Legal Preparedness for the Facilitation of International Humanitarian Assistance in the Aftermath of Vanuatu’s Cyclone Pam

2016 ◽  
Vol 8 (1) ◽  
pp. 143-165 ◽  
Author(s):  
REBECCA Barber
Keyword(s):  
International Law ◽  
Disaster Response ◽  
Humanitarian Assistance ◽  
Management Systems ◽  
Roles And Responsibilities ◽  
National Planning ◽  
Planning Processes ◽  
National Governments

AbstractThis paper uses the response to Cyclone Pam in Vanuatu, 2015, as a case-study to review one country’s legal preparedness to manage a large influx of international humanitarian assistance, and the international humanitarian community’s respect for national laws and institutions. It describes provisions in international disaster response law and the developing international law on the protection of persons in the event of disaster regarding the role of the affected state, and juxtaposes this with what happened in the cyclone response—namely, the introduction by international actors of a range of international humanitarian tools and services that were neither described in national legislation nor rehearsed in national planning processes. It concludes by suggesting that national governments and international humanitarian responders advance their efforts to promote the inter-operability of their disaster management systems, and to develop an improved mutual understanding of each other’s roles and responsibilities under international law.

Social capital and livelihood strategies in response after 2013 Kedarnath disaster (India)

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Sakshi Naithani ◽  
Ashis Kumar Saha
Keyword(s):  
Social Capital ◽  
Disaster Response ◽  
Geographical Location ◽  
Secondary Data ◽  
Livelihood Strategies ◽  
Content Type ◽  
Detection Analysis ◽  
Post Disaster

PurposeThe purpose of this paper is to demonstrate the role of livelihood assets, strategies and local social networks in disaster response and recovery in post-disaster setting of 2013 Kedarnath disaster (India).Design/methodology/approachIt identifies post disaster macro-spaces of Mandakini river valley (India) using change detection analysis and secondary data. Within these macro-spaces, the micro spaces of livelihood and social capital were assessed by selecting two villages for case study.FindingsMost important issues faced by communities were loss of lives, livelihoods and access to relief aid. A shift in economic base of families suffering loss of livelihoods was observed as they switched from pilgrimage-based to skill-based opportunities. Geographical location and isolation play a crucial role in recovery trajectory of villages by influencing the social capital.Research limitations/implicationsThe paper being case study based deals two of the worst-affected villages; livelihood strategies adopted and social network may be influenced by the “victim” status of villages and may not be generalized for each disaster-affected area.Social implicationsBridging and bonding networks were significant in geographically isolated places, while “linkages” were beneficial in bringing new livelihood opportunities. Need to enhance the role of social capital by institutional intervention in form of capacity building was required.Originality/valueThe study suggests focus on human capital-based livelihood diversification programs taking geographical location and disaster context into account.

scholarly journals Domestic Courts and the Paris Agreement's Climate Goals: The Need for a Comparative Approach

2019 ◽  
Vol 9 (1) ◽  
pp. 37-54 ◽  
Author(s):  
Anna-Julia Saiger
Keyword(s):  
Climate Change ◽  
International Law ◽  
Comparative Approach ◽  
Protection Measures ◽  
Domestic Courts ◽  
Functional Understanding ◽  
International Obligations ◽  
International Climate ◽  
National Governments

AbstractDomestic courts enjoy generous attention in international political and legal climate change literature. As a result of the reluctance of national governments to pursue climate protection measures, courts are called on to enforce international climate goals. This article assesses two domestic climate change cases (the Thabametsi Case and the Vienna Airport Case) in the light of Anthea Roberts’ functional understanding of the role of domestic courts in international law. It argues that domestic courts play a pivotal role in linking international obligations of conduct with national obligations of result. This role depends on domestic contexts and, therefore, requires a comparative approach.

Market Making: Internationalisation and Global Water Markets

10.1068/a3426 ◽  
2002 ◽  
Vol 34 (5) ◽  
pp. 791-807 ◽  
Author(s):  
Graham Haughton
Keyword(s):  
Private Sector ◽  
World Bank ◽  
Management Systems ◽  
Community Based ◽  
Market Making ◽  
The World Bank ◽  
The World ◽  
National Governments ◽  
Private Sector Engagement

The author examines the rapidly expanding market for private sector management of water systems. He explores the ways in which markets are being constructed, focusing on the role of international bodies—especially multilateral bodies such as the World Bank—in promoting various forms of private sector engagement. Arguing that market making is not politically neutral, he examines how the World Bank sets out to influence national governments in how they run their water-management systems, in the process highlighting alternative visions for community-based systems.

scholarly journals Notes from the hospital bedside: reflections on researcher roles and responsibilities at the end of life in dementia

2017 ◽  
Vol 18 (3) ◽  
pp. 201-211
Author(s):  
Caroline Margaret Swarbrick ◽  
Elizabeth Sampson ◽  
John Keady
Keyword(s):  
Lived Experience ◽  
End Of Life ◽  
Ethics Committees ◽  
Individual Case ◽  
Content Type ◽  
Roles And Responsibilities ◽  
Informal Carers ◽  
Person With Dementia

