number of natural disasters may not be rising significantly, but what is definitely increasing is the impacts from disasters. The impacts have risen due to a combination of growing populations, particularly in coastal regions, strains on aging infrastructure, poor urban planning and widespread urban poverty,
Prof. David Hunter*
Contents
Ⅰ. Scale of natural disasters:
Ⅱ. The Responsibility to Protect under International Humanitarian Law
Ⅲ. Human Rights Restrictions on Discriminatory Disaster Response
Ⅳ. Obligations of Notification, Consultation and Consent in Disaster Response
Ⅴ. State Responsibility for Transboundary Environmental Harm
Ⅵ. A Brief Comment on Liability for Disasters in the United States
【ABSTRACT】
Please let me start by thanking Professor Byungchun So and the Korean Environmental Law Association for this invitation to speak at this, your 108th Conference. The Korean Environmental Law Association is recognized throughout the world as a leading promoter of environmental law.
I am going to speak on the international law relating to the management of environmental damages from natural disasters, with a particular emphasis on post-management issues arising after the disaster occurs. I will end with a few words on the US law.
Ⅰ. Scale of natural disasters:
First, let me say a few words about the global scale of natural disasters. Within the past decade or so, the world has seen a tremendous number of huge and significant disasters, particularly I would say in the East Asia and South Asia regions.
○ We have just recognized the one-year anniversary of the 2011 Japan earthquake and tsunami that killed nearly 20, 000 people and destroyed the Fukushima nuclear power plant;
○ In 2008, tropical cyclone Nargis caused 140, 000 deaths in Myanmar;
○ Also in 2008 the earthquake in china killed 88, 000, injuring more than 365, 000;
○ Of course, in my country New Orleans has yet to recover from the 2005 Hurricane Katrina that reportedly resulted in $81 billion in property damages (although it killed less than 2000.
○ The December 24, 2004 Indian Ocean tsunami killed nearly 240,000 people in Indonesia, Thailand and ten other countries from South Asia and East Africa.
Between 1975 and 2008, the International Emergency Disasters Database chronicled 88, 000 reported disasters with 2.2. million deaths and $1.5 trillion dollars. Of those, 23 were considered mega-disasters killing 1.786,000 people (nearly 75% of the total) mainly in developing countries
The number of natural disasters may not be rising significantly, but what is definitely increasing is the impacts from disasters. The impacts have risen due to a combination of growing populations, particularly in coastal regions, strains on aging infrastructure, poor urban planning and widespread urban poverty,
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