CYIL Vol. 5, 2014

ANA POLAK PETRIČ CYIL 5 ȍ2014Ȏ cooperation in disasters relief efforts include the UN General Assembly Resolution 46/182 (1992) 11 as well as the establishment and the work of the UN Office for the Coordination of Humanitarian Affairs (OCHA). Today, responsibility for coordination of international response to disasters devolves to the UN Relief Coordinator, who also acts as the Under-Secretary-General for Humanitarian Affairs in charge of the work of OCHA. The role of the UN Secretary-General should not be overlooked, because he plays a major part in humanitarian situations, especially by exercising his mandate of good offices invoked on many occasions of humanitarian need and by repeatedly acknowledging the necessity and desirability of a new legal instrument in the field of expediting international humanitarian assistance. 12 Compared to the bulk of ‘Geneva Law’ of international humanitarian law, which regulates humanitarian assistance in times of armed conflicts, no similar body of law has been widely recognized to alleviate the effects of disasters in peacetime. States have not yet found the political will and consensus to adopt a universal, comprehensive and overarching international legal instrument at the global and multilateral levels that would deal with all key aspects of disaster relief, assistance and the protection of persons in the event of natural disasters. International law is, however, not silent on the topic. It encompasses a number of rules and provisions included in various treaties and conventions, which although they apply to other areas of law, such as human rights law, international humanitarian law, law of internally displaced persons, customs and duties, communications, transport and privileges and immunities, also cover specific aspects of disaster relief. In addition, two global legally binding instruments, notably the Tampere Convention on the Provision of Telecommunication Resources for Disaster Mitigation and Relief Operations 13 and the Framework Convention on Civil Defence Assistance, 14 deal specifically with international disaster relief. Although their provisions can significantly contribute general aspects of humanitarian assistance and disaster relief and those that are country-specific, dealing with assistance to the affected State. For the former, see for example UN GA Res. 2816 (XXVI) on Assistance in cases of natural disaster and other disaster situations (1971), UN GA Res. 43/131 on Humanitarian assistance to victims of natural disasters and similar emergency situations (1988), UN GA Res. 45/100 on Humanitarian assistance to victims of natural disasters and similar emergency situations (1990). 11 UN General Assembly Resolution 46/182 represents a basis for all subsequent UN General Assembly resolutions in this field. Today, UN Member States devote annual attention not only to disaster relief assistance per se , but increasingly also to questions of disaster reduction, preparedness, mitigation and development. Other UN documents include the Hyogo Framework for Action 2005–2015: Building the Resilience of Nations and Communities to Disasters, the Measures to Expedite International Relief and the Guiding Principles on Internal Displacement. 12 See for example, Humanitarian assistance to victims of natural disasters and similar emergency situations, UN Doc A/45/587, paras. 41, 45; Strengthening of the Coordination of Emergency Humanitarian Assistance of the United Nations, UN Doc A/55/82-E/2000/61; New International Humanitarian Order, UN Doc A/40/348 and Add.1.

13 Available at: http://www.itu.int/ITU-D/emergencytelecoms%20/tampere.html. 14 Available at: http://untreaty.un.org/unts/%20144078_158780/16/2/7149.pdf.