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PART II - OBLIGATION AND RESPONSIBILITY OF THE AFFECTED STATE BEFORE, DURING AND IN THE AFTERMATH OF A DISASTER

Published online by Cambridge University Press:  11 February 2021

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Summary

Having established what the financial obligations of developed States and emerging economies towards disaster-prone developing States are, the book now changes perspective. This part starts with a vertical perspective, namely, the relationship between the victims of a natural disaster and the affected State, with two major topics in IDL: access to humanitarian assistance and the provision of early warning.

The first chapter deals with the duties of the affected State towards the victims in the emergency relief phase, and partially beyond, of the disaster cycle. Although there are many issues to consider in this phase, this part limits itself mostly to the provision of humanitarian assistance: hence, whether the affected State has an obligation to provide humanitarian assistance and whether its own capacities are exceeded if it has to seek international assistance. However, a brief examination of the issue of internally displaced persons (IDPs) and their rights is also provided.

The second chapter in this part deals with the pre-disastrous event phase of the disaster cycle: namely, the risk-mitigation phase. Unlike Chapter 2, this chapter offers a vertical perspective, and examines whether the affected State has an obligation to provide early warning.

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Publisher: Intersentia
Print publication year: 2020

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