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The Earthquake in Haiti: Law and Legal Issues in International Disaster Response

https://doi.org/10.24833/0869-0049-2010-4-155-175

Abstract

The catastrophic earthquake that devastated Haiti on January 12, 2010, drew aid from many countries and international organizations. However, despite rapid response of the world community, the large-scale relief operations were confronted by legal problems related to restrictions on entering the territory of Haiti and deployment of humanitarian efforts in that country by different international organizations, as well as by lack of a comprehensive body of codified international legal norms, enabling aid to be provided promptly and efficiently.
The article offers a review of international legal and other sources, applicable to regulation of provision of international aid to a country struck by a natural disaster, and provides examples when aid was admitted with consent of an affected country. It further discusses the threshold of the magnitude of a disaster in its relation to the scale and modalities of international response action. As a case-study, the article describes legal aspects of participation in Haiti earthquake response actions of Russian Emergency Ministry’s rescue teams and of elements US Armed Forces.

About the Author

A. A. Ilyushchenko
National Center for Crisis Management
Russian Federation

Aleksandr A. Ilyushchenko - post-graduate student of the Chair of International Law, Diplomatic Academy MFA Russia;

assistant to the director



References

1. Захарова Н.В. Двусторонние договоры о дружбе, сотрудничестве и взаимной помощи социалистических государств // Советское государство и право – М., 1962. – №2.

2. Ebersole J. The Mohonk Criteria for Humanitarian Assistance / Human Rights Quarterly. Vol. 17, 1995.

3. Fisher, David. Law and Legal Issues in International Disaster response: A Desk Study / IFRC, 2007.


Review

For citations:


Ilyushchenko A.A. The Earthquake in Haiti: Law and Legal Issues in International Disaster Response. Moscow Journal of International Law. 2010;(4):155-175. (In Russ.) https://doi.org/10.24833/0869-0049-2010-4-155-175

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ISSN 0869-0049 (Print)
ISSN 2619-0893 (Online)