DILAW4EU Newsletter - #2, December 2021

Editorial by the Project Coordinator

Dear reader,

it is my pleasure to introduce the last newsletter of the Jean Monnet Project ‘Disseminating Disaster Law for Europe’ (DILAW4E). The newsletter highlights main legal and institutional developments in this area, and activities carried out by the Jean Monnet Project. 

Unfortunately, the Covid-19 pandemic has emphasized how the legal and institutional challenges related to international disaster law are not limited to academic debates, having played a crucial role in the response to the current health emergency. During the 2 years of activities of the Jean Monnet Project, the pandemic also largely affected the management of planned events. Regardless of multiple challenges, including the need to largely shift from in-presence events to remote ones, we have been able to adapt to circumstances in order to deliver a significant number of activities, workshops and webinars with the involvement of dozens of experts from the academia, international organisations, humanitarian agencies and national institutions which have been able to attract hundreds of participants. Furthermore, we are particularly proud to have created and launched the Disaster Law Database in cooperation with the International Federation of Red Cross and Red Crescent Societies, Disaster Law Programme. 

Such achievements have been possible through the fruitful cooperation with other partners of the DILAW4E Project, namely University College Cork, the University of Groningen, the IFRC and the Italian Red Cross. A special thank goes to a series of colleagues for their interest in contributing to this Project, in particular to Dug Cubie, Marlies Hesselman, Eleonora Branca, Carlo de Stefano and Laura di Gianfrancesco.

Hopefully, this Project has been able to generate some interest on such critical issues in students, civil society representatives and governmental authorities, permitting to foster their awareness and concern on the potential relevance of legal issues in disaster settings for involved communities. Feel free to continue to contact us for future activities in this area.

I hope you enjoy this Newsletter!

Warm regards,

Giulio Bartolini

Associate professor of international law

Department of Law, Roma Tre University

DILAW4E Jean Monnet Project Coordinator

 

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Index

1. DEVELOPMENTS IN DISASTER LAW AND POLICIES

• 1.1 Universal Level

• 1.2 European Level

• 1.3 Other Regional Levels 

2. NEWS AND EVENTS

3. DISASTER LAW PUBLICATIONS

• 3.1 Books

• 3.2 Articles in Journals and Collected Volumes

• 3.3 Posts

4. ACTIVITIES of the DILAW4EU Jean Monnet Project

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1. DEVELOPMENTS IN DISASTER LAW AND POLICIES

• 1.1 Universal Level

Adoption by the UN General Assembly of Resolution 75/216 on Disaster Risk Reduction

On 21 December 2020, the General Assembly (GA) adopted its yearly Resolution on Disaster Risk Reduction (DRR). In the document, the GA urges States to conduct inclusive and multi-hazard disaster risk assessments that consider the ramifications of the Covid-19 pandemic as well as climate change projections. The Resolution has the merit of using the coronavirus emergency to bring to the …

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The discussion within the Sixth Committee of the UN General Assembly on the 2016 ILC Draft Articles on the Protection of Persons in the Event of Disasters

In 2016, at its seventy-first session, the General Assembly (GA) decided to include in the provisional agenda of its seventy-third session an item entitled ‘Protection of persons in the event of disasters’ and it invited governments to submit comments concerning the recommendation by the International Law Commission (ILC) to elaborate a convention on the basis of the Draft Articles on …

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UN Security Council Adopted Resolution  25321(2020) on the Covid-19 Pandemic

On 1 July 2020, the UN Security Council (SC) unanimously adopted Resolution 2532 (2020) on the effects of the Covid-19 pandemic across the world and its impact on international peace and security. The adoption of the Resolution was preceded by intense activity on the topic by other UN organs. On 30 January 2020, the covid-19 outbreak was declared a ‘public …

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• 1.2 European Level

EU Actions towards Building a European Health Union

At the end of 2020, taking stock of some lessons learned during the initial stage of the pandemic, the European Commission launched a package of initiatives aimed at paving the way for the establishment of a a stronger cooperation platform giving the European Union the proper instruments to prevent, prepare for and manage health crises both at the EU and …

