| ID | 157288 |
| Title Proper | International law commission’s draft articles on the protection of persons in the event of disasters |
| Other Title Information | codification, progressive development or creation of law from thin air? |
| Language | ENG |
| Author | Tladi, Dire |
| Summary / Abstract (Note) | This article concerns the ILC’s Draft Articles on the Protection of Persons in the Event of Disasters and, in particular, the establishment of a rights-duties relationship between States concerning the right to accept or refuse assistance from third States (horizontal rights-duties relationship). The article assesses the merits of the horizontal rights-duties relationship by assessing the two primary justifications for the proposition. The first justification is that the proposition reflects the law as it currently stands. The second justification is that, independent of whether the proposition reflects current law, it is morally required in order to save lives and protect the dignity of persons affected by disasters. The assessment is undertaken, principally, on the basis of the materials relied upon in the commentary to the Draft Articles as well as deliberations within the ILC itself. |
| `In' analytical Note |
Chinese Journal of International Law Vol. 16, No.3; Sep 2017: p.425–451 |
| Journal Source | Chinese Journal of International LawVol: 16 No 3 |
| Key Words | International Law Commission ; Protection of Persons in the Event of Disasters |