International Disaster Response Law: An Evaluation of the Capacity to Handle Relief

Project Director: Sarah Williams

Research Fellow: Justine Stefanelli

The Institute was asked by the British Red Cross to participate in a study concerning the implementation of disaster response laws, rules and principles in several countries throughout Europe. The project was conducted by the International Federation of Red Cross and Red Crescent Societies (the International Federation) and is funded by the Civil Protection Financial Instrument of the European Commission. The International Federation raised the question of whether states are adequately prepared to facilitate and regulate international disaster assistance in the wake of a disaster such as Hurricane Katrina, an event which demonstrated that even wealthy countries may sometimes need foreign assistance but be ill-equipped to handle it effectively. In an effort to promote better preparedness for disaster relief globally, the International Federation developed "Guidelines for the domestic facilitation and regulation of international disaster relief and initial recovery assistance" (the IDRL Guidelines) to support governments in improving their domestic and legal framework for disaster preparedness and response.

The study used the IDRL Guidelines as a basis for evaluating the ways in which both the EU and five Member States have addressed potential regulatory problems concerning cross-border assistance. The Institute was responsible for a UK report assessing the regulatory issues for the receipt, origination or transit of disaster aid across the UK, taking note of specific areas of EU competence. It combined research with stakeholder interviews to identify best practice and areas for improvement. In addition to the UK report, the Institute organized a workshop hosted by the Cabinet Office where the findings of the study were presented and evaluated by stakeholders from the UK government at the national and municipal levels, academics, and other domestic relief organizations.

The Institute was also responsible for an initial EU report on existing law relating to the technical aspects of the IDRL Guidelines, for example, legal facilities for entry and operations of relief personnel and goods, and legislation relating to temporary domestic legal status for assisting entities and relief from applicable customs duties or any VAT.

Following on from the UK and EU reports, the Institute drafted a synthesis report comparing the five national studies and the EU study. The report was complemented by an EU-level workshop held in Brussels to evaluate the report's first findings.

The project as a whole was completed in December 2010.