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The EU Joint European Roadmap towards Lifting COVID-19 Containment Measures

In April 2020, the President of the European Council and the President of the European Commission adopted the Joint European Roadmap towards lifting covid-19 containment measures, as a response to the European Council Members’ call for a coordinated exit strategy from containment measures that will prepare the ground for a recovery plan. The Roadmap sets out recommendations to Member States, …

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• 1.3 Other Regional Levels

The OAS General Assembly Resolution on ‘Advancing Hemispheric Security: A Multidimensional Approach’

On 21 October 2020, the Organization of American States (OAS) General Assembly approved the resolution ‘Advancing Hemispheric Security: A Multidimensional Approach’. Within the framework of the Committee on Hemispheric Security (CSH), the General Assembly encouraged Member States to improve the protection of critical infrastructure against risk and to provide their strategies, policies, best practices, and lessons learned, in order to …

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Disaster Risk Reduction in Africa in 2020

On 23 July 2020, the Africa Working Group on Disaster Risk Reduction - DRR (AWGDRR) held a virtual one-day dialogue. Key deliberations included support for African countries to recover and build-back-better post covid-19 and other disasters affecting the continent in 2020, such as floods, droughts, locust invasion, and health-related epidemics. The action points resulting from the meeting were: increased support …

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The ASEAN Declaration on the Strengthening of Adaptation to Drought

On 10 November 2020, the ASEAN Declaration on the Strengthening of Adaptation to Drought was adopted. This declaration thereafter was commended at the 37th ASEAN Summit, which was held via video conference under the chairmanship of the Socialist Republic of Viet Nam (Viet Nam) from 11 to 15 November 2020. It shows a paradigm shift towards more adaptive drought risk …

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2. NEWS AND EVENTS

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44th Sanremo Round Table on Current Issues of IHL: "Pandemics, armed conflict and international humanitarian law"

44th Sanremo Round Table on Current Issues of IHL: "Pandemics, armed conflict and international humanitarian law"

In September 2021 (Monday 6, Wednesday 8, Monday 13 and Wednesday 15), the International Institute of Humanitarian Law, in cooperation with the ICRC, organized the 44th Sanremo Round Table on Current Issues of IHL. The event was organized as a webinar series, addressing some of the most topical issues related to the implementation of IHL rules in conflict-affected areas in …

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Upcoming Event: Expert Meeting 'Is International Disaster Law Protecting Us?'

Upcoming Event: Expert Meeting 'Is International Disaster Law Protecting Us?'

On Monday 4 October and Tuesday 5 October 2021, join the Expert Meeting: 'Is International Disaster Law Protecting Us?'.  The Expert Meeting is organized at the occasion of the launch of the call for abstracts for Issue no. 4 (2021) of the Yearbook of International Disaster Law (Brill), in cooperation with the Disaster Law Interest Group of the American Society of …

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The new IFRC Disaster Law Database is online

The new IFRC Disaster Law Database is online

The IFRC, in cooperation with the Jean Monnet Project ‘Disseminating Disaster Law for Europe’ developed and recently published the Disaster Law Database, the world’s largest collection of documents relating to disaster law. The Disaster Law Database was established to bring together in one place the resources needed for practitioners and academics working in the field of disaster law. The materials …

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3. DISASTER LAW PUBLICATIONS

3.1 Books

Zorzi Giustiniani Flavia, International Law in Disaster Scenarios (Springer 2020), pp. 1-209.

3.2 Articles in Journals and Collected Volumes

Abbott Frederick, Reichman Jerome, ‘Facilitating Access to Cross-Border Supplies of Patented Pharmaceuticals: The Case of the COVID-19 Pandemic’, (2020) 23 Journal of International Economic Law, 535.

Abeyratne Ruwantissa, ‘The Coronavirs and Air Transport - Some Implications for Trade and Law’, (2020) 69 German Journal of Air and Space Law 213.

