Research on the Jurisprudence and Practice of International Disaster Relief

Abstract

Presently, international disaster relief assistance has become a crucial means and approach for humanity to cope with increasingly frequent and severe disasters. It is evident that disasters represent a shared threat to the global population, requiring a unified effort from the international community to address. However, the issue of international disaster relief assistance, which might seem self-evident, has always been contentious and problematic both theoretically and practically, mainly focusing on two aspects: firstly, whether the seek of international disaster relief by affected state is a right or a duty; secondly, a series of issues arise when affected state consent international disaster relief assistance. While consensus within the international community remains elusive, the Draft Articles on the Protection of Persons in the Event of Disasters—adopted by the United Nations International Law Commission upon its second reading and subject to ongoing annual discussion—serves as a guiding principle of international soft law that merits our utmost respect and consideration. On this basis, countries need to strengthen communication, reach more consensus, and actively address various obstacles and issues that may arise in international disaster relief assistance in their domestic legislation and practices. Furthermore, the Belt and Road Initiative, proposed by China, necessitates the development of an international disaster relief framework specifically tailored for the nations situated along its path.