Purpose The purpose of this paper is to explore some of the ethical and practical dilemmas faced by an experienced researcher in undertaking research with a person with dementia (whom we have called Amy). Amy died shortly after a period of observation had ended and the family subsequently consented to the data being shared. Design/methodology/approach This individual case study presentation was nested within a larger study conducted in England and Scotland between 2013 and 2014. The overall aim of the main study was to investigate how healthcare professionals and informal carers recognised, assessed and managed pain in patients living with dementia in a range of acute settings. Findings The presented case study of Amy raises three critical reflection points: (i) Researcher providing care, i.e. the place and positioning of compassion in research observation; (ii) What do the stories mean? i.e. the reframing of Amy's words, gestures and behaviours as (end of) life review, potentially highlights unresolved personal conflicts and reflections on loss; and (iii) Communication is embodied, i.e. the need to move beyond the recording of words to represent lived experience and into more multi-sensory methods of data capture. Originality/value Researcher guidance and training about end of life observations in dementia is presently absent in the literature and this case study stimulates debate in a much overlooked area, including the role of ethics committees.

scholarly journals Assessing the Role of Resolutions in the ilc Draft Conclusions on Identification of Customary International Law

2017 ◽  
Vol 14 (2) ◽  
pp. 227-253 ◽  
Author(s):  
Rossana Deplano, PhD
Keyword(s):  
International Law ◽  
International Organizations ◽  
International Court Of Justice ◽  
Customary International Law ◽  
Court Of Justice ◽  
International Court ◽  
State Practice ◽  
International Law Commission

On 30 May 2016, the International Law Commission (‘ilc’) adopted a set of 16 Draft Conclusions providing a methodology on how to identify customary international law. Although largely based on the two elements approach set forth in article 38(1)(b) of the Statute of the International Court of Justice, the ilc study pushes the boundaries of the formal sources of international law beyond the realm of state practice by recognising that the practice of international organizations (‘ios’) as such may be constitutive of custom. This article critically examines the ilc Draft Conclusions concerning the role of ios in the process of custom creation. It examines the concept of resolution adopted by the ilc and assesses the coherence of the interpretive methodology devised by the ilc using the un General Assembly resolutions as a case study. The findings show that the Draft Conclusions fall short of expectation in providing authoritative guidance to scholars and practitioners alike.

scholarly journals The Tallinn Manuals and the Making of the International Law on Cyber Operations

2019 ◽  
Vol 13 (1) ◽  
pp. 67-86
Author(s):  
Papawadee Tanodomdej
Keyword(s):  
International Law ◽  
Use Of Force ◽  
Political Activism ◽  
Customary International Law ◽  
State Practice ◽  
The Right ◽  
International Experts

The Tallinn Manuals (the Manuals) attempted to clarify how to apply existing international law to cyber operations. Though the Manuals are non-binding instruments, the Group of International Experts claimed that they reflected the lex lata applicable to cyber operations. However, this claim is questionable due to the dominating role of a few Western states in the drafting process and the linked neglect of the practice of “affected states” in cyber operations. This article examines the quality of the Manuals’ drafting process and the composition and impartiality of the experts involved. It focuses on the issue of the prohibition of the use of force. The aim of this examination is not to discuss whether the Manuals provided the right answer to the question of how international law applies to cyber operations. Rather, they function as a case study of how legal scholarship may affect the making of international law. The article concludes that certain rules in the Manuals are marked by NATO influence and overlook the practice of other states engaged in cyber operations. Therefore, the Manuals disregard the generality of state practice, which should be the decisive factor in the formation of customary international law. As far as “political activism” may be involved, the article argues that the role of legal scholars as assistants to the cognition of international law could be compromised.

scholarly journals The Role of Cash Transfers in Rebuilding Livelihoods in an Emergency Response: the Typhoon Haiyan Case Study

2018 ◽  
Author(s):  
Nothando Gazi
Keyword(s):  
Disaster Response ◽  
Social Protection ◽  
The Philippines ◽  
Asia Pacific ◽  
Local Market ◽  
Sustainable Livelihood ◽  
High Exposure ◽  
The Impact

The number of climate-related disasters is increasing more than ever before and cash is becoming an increasingly important tool to deliver assistance during a disaster response due to its flexibility and ability to cut across sectors, amongst other benefits. This research seeks to explore the role of cash in linking the relief phase to the long-term recovery through the promotion of sustainable livelihoods, by focusing on Typhoon Haiyan (known locally as Yolanda) as a case study. The Philippines has high exposure and vulnerability to climate-related disasters, however, it boasts of one of the most advanced social protection systems in the East Asia Pacific region (Bowen, 2015). In order to reach the research objectives, the research methodology employed involves a review of related literature, a field-based evaluation involving interviewing humanitarian practitioners and the adoption of DFID’s Sustainable Livelihood Framework (1999) as a framework of analysis. The results show that cash-based livelihood programming plays a vital role in leading the transition from relief to recovery due to the Value for Money (VfM) it delivers, role in strengthening local market and supply chains and the positive economic multiplier effects that benefit the wider community. Most interventions focus on asset creation, however, investment should be made into disaster risk reduction to reduce vulnerabilities that worsen the impact of shocks on poor households. Also, to enhance the benefits resulting from cash programming, supporting activities should be used in parallel with cash provision. Cash-for-training and livelihood start-up grants can empower women by increasing their human capital and introducing them to the formal economy. More work is required to transform the structures and policies that disadvantage women through patriarchal power systems.

Social work post-disaster response in Iran: A case study of the 2019 mass flooding in Poldokhtar, Lorestan

2021 ◽  
pp. 002087282110187
Author(s):  
Masoomeh Maarefvand ◽  
Maziyar Ghiabi ◽  
Fatemeh Nourshargh
Keyword(s):  
Social Work ◽  
Social Workers ◽  
Disaster Response ◽  
Psychosocial Support ◽  
Outreach Services ◽  
New Material ◽  
Community Volunteers ◽  
Post Disaster

Flash-flooding affected Iran in March 2019 causing the displacement of thousands of people. Social workers established a Child Friendly Space (CFS) and applied comprehensive case management to provide psychosocial support for people who were affected by flooding (PWAF) (n = 565) in a community in Poldokhtar, covering a period of 3 months. Outreach services, involving community-volunteers, providing counseling, establishing CFS, training PWAF for reducing violence, and preventing child abuse were essential social work post-disaster interventions to support vulnerable populations. The article reflects upon the often-neglected role of social workers in post-disaster settings, and brings new material for discussion from the unexplored field of Iranian social workers.

Developing the role of emergency physicians in humanitarian assistance and disaster response

2010 ◽  
Vol 27 (Suppl 1) ◽  
pp. A7.3-A8
Author(s):  
Najeeb Rahman
Keyword(s):  
Emergency Medicine ◽  
Disaster Response ◽  
Ad Hoc ◽  
Skills Training ◽  
Humanitarian Assistance ◽  
Emergency Physicians ◽  
Medical Response ◽  
Health Response ◽  
Response Team

ObjectiveTo review and summarise information from Reliefweb (information website hosted by the Office for the Coordination of Humanitarian Affairs) regarding medical response during the first 2 weeks following Pakistan Earthquake of 2005, and the Haiti Earthquake of 2010. This information, used in conjunction with personal experiences, will demonstrate the value that emergency physicians can contribute as part of a disaster response team during humanitarian aid efforts.MethodsAll situation reports authored by the WHO (who have lead responsibility in coordinating the health response during a disaster) which were published on Reliefweb during the first 2 weeks following the relevant earthquakes were selected. These reports were screened for information relating to numbers of deaths, injuries and illness, as well as number of non-governmental organisations (NGOs)/aid groups participating in efforts, in addition to operational health facilities and capacities.ResultsSummary of the reports demonstrate the rapid increase in patient numbers and NGO participation, as well as the challenges of coordination, communication, resourcing and planning, in addition to appropriate patient management. These findings help to outline the skills required to participate and respond to such crises, many of which constitute part of emergency medicine practice.ConclusionVolunteer participation by doctors during the first few weeks following such disasters continues. However, such participation occurs in an ad-hoc fashion, with many working through a variety of NGOs, but without appropriate coordination and relevant basic training.The College of Emergency Medicine is well placed to support such efforts. This could initially be done by establishing a working group under the auspices of the College, whose role would be support the skills training of doctors wishing to volunteer, as well as work with other associations, colleges, NGOs and Government, so as to better respond to such disasters in the future, with a consolidated role for emergency physicians.

The Role of Law in Counter-hegemonic Globalization and Global Legal Pluralism: Lessons from the Narmada Valley Struggle in India

2005 ◽  
Vol 18 (3) ◽  
pp. 345-387 ◽  
Author(s):  
BALAKRISHNAN RAJAGOPAL
Keyword(s):  
Human Rights ◽  
International Relations ◽  
Social Movement ◽  
International Law ◽  
Legal Pluralism ◽  
Multiple Levels ◽  
Normative Order ◽  
The Relationship

The multiplication of legal orders is characteristic of what one could call an age of globalization and counter-hegemonic globalization. In this age, the relationship between international law and other normative orders is increasingly important. The dominant disciplinary frameworks that provide explanations of such a relationship are focused on compliance with and/or the effectiveness of international norms in domestic legal orders and are derived from international relations. In this article, I examine the limits and possibilities of such approaches through a case study of the use of law (at multiple levels) by one of India's most prominent social movements, the Narmada Bachao Andolan (Save the Narmada). The article argues that the use of law by a social movement is a concrete instance of counter-hegemonic globalization in which international law is one of many different legal orders, a situation of global legal pluralism, in which it is impossible to tell in advance which normative order will best advance cosmopolitan goals such as human rights.

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