Adinolfi Giovanna, ‘Strengthening Resilience to Disasters through International Trade Law: the Role of WTO Agreements on Trade in Goods’, (2019) 2 Yearbook of International Disaster Law, 3.

Arato Julian, ‘The Perils of Pandemic Exceptionalism’, (2020) 114 American Journal of International Law, 627.

Aronsson-Storrier Marie, ‘Sendai Five Years on: Reflections on the Role of International Law in the Creation and Reduction of Disaster Risk’, (2020) 11 International Journal of Disaster Risk Science, 230.

Aronsson-Storrier Marie, ‘UN Office for Disaster Risk Reduction (2019)’, (2019) 2 Yearbook of International Disaster Law, 377. 

Askary Pouria, ‘The Right to International Solidarity and Humanitarian Assistance in the Era of Covid-19 Pandemic’, (2020) 11 Journal of International Humanitarian Legal Studies, 193.

Bahri Amrita, ‘Women at the Frontline of COVID-19: Can Gender Mainstreaming in Free Trade Agreements Help?’, (2020) Journal of International Economic Law, 563.

Bartolini Giulio, ‘Cultural Heritage and Disasters’, in Francioni Francesco, Vrdoljak Ana Filipa (eds.), The Oxford Handbook of International Cultural Heritage Law Oxford University Press 2020), 145.

Bartolini Giulio, ‘Global Animal Law and Disasters’, (2019) 2 Yearbook of International Disaster Law, 38.

Baxi Upendra, ‘Disasters, Catastrophes and Oblivion: a TWAIL Perspective’, (2019) 2 Yearbook of International Disaster Law, 72.

Coco Antonio, de Souza Dias Talita ‘Prevent, Respond, Cooperate: States’ Due Diligence Duties vis-à-vis the Covid-19 Pandemic’, (2020) 11 Journal of International Humanitarian Legal Studies, 218.

Cubie Dug, ‘Humanitarian Assistance and International Law (2019)’, (2019) 2 Yearbook of International Disaster Law, 483.

Danchin Peter, ‘The Pandemic Paradox in International Law’, (2020) 114 American Journal of International Law 598.

Dixit Pratik, ‘Synergising International Public Health Law and International Disaster Law’, (2020) European Journal of Risk Regulation, 1.

Fidler David, ‘The Covid-19 Pandemic, Geopolitics and International Law’, (2020) 11 Journal of International Humanitarian Legal Studies, 237.

Franciosi Laura Maria, ‘The Effects of COVID-19 on International Contracts: A Comparative Overview’, (2020) 51 Victoria University of Wellington Law Review, 413.

Hopkins John W, ‘Regional Disaster Risk Reduction: Is There a Pacific Way?’, (2020) 27 Canterbury Law Review, 21.

Joost Pauwelyn, ‘Export Restrictions in Times of Pandemic: Options and Limits Under International Trade Agreements’, (2020) 54 Journal of World Trade, 727.

Koch Harald, ‘Disasters and Private International Law: Reasserting Legal Governance beyond the Nation State’, (2019) 2 Yearbook of International Disaster Law, 116.

Murphy Sean, ‘Effects of the COVID-19 Pandemic on the Work of the International Law Commission’, (2020) 114 American Journal of International Law, 726.

Natoli Tommaso, ‘The 33rd International Conference of the Red Cross and Red Crescent (2019)’ (2019) 2 Yearbook of International Disaster Law, 383.

Paddeu Federica, Waibel Michael, ‘The Final Act: Exploring the End of Pandemics’, (2020) 114 American Journal of International Law, 698.

Paparinskis Martins, ‘Covid-19 Claims and the Law of International Responsibility’, (2020) 11 Journal of International Humanitarian Legal Studies, 311. 

Quintana Francisco-José, ‘Modest International Law: Covid-19, International Legal Responses and Depoliticazion’, (2020) 114 American Journal of International Law, 687.

