Establishing a right to humanitarian assistance for the 'environmentally displaced'

The phenomenon of internal displacement is becoming one of the most pressing humanitarian concerns of this new century, particularly as many states are failing to provide these vulnerable populations with the humanitarian assistance that they require. In light of the tsunami that hit the Indian Ocean region on 26th December 2004, this thesis critically examines the present state of international law as regards ensuring the provision of humanitarian assistance to those displaced by a natural disaster. It focuses on establishing a right to humanitarian assistance under international human rights law. The author argues that a right to humanitarian assistance can be established under pre-existing economic and social human rights norms and that implicit in these rights is a "two-tier" duty on a state to provide humanitarian assistance to IDPs and to accept offers of humanitarian aid from foreign sources. The author also addresses the inherent implementation problems economic and social rