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Analysis of International Legal Framework for Humanitarian Assistance

Gain insight into the existing global legal structures governing humanitarian aid, covering visas, customs, liability issues, and relevant conventions. Explore regional and bilateral agreements, highlighting gaps and challenges in enforcement and recognition. Learn about soft and hard laws affecting international relief efforts.

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Analysis of International Legal Framework for Humanitarian Assistance

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  1. Overview of theinternational legal framework Katrien Beeckman, Ph.D., IDRL Advocacy & Resource Mobilisation Senior Officer

  2. Global Western dominated Regional Self reliance non-western at regional level and national level Bilateral No comprehensive legal regime:International humanitarian assistance Soft Sectoral

  3. International Relief Union1927

  4. 1984 Draft Convention Issues covered: • Visas • Customs • Transport • Quality • Liability Actors covered: • States • IOs • NGOs But GA did not adopt it.

  5. Global Hard Law: mainly sector specific Convention on Oil Pollution (1990) Kyoto Convention (1973) Tampere Convention (1998) Convention on Maritime Traffic (1965) Nuclear Accident Convention (1986) Conventions on UN Privileges and Immunities (1946 & 1947) Chicago Convention, Annex 9 (2004) Framework Convention on Civil Defense (2000) Int. Health Regs (2005)

  6. Global Soft Law Resolutions Measures to Expedite International Relief (1977) GA Resolutions 46/182 (1991) & 57/150 (2002) (INSARAG) Hyogo Framework for Action (2005) Codes & Standards Red Cross/NGO Code of Conduct (1994) Sphere Charter and Minimum Standards (2000) Principles of Good Humanitarian Donorship (2005) Guidelines & Models WCO/OCHA Model Customs Agreement (1996) Oslo Guidelines on the Use of Military and Civil Defense Assets in Disaster Relief (1994, 2006)

  7. 2. Regional Law

  8. 3. Bilateral level • Treaties, MOUs (IOs) • Request and Response • Waive/reduce • visa requirements • Custom restrictions & duties • Mutually waive liability/receiving state indemnifies • Overall costs to assisting State

  9. Gaps in the international framework For binding legal instruments • Few parties • Limited scope(sector specific) • Lack of legal recognition of certain actors • Lack of domestication and uniformity For soft legal instruments • No enforcement mechanism For hard and soft legal instruments 5. & 2. Lack of awareness and application in the field

  10. THANK YOU FOR YOUR PRECIOUS SUPPORT AND INPUT !

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