The National Legal Frameworks Relating to Disaster Response: How is Incoming International Assistance Regulated?

This chapter focuses on the domestic legal frameworks relating to disaster response of a number of States which have been hit by major disasters in the past few years, namely Indonesia, the United States, the Philippines, Haiti, and Japan. It analyzes the provisions regulating incoming international assistance and investigates (1) how they are applied in practice and (2) whether they are consistent with the IFRC’s Guidelines for the Domestic Facilitation and Regulation of International Disaster Relief and Initial Recovery Assistance and the treaty obligations of the States in question. The author finds that the legal preparedness for receiving international assistance varies significantly in the five countries taken into consideration and argues that even the legislation of those apparently best prepared can be improved. She concludes that the legal frameworks relating to disaster response in the countries considered reveal a reactive approach to regulatory problems in international relief operations and suggests instead that a proactive approach to those problems should be adopted.