CYIL Vol. 5, 2014

THE EXISTANCE OF THE RIGHT TO HUMANITARIAN ASSISTANCE … to the future codification in this field, they are limited in their application to one specific sector of work and to only a few States parties. In contrast, States are far more willing to conclude legally binding agreements on disaster response at the regional and bilateral levels. Hence the abundance of all-inclusive regional instruments covering international disaster relief. These, among others, include EU instruments on humanitarian assistance 15 and civil protection assistance 16 as well as the ASEAN Agreement on Disaster Management and Emergency Response. 17 As one of the most vulnerable continents to natural disasters, Africa has developed two most advanced and far-reaching legal instruments that directly imply the provision of human rights protection and assistance to the affected population in the event of natural disasters: the African Charter on the Rights and Welfare of the Child 18 and the Kampala Convention for the Protection and Assistance of Internally Displaced Persons in Africa. 19 Another recent phenomenon in disaster response law is the wide and well developed and advanced scope of ‘soft law’ acts. Numerous resolutions, declarations and other documents have been adopted within the framework of the UN and the Red Cross and Red Crescent Movement, proving that States understand the importance of international cooperation and regulation for the effectiveness of international disaster assistance . Though lacking legally binding character, they represent a high level of authority. They were endorsed by a great majority or even the consensus of States, and they aim to collect, in a comprehensive manner, all aspects of disaster relief, from the principles, rights and duties of relevant actors, operational matters, to the best practices and the rules of customary international law. In the absence of a universally binding multilateral treaty in this field, many successful attempts by various academic institutions and relevant international bodies were made to systemize, collect and develop standards, rules and practices in international disaster relief. In the past the most relevant examples are: the Draft Model Agreement Concerning Humanitarian Relief Operations (1980) by the International Law Association; the Model Rules for Disaster Relief Operations (1982) by the UN Institute for Training and Research; the Draft International Guidelines for Humanitarian Assistance Operations (1990) by the Max Planck Institute for Comparative Public Law an International Law; and the Guiding Principles on the Right to Humanitarian Assistance (1993) by the International Institute of Humanitarian Law. With the same aim and based on the need to form a comprehensive and usable set of disaster response rules, the International Disaster Response Laws, Rules and Principles Programme (IDRL 15 See, Articles 21 and 214 of the Consolidated Version of the Treaty on the Functioning of the EU (TFEU), Council Regulation (EC) No. 1257/96 of 20 June 1996 concerning humanitarian aid. 16 See, Articles 21 and 214 of the Consolidated Version of the Treaty on the Functioning of the EU (TFEU), Council Regulation (EC) No. 1257/96 of 20 June 1996 concerning humanitarian aid. “Instrument.“ 17 Available at: http://www.aseansec.org/%2017579.htm 18 Available at: http://www.africa-union.org/root/au/ Documents/Treaties/treaties.htm. 19 Available at: http://www.internal-displacement.org/kampala-convention.