Climate Change, Resulting Natural Disasters and the Legal Responsibility of States: An International Law Perspective

Extreme weather events, such as cyclones and hurricanes, are increasing in frequency and intensity due to global warming. This book examines two critical aspects of this situation: the applicability of public international law to funding reconstruction and early warning systems by developed States and emerging markets, and the right to receive humanitarian assistance and the State's obligation to provide early warning. It also analyzes the doctrine of the responsibility to protect and its practical limits. The book takes into account the new developments around the International Law Commission's project on the Protection of Persons in the Event of Disasters.

Format: Hardback
Length: 230 pages
Publication date: 20 December 2020
Publisher: Intersentia Ltd

Extreme weather events, such as cyclones and hurricanes, are increasing in their frequency and intensity, with a significant scientific link to global warming caused by anthropogenic climate change. This phenomenon disproportionately affects developing States, such as the Caribbean and Pacific Islands, despite their limited contributions to climate change. The devastating impact of these events on people and their livelihoods is undeniable.

This book delves into two critical aspects of this situation, where no specific source of public international law applies or holds responsibility. Firstly, it examines the application of international environmental law and customary public international law to the funding of reconstruction and early warning systems by developed States and emerging markets. As the frequency and intensity of these events increase, the need for funding to enhance vulnerable States' resilience to climate-related devastation grows. While various schemes exist, such as donations or insurance solutions, there is no dedicated instrument in public international law that addresses the obligation of developed States and emerging markets to financially assist disaster-prone developing States in establishing early warning systems and reconstruction following natural disasters.

Secondly, the book analyzes the right to receive humanitarian assistance and the State's obligation to provide early warning. In the aftermath of a calamitous event, the victims of such disasters have the right to immediate and essential aid. However, the responsibility for providing early warning falls on the State, as it can mitigate the impact of such events and save lives. The book explores the legal frameworks and mechanisms in place to ensure that States fulfill their obligations to provide early warning and assist those in need.

Overall, this book provides valuable insights into the challenges faced by developing States in the face of extreme weather events and the legal frameworks that can help address these challenges. It sheds light on the need for international cooperation and collaboration to address climate change and its disproportionate impact on vulnerable communities. By examining the application of international law to funding reconstruction and early warning systems, as well as the right to receive humanitarian assistance, this book contributes to the ongoing discussions on climate justice and the responsibility of developed States to assist developing countries in mitigating the effects of climate change.

Dimension: 229 x 152 (mm)
ISBN-13: 9781839700309