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This book centres on the war that raged between Eritrea and
Ethiopia from 1998 to 2000, a war that caused great loss of life
and tremendous devastation. It analyses the war in great detail
from an international legal perspective: the nature and the state
of the boundary conflict preceding the actual armed conflict, the
military actions themselves, the role of the UN peace-keeping
mission, the responsibility for the multitude of explosive remnants
of the war left behind. Ample attention is paid to the decisions of
the Eritrea-Ethiopia Claims Commission and the Eritrea-Ethiopia
Boundary Commission. This study is not limited to the war and the
period immediately following it, it also examines its more extended
aftermath prolonging the analysis as far as the more recent
improvement in the relations between Eritrea and Ethiopia, away
from a situation of 'no war, no peace' that prevailed after the
armed conflict ended. The analysis of the war and its aftermath is
not only in terms of international legal issues, it has been placed
in a wider than strictly legal perspective. The book is a valuable
work for academics and practitioners in international law, human
rights and humanitarian law in particular, for political
scientists, diplomats, civil servants, historians, and all those
others seriously interested in the Horn of Africa. Andrea de Guttry
is Full Professor of Public International Law at the Scuola
Superiore Sant'Anna in Pisa, Italy. Harry H.G. Post is Adjunct
Professor in the Faculte Libre de Droit of the Universite
Catholique de Lille in Lille, France. Gabriella Venturini is
Professor Emerita in the Dipartimento di Studi internazionali,
giuridici e storico-politici of the Universita degli Studi di
Milano in Milan, Italy.
With a Foreword by Kristalina Georgieva, European Commissioner for
International Cooperation, Humanitarian Aid and Crisis Response
Over the last decades natural and man-made disasters have been
increasing in terms of frequency, size, number of people affected
and material damage caused. There is growing awareness of the
importance of adequate national and international legal frameworks
for disaster prevention, mitigation and response. The
implementation of these frameworks, however, poses serious
challenges. This book analyses International Disaster Response Law
as developed in recent times and identifies the main existing
normative gaps. The authors address the rights and duties of States
in preventing and mitigating disasters, in facilitating access to
their territory for humanitarian relief actors, as well as issues
related to liability and compensation. Due attention is paid to
European Union law governing disaster response (and to its reform
in the light of the Lisbon Treaty) and to the main trends in
domestic legislation. Human rights obligations are thoroughly
examined and the potential relevance of international criminal law
is assessed. Additional topics such as the status of relief
personnel, the hindrances to the delivery of relief consignments by
customs and excise administration, the use of civilian and military
defence assets in emergency situations, the mechanisms and
procedures available to offer financial support for recovery and
rehabilitation, risk insurance, and the issue of corruption during
disaster-related activities are specifically addressed. By drawing
on the expertise of lawyers, political scientists, economists and
humanitarian practitioners, the book promotes much-needed
interdisciplinary dialog and sheds light on a largely uncharted
field of research. It is therefore essential reading for academics
and practitioners in international and EU law, policy makers, civil
protection and humanitarian operators and for anyone interested in
exploring the legal facets of the international community's
response to large-scale calamitous events. Over the last decades
natural and man-made disasters have been increasing in terms of
frequency, size, number of people affected and material damage
caused. There is growing awareness of the importance of adequate
national and international legal frameworks for disaster
prevention, mitigation and response. The implementation of these
frameworks, however, poses serious challenges.This book analyses
International Disaster Response Law as developed in recent times
and identifies the main existing normative gaps. The authors
address the rights and duties of States in preventing and
mitigating disasters, in facilitating access to their territory for
humanitarian relief actors, as well as issues related to liability
and compensation. Due attention is paid to European Union law
governing disaster response (and to its reform in the light of the
Lisbon Treaty) and to the main trends in domestic legislation.
Human rights obligations are thoroughly examined and the potential
relevance of international criminal law is assessed. Additional
topics such as the status of relief personnel, the hindrances to
the delivery of relief consignments by customs and excise
administration, the use of civilian and military defence assets in
emergency situations, the mechanisms and procedures available to
offer financial support for recovery and rehabilitation, risk
insurance, and the issue of corruption during disaster-related
activities are specifically addressed. By drawing on the expertise
of lawyers, political scientists, economists and humanitarian
practitioners, the book promotes much-needed interdisciplinary
dialog and sheds light on a largely uncharted field of research. It
is therefore essential reading for academics and practitioners in
international and EU law, policy makers, civil protection and
humanitarian operators and for anyone interested in exploring the
legal facets of the international community's response to
large-scale calamitous events.
The war that raged between Eritrea and Ethiopia from 1998 to 2000
has caused great loss of life and tremendous devastation. This book
analyses from an international legal perspective the nature and the
state of the boundary conflict preceding the actual armed conflict,
the military actions themselves as well as developments in the
aftermath of the military activities, like the role of the UN
peace-keeping deployment and the responsibility for the multitude
of explosive remnants of the war. The authors address the complex
issues of responsibility for the use of force, violations of
humanitarian law and 'borderline' issues regarding situations where
the law of armed conflict and the (successive) law of peace meet.
