Publication on the ILC’s Draft Articles on the “Protection of Persons in the Event of Disasters”

Prof. Bartolini published in the 2017 issue of the Rivista di diritto internazionale an extensive analysis (pp. 677-718) on the Draft Articles (DAs) on the “Protection of persons in the event of disasters” adopted on second reading by the International Law Commission in 2016, also in light of the recommendation made by the Commission to elaborate a convention on the basis of this project. Such potential outcome would represent a significant novelty in the area of disaster law, characterized by a fragmented legal framework and the lack of an universal flagship treaty. Against this multifaceted background, the DAs has provided a systematization of the main legal issues relevant in the disaster-cycle, trying to accommodate with a complex checks and balances approach the different interests of relevant actors, namely the affected State, external assisting actors and the victims of disasters. As explored, its provisions are indeed accommodated along two main axes: a vertical level, addressing relationships between victims, the affected State and assisting actors, and a horizontal one, related to cooperation among affected States and assisting actors.