The International Legal Framework for Disaster Response and Recovery Activities

This chapter offers a comprehensive analysis of the international legal framework governing disaster response and recovery activities, identifying existing instruments and highlighting current normative gaps. It begins by clarifying key concepts such as disaster, disaster response, and disaster recovery, noting definitional variations across treaties and soft law instruments, as well as the importance of thresholds, state capacity, and temporal factors in triggering applicable legal regimes. The analysis then turns to the typical provisions found in disaster response frameworks, focusing on the primary role of the affected state; mechanisms for information sharing; the entry and transit of personnel and goods; and the treatment of relief personnel, including questions of privileges, immunities, and recognition of professional titles. It also examines cost-sharing arrangements and liability issues for damage that may be caused by foreign first responders. The chapter underscores how sovereignty remains a central principle in disaster management, with assistance invariably contingent upon the consent of the affected state. The second part of the chapter addresses the less developed field of disaster recovery, focusing on non-binding instruments such as UNGA Resolution 46/182, the Sendai Framework for Disaster Risk Reduction, and the Sustainable Development Goals. The chapter concludes by discussing the potential for a comprehensive treaty on disaster risk management, noting the UN General Assembly’s 2024 decision to initiate negotiations based on the recent work of the International Law Commission. While acknowledging legal and political hurdles, the chapter highlights the growing necessity of a unified, binding framework in light of the increasing frequency and impact of disasters worldwide.