Ample attention is paid to the decisions of the Eritrea-Ethiopia
Claims Commission and the Eritrea-Ethiopia Boundary Commission. The
analysis of this war is not limited to international legal issues,
but has been placed in a wider than strictly legal perspective. It
is a valuable work for academics and practitioners in international
law, political scientists, diplomats, civil servants and
historians. Andrea de Guttry is Professor of International Law at
the Scuola Superiore Sant'Anna di Studi Universitari e di
Perfezionamento, Pisa, Italy. Harry Post is Professor of
International Law at the Universita degli Studi di Modena e Reggio
Emilia, Italy. Gabriella Venturini is Professor of International
Law at the University of Milan, Italy.
This book centres on the war that raged between Eritrea and
Ethiopia from 1998 to 2000, a war that caused great loss of life
and tremendous devastation. It analyses the war in great detail
from an international legal perspective: the nature and the state
of the boundary conflict preceding the actual armed conflict, the
military actions themselves, the role of the UN peace-keeping
mission, the responsibility for the multitude of explosive remnants
of the war left behind. Ample attention is paid to the decisions of
the Eritrea-Ethiopia Claims Commission and the Eritrea-Ethiopia
Boundary Commission. This study is not limited to the war and the
period immediately following it, it also examines its more extended
aftermath prolonging the analysis as far as the more recent
improvement in the relations between Eritrea and Ethiopia, away
from a situation of 'no war, no peace' that prevailed after the
armed conflict ended. The analysis of the war and its aftermath is
not only in terms of international legal issues, it has been placed
in a wider than strictly legal perspective. The book is a valuable
work for academics and practitioners in international law, human
rights and humanitarian law in particular, for political
scientists, diplomats, civil servants, historians, and all those
others seriously interested in the Horn of Africa. Andrea de Guttry
is Full Professor of Public International Law at the Scuola
Superiore Sant'Anna in Pisa, Italy. Harry H.G. Post is Adjunct
Professor in the Faculte Libre de Droit of the Universite
Catholique de Lille in Lille, France. Gabriella Venturini is
Professor Emerita in the Dipartimento di Studi internazionali,
giuridici e storico-politici of the Universita degli Studi di
Milano in Milan, Italy.
With a Foreword by Kristalina Georgieva, European Commissioner for
International Cooperation, Humanitarian Aid and Crisis Response
Over the last decades natural and man-made disasters have been
increasing in terms of frequency, size, number of people affected
and material damage caused. There is growing awareness of the
importance of adequate national and international legal frameworks
for disaster prevention, mitigation and response. The
implementation of these frameworks, however, poses serious
challenges. This book analyses International Disaster Response Law
as developed in recent times and identifies the main existing
normative gaps. The authors address the rights and duties of States
in preventing and mitigating disasters, in facilitating access to
their territory for humanitarian relief actors, as well as issues
related to liability and compensation. Due attention is paid to
European Union law governing disaster response (and to its reform
in the light of the Lisbon Treaty) and to the main trends in
domestic legislation. Human rights obligations are thoroughly
examined and the potential relevance of international criminal law
is assessed. Additional topics such as the status of relief
personnel, the hindrances to the delivery of relief consignments by
customs and excise administration, the use of civilian and military
defence assets in emergency situations, the mechanisms and
procedures available to offer financial support for recovery and
rehabilitation, risk insurance, and the issue of corruption during
disaster-related activities are specifically addressed. By drawing
on the expertise of lawyers, political scientists, economists and
humanitarian practitioners, the book promotes much-needed
interdisciplinary dialog and sheds light on a largely uncharted
field of research. It is therefore essential reading for academics
and practitioners in international and EU law, policy makers, civil
protection and humanitarian operators and for anyone interested in
exploring the legal facets of the international community's
response to large-scale calamitous events. Over the last decades
natural and man-made disasters have been increasing in terms of
frequency, size, number of people affected and material damage
caused. There is growing awareness of the importance of adequate
national and international legal frameworks for disaster
prevention, mitigation and response. The implementation of these
frameworks, however, poses serious challenges.This book analyses
International Disaster Response Law as developed in recent times
and identifies the main existing normative gaps. The authors
address the rights and duties of States in preventing and
mitigating disasters, in facilitating access to their territory for
humanitarian relief actors, as well as issues related to liability
and compensation. Due attention is paid to European Union law
governing disaster response (and to its reform in the light of the
Lisbon Treaty) and to the main trends in domestic legislation.
Human rights obligations are thoroughly examined and the potential
relevance of international criminal law is assessed. Additional
topics such as the status of relief personnel, the hindrances to
the delivery of relief consignments by customs and excise
administration, the use of civilian and military defence assets in
emergency situations, the mechanisms and procedures available to
offer financial support for recovery and rehabilitation, risk
insurance, and the issue of corruption during disaster-related
activities are specifically addressed. By drawing on the expertise
of lawyers, political scientists, economists and humanitarian
practitioners, the book promotes much-needed interdisciplinary
dialog and sheds light on a largely uncharted field of research. It
is therefore essential reading for academics and practitioners in
international and EU law, policy makers, civil protection and
humanitarian operators and for anyone interested in exploring the
legal facets of the international community's response to
large-scale calamitous events.
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