Mediation and the International Law commission's Draft Articles on the Protection of Persons in the Event of Disasters : a case of untapped potential

O'Donnell, Therese; Buchan, Russell and Franchini, Daniel and Tsagourias, Nicholas, eds. (2023) Mediation and the International Law commission's Draft Articles on the Protection of Persons in the Event of Disasters : a case of untapped potential. In: The Changing Character of International Dispute Settlement. Cambridge University Press (CUP), Cambridge. ISBN 9781009076296

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Abstract

This chapter brings together research literature from international law, disaster studies and the mediation field, to investigate the possibilities that mediation offers in the context of disaster assistance. It is important to explore this potential now because disaster response law sits at a crossroads following the completion by the International Law Commission of the Draft Articles on the Protection of Persons in the Event of Disasters, and because disputes regarding disaster assistance endure. Mediation is clearly an untapped resource in the disaster milieu given its capacity for widening participation, its contextual sensitivity and discretion, and its proven success rate even in the most fraught environments. Processes which allow States, international entities, and civil society to engage in resolving disputes over disaster assistance have long been needed. Mediation has the potential to facilitate partnered dispute resolution, and to create the conditions for paying heed to international legal standards of protection, while reflecting notions of solidarity. Most importantly, mediation offers a route to avoid unhelpful political confrontation, while ensuring that the needs of disaster-stricken populations are met in sustainable ways.

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