Prevention within IDRL is both a well-accepted concept which permeates politically relevant soft law documents and a specific obligation based on bilateral and multilateral treaties. However, the experience of the concept and the practice of prevention in IDRL is too limited in time to have reached the level of sophistication, the same concept has reached in international environmental law (IEL) and to allow for both establishing a general duty of prevention and spelling out of its specific contents. Although the reference to IEL is indispensable in order to identify whether and how the content of the prevention obligation in this area can be relevant for the affirmation of a general duty to disaster prevention, other branches of international law are contributing to the progressive expansion of the scope of application of the duty to prevent disasters.
The Prevention of Natural and Man-Made Disasters: What Duties for States?
NICOLETTI, Barbara
2012-01-01
Abstract
Prevention within IDRL is both a well-accepted concept which permeates politically relevant soft law documents and a specific obligation based on bilateral and multilateral treaties. However, the experience of the concept and the practice of prevention in IDRL is too limited in time to have reached the level of sophistication, the same concept has reached in international environmental law (IEL) and to allow for both establishing a general duty of prevention and spelling out of its specific contents. Although the reference to IEL is indispensable in order to identify whether and how the content of the prevention obligation in this area can be relevant for the affirmation of a general duty to disaster prevention, other branches of international law are contributing to the progressive expansion of the scope of application of the duty to prevent disasters.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
