CYIL Vol. 5, 2014

ANA POLAK PETRIČ CYIL 5 ȍ2014Ȏ Programme) was launched in the framework of the IFRC. The project mandate, which was most recently renamed to ‘Disaster Law Programme’, is primarily to advocate for the development, improvement and faithful application of international disaster response law, through the identification, compilation and publication of the existing international laws and regulations and the evaluation of their actual effectiveness in humanitarian operations. Within the framework of this programme, the IFRC has undertaken extensive research, collection and analysis of the existing legal documents and other instruments in disaster response; today, it possess a database of more than 600 full-text international and national documents related to disaster relief. 20 The intensive project work resulted in 2007 in the adoption of the Guidelines for the Domestic Facilitation and Regulation of International Disaster Relief and Initial Recovery Assistance (IDRL Guidelines) 21 and subsequently in 2011 of the Model Act for the Facilitation and Regulation of International Disaster Relief and Initial Recovery Assistance. 22 Additionally, within the framework of the UN, recently significant efforts have been invested to present a comprehensive collection of rules dedicated to the field of disaster response. This task was entrusted to the main UN organ dealing with international law, notably the International Law Commission (ILC), which is tasked with the promotion of progressive development and codification of international law. Due to the urgency of the matter and major legal dilemmas arising from it, in 2007, the topic ‘Protection of Persons in the Event of Disasters’ was introduced to the ILC programme of work. Since then and in accordance with the consent of the international community expressed in the UN General Assembly’s Sixth Committee, the ILC has proceeded ambitiously with the preparation of a comprehensive set of draft articles on this topic. Once completed and if agreed by States, these could be presented in the form of an international legal instrument, i.e. a draft convention. For the time being this remains unclear. The purpose and the goal of this exercise are 20 Database is available at: http://www.ifrc.org/en/what-we-do/idrl/about-disaster-law/publication. 21 Available at: http://ocha.unog.ch/drptoolkit/PreparednessTools/IL%20Frameworks/IDRL%20guidelines %20-%20en.pdf. The IDRL Guidelines are based on the existing international laws, treaties and documents and aim to help States strengthen their own national legal, administrative and institutional frameworks for international disaster assistance, especially as regards reducing visa, customs, taxation and other legal barriers to the entry of goods and personnel, ensuring adequate oversight and monitoring of international assistance according to international standards, and establishing procedures and plans in advance to be used for foreign assistance when disasters strike. They are designed as a practical tool aimed at helping States in concrete operational matters of disaster response. 22 Available at: http://www.ifrc.org/en/what-we-do/idrl/model-act-on-idrl. The aim of this new tool is to assist States in incorporating the recommendations of the IDRL Guidelines into their national law. The Model Act includes specific proposals of statutory language that is intended to serve as a reference and example to lawmakers as they develop legislation on disaster relief, tailored to their national circumstances. It can serve as the basis of a stand-alone act or as the basis for amendments and additions to the existing laws addressing various regulatory questions at issue in international relief operations.