International Disaster Response Law in Central America and Europe: Developing a More Effective Framework for Central America
| Author | Alyssa M. Rosendahl |
| Position | J.D. Candidate, The University of Iowa College of Law, May 2007 |
| Pages | 706-733 |
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Since 1970, the number of natural disasters occurring in the world has tripled.1 The results of these disasters have been large economic losses and substantial losses of life. In the 1990s alone, over 500,000 people were killed by natural disasters,2 and the number left injured or homeless was even greater. With an average of 196 million people affected by disasters annually,3 the establishment of a legal framework to guide international disaster relief efforts is greatly needed.
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Central America has been plagued by natural disasters. Since the 1970s, Central America has been devastated by over twenty natural disasters.4 For example, Hurricane Mitch struck in 1998 as Central American countries were still recovering from El Nio.
Hurricane Mitch, however, is only one of the natural disasters that has struck Central America in recent years. The heightened vulnerability of Central America underscores the importance of establishing a comprehensive legal framework for disaster response, which this Note refers to as International Disaster Response Law (IDRL).9 Central America is situated between the southern border of Mexico and the northern border of Colombia.10 Bordered by the Pacific Ocean to the west and the Caribbean Sea to the east,11 some geographers consider CentralPage 708 America to be nothing more than a large isthmus.12 It spans between thirty and 350 miles east to west.13 Since Central American nations are situated in the narrowest sections of the region, they must constantly concern themselves with the threat of hurricanes and other oceanic disasters from both the east and the west. Due to this narrowness, when natural disasters hit this region they often cause damage across national borders, simultaneously affecting multiple nations. This vulnerability also raises the concern that a nation recently affected by one national disaster may not have completed, or even begun, recovery efforts before the next natural disaster strikes.
Central America, possibly more than any other region, needs to develop an IDRL framework to facilitate much needed international relief efforts after disasters strike. The concerns raised by the heightened vulnerability of Central America highlight the need to establish more comprehensive IDRL, both within the Central American region as well as between other regions and nations.
This Note first examines the general development of IDRL, including a definition of the term and a discussion of the legal instruments that make up this new and developing area of law. Part III addresses the current state of IDRL law in Central America. Part IV focuses on Europe, comparing and contrasting law established in that region with that established in Central America. Finally, Part V discusses what an ideal IDRL framework might look like and areas that IDRL treaties should address and include.
Humanitarian efforts, like those undertaken in the aftermath of a natural disaster, have long been analyzed under the framework of the law of armed conflict, now known more broadly as international humanitarian law. This type of law regulates military conduct in times of war and provides for humanitarian relief and assistance for war victims.14 Only recently has there been a movement within the international community, initiated largely by the International Federation of Red Cross and Red Crescent Societies, to establish a framework specific to disaster relief actions.
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The existing core of IDRL is made up of "[t]he laws, rules and principles applicable to the access, facilitation, coordination, quality and accountability of international disaster response activities in times of non-conflict related disasters, which includes preparedness for imminent disaster and the conduct of rescue and humanitarian assistance activities."15 The legal instruments that make up IDRL include national and international treaties, resolutions, and agreements. IDRL may also include isolated clauses in other areas of law. However, these clauses often have no significant benefit after a disaster, since such isolated clauses are less likely to be known.16 Also, even in nations where clear laws and rules exist, they may only be well known within the boundaries of that particular nation. Even if such laws are known to other nations, they may be lost or forgotten in the midst of post-disaster recovery actions.17
There are very few multilateral treaties that directly relate or specifically apply to disaster response. Where multilateral treaties are in place, they tend to be specific to certain subjects and do not establish general disaster response principles.18 In the case of bilateral treaties concluded between nations, however, the situation is different. The number of bilateral treaties related to IDRL concerns has been growing since the end of World War II, and the scope of these treaties has evolved to ensure well-regulated multi-national cooperation.19 Unfortunately, these more complex bilateral treaties are found only within Europe.20"Soft law" instruments often focus more on disaster response, provide a more consistent overall approach, and are most helpful when concluded in an international forum.21 Soft law instruments include, among otherPage 710 items, resolutions and declarations by the United Nations (U.N.), the International Federation of Red Cross and Red Crescent Societies, and the World Customs Organisation.22
Where there is a more developed IDRL framework, the guiding legal instruments (multilateral and bilateral agreements and treaties) tend to focus on several key subject areas. The first distinct area focuses on offers of and requests for assistance, representing a central concept to the initiation of disaster response efforts.23 The general consensus is that if a country requests assistance, it should be offered; however, assistance is generally not given without a request and should not be demanded.24
A second key area is coordination and the assignment of responsibility.25 This includes the elements necessary for interaction between nations, mutual assistance in the provision of facilities and equipment, and descriptions of how disaster response actions are planned and implemented.26 Clauses that govern the access and entry of response personnel to the disaster nation or region are also included.27Countries often relax border-crossing formalities and exempt entry requirements for those who can verify that they intend to participate in disaster response efforts.28 Relaxed requirements also generally apply toward the entry of equipment, but specific rules regarding certain items such as airplanes may remain in force.29
The receiving country may also relax customs requirements for relief goods. One well-recognized principle is that countries should admit consignments received as gifts free of import duties, taxes, and import prohibitions or restrictions.30 The status and protection of disaster response personnel is an area that is often included; however, the rulesPage 711 vary widely.31 Few treaties refer to the specific immunities granted to personnel, such as immunity from arrest, detention, and legal processes and exemption from taxes, duties, and other charges.32 In fact, many recent bilateral treaties have failed to include any immunity provisions.33
The final key subject area is agreement on costs. While there is much variation, the assisting nation is typically responsible for general operational costs, while the disaster-affected nation is expected to contribute to the disaster response costs incurred within its territory.34
An IDRL framework that includes these areas is a good start, but further efforts are needed to establish a comprehensive IDRL framework. Current work to establish a legal framework for disaster response seeks to accomplish the following: 1) pull together the various possible sources of IDRL within a nation or region; 2) analyze their effectiveness in dealing with disaster response; and 3) determine what more can be done to facilitate international disaster response efforts by the governments of other nations and non-governmental agencies.35 Recommendations have been made to nations regarding the actions they should take to further develop their law, with an emphasis on...
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