Clarifying the acquis humanitaire: a transnational legal perspective on the internalization of humanitarian norms

Dug Cubie

Research output: Chapter in Book/Report/Conference proceedingChapter (peer-reviewed)

2 Citations (Scopus)

Abstract

Although the international obligations and institutional frameworks for disaster response are not yet settled, as evidenced by the International Law Commission’s work on the protection of persons in the event of disasters and the on-going promotion of disaster laws by the Red Cross Movement; the diverse source and nature of such initiatives suggests that the international community is engaged in a process of norm creation, elaboration and interpretation reflecting a desire for legal clarity in humanitarian operations. Situated within the framework of transnational law, this paper argues that an acquis humanitaire, based on the principle of humanity, encapsulates the evolving body of law and practice specifically relating to the protection of persons in times of humanitarian crisis in both armed conflicts and natural or human-made disasters. Reflecting the non-traditional, non-statist, dynamic and normative basis of transnational legal process, as elaborated by Harold Koh, the constant flow of ideas and principles between the national, regional and international spheres provides an analytical framework for the on-going transnational dialogues on the social, political and legal internalization of humanitarian norms. Drawing on the internalization of humanitarian norms within the United Kingdom, this paper concludes that as the international community examines the codification of a universal legal framework for the protection of persons in the event of disasters it is necessary to understand the transnational process of interpretation and internalization of humanitarian norms, and how this may vary across different regions and countries.
Original languageEnglish
Title of host publicationThe International Law of Disaster Relief
EditorsDavid D. Caron, Michael J. Kelly, Anastasia Telesetsky
Place of PublicationNew York
PublisherCambridge University Press
Pages338-360
ISBN (Electronic)9781316056912
ISBN (Print)978-1-107-06131-6
Publication statusPublished - Oct 2014

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    Cubie, D. (2014). Clarifying the acquis humanitaire: a transnational legal perspective on the internalization of humanitarian norms. In D. D. Caron, M. J. Kelly, & A. Telesetsky (Eds.), The International Law of Disaster Relief (pp. 338-360). Cambridge University Press. http://www.cambridge.org/ca/academic/subjects/law/public-international-law/international-law-disaster-relief