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In: Yearbook of International Disaster Law Online
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Abstract

Neighbouring States form regional institutions for purposes that they cannot meet singularly, as in case of exceptional events that overwhelm national capacities. Comparing regional organizations endowed with specific Disaster Management (DM) functions provides a suitable analytical lens of this phenomenon, being a means for exploring how fundamental principles like sovereignty or solidarity are differently combined within their legal frameworks. Building on a comparative analysis of two regional models (EU and ASEAN-AHA), the article suggests that the positioning of regional organizations on the sovereignty-solidarity axis is facilitated by an adapted use of the well-known Latin maxim ‘unus pro omnibus, omnes pro uno’. This indicates both dynamics in which the organization is endowed with autonomous capacities of acting in support of members stricken by a catastrophic event, and those regional mechanisms whose functioning depends on the case-by-case involvement of their membership. As will be maintained, whereas these interrelated dynamics coexist in the two organizations analysed, they are differently modelled according to the respective regulatory settings. Yet, common trends in the development of respective institutional functioning can be detected.

In: International Organizations Law Review
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Abstract

Resolutions and other key documents adopted in the last few years by the international community provide that greater coherence and integration between law and policies on climate change adaptation (cca) and disaster risk reduction (drr) can lead to more efficient use of available resources, and more effective action in reducing human vulnerabilities and exposure to climate and disaster risks. Moving from the analytical background provided by the ‘informal international law’ theory (in-law), the purpose of this study is to evaluate how the combination of formal and informal law-making processes affects the coherent implementation of different normative instruments defining the current global agenda on climate risk governance. Normative developments in three different institutional contexts (the Intergovernmental Panel on Climate Change; the UN Office for Disaster Risk Reduction – ‘Sendai system’; and the International Red Cross and Red Crescent Movement) will be assessed, in light of recent developments on the drafting, endorsement and implementation of relevant normative instruments. The analysis will be corroborated by references to the effects that greater synergies between these frameworks can generate at the regional and domestic levels, as demonstrated by evidence collected in three different countries (Fiji, the Philippines, and Dominica) between 2019 and 2021.

In: Journal of International Humanitarian Legal Studies