Sacerdoti Giorgio, ‘Multilateralism and the WTO in the post COVID-19 World’, (2020) 29 The Italian Yearbook of International Law, 3.

Schiappa-Pietra Oscar, La pandemia del Covid-19 ante el derecho internacional’, (2020) 70 Revista Peruana de derecho internacional, 53.

Sell Caroline, ‘Ebola and Emerging Infectious Diseases in Armed Conflict: Contemporary Challens in Global Health Security Laws and Policies’, (2020) 29 Minnesota Journal of International Law, 187. 

Slade Tuiloma Neroni, ‘International Humanitarian Law and Climate Change’, in Linton Suzannah et al. (eds.), Asia-Pacific Perspectives on International Humanitarian Law (Cambridge University Press, 2020), 643.

Sykes Alan, ‘Short Supply Conditions and the Law of International Trade: Economic Lessons from the Pandemic’, (2020) 114 American Journal of International Law, 647.

Tsang King Fung, ‘From Coronation to Coronavirus: Covid-19, Force Majeure and Private International Law’, (2020) 44 Fordham International Law Journal, 187.

Yee Sienho, ‘To Deal with a New Coronavirus Pandemic: Makins Sense of the Lack of Any State Practice in Pursuing State Responsibility for Alleged Malfeasances in a Pandemic- Lex SPecialis or Lex Generalis at Work?’, (2020) 19 Chinese Journal of International Law, 237.

 Zorzi Giustiniani Flavia, ‘Protecting World Cultural and Natural Heritage against Climate Change and Disasters: an Assessment of the Effectiveness of the World Heritage Convention System’, (2019 (2019) 2 Yearbook of International Disaster Law, 233.

 3.3 Posts

Kolawole Oke Emmanuel, ‘Is the National Security Exception in the TRIPS Agreement a Realistic Option in Confronting COVID-19?', EJIL:Talk!, 6 August 2020.

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4. ACTIVITIES of the DILAW4EU Jean Monnet Project

Upcoming Webinar: 'Cities as Actors in International and EU Disaster and Climate Law'

Webinar: 'Cities as Actors in International and EU Disaster and Climate Law'

On Friday 17 December 2021, at 11:00-13:15 CET, the webinar 'Cities as Actors in International and EU Disaster and Climate Law - Challenges and Opportunities for Urban Governance of Disaster Risk and Climate Adaptation', was organized by the University of Groningen in cooperation with the DILAW4EU Jean Monnet project. This webinar will explore the role of cities and local authorities …

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Expert Meeting ‘Is International Disaster Law Protecting Us?’

Expert Meeting ‘Is International Disaster Law Protecting Us?’

On Monday 4 October and Tuesday 5 October 2021, at the occasion of the launch of the call for abstracts for Issue no. 4 (2021) of the Yearbook of International Disaster Law (Brill), the Jean Monnet Project ‘Disseminating Disaster Law for Europe’ organized, in cooperation with the Disaster Law Interest Group of the American Society of International Law, the Expert Meeting: ‘Is …

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Webinar: Law and Policies for Strengthening Climate Resilience

Webinar: Law and Policies for Strengthening Climate Resilience

On 13th July 2021, the webinar on “Law and Policies for Strengthening Climate Resilience: Enhancing Normative Integration between Climate Change Adaptation and Disaster Risk Reduction” was organized in cooperation with the Jean Monnet project DILAW4E.  Topics covered by the webinar included: global findings on law and policies for climate resilience; Sweden, the Sendai Framework and climate change adaptation; CCA-DRR regulatory …

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Launch of the Disaster Law Database

Launch of the Disaster Law Database

Disasters cause enormous human suffering and loss worldwide, however laws and policies at the international, regional and domestic level can contribute in managing, mitigating and preventing natural and technological hazards. International and domestic legal frameworks for managing disasters are fragmented, multi-layered and constantly evolving. Against this backdrop, the Disaster Law Database, an initiative of the IFRC and Roma Tre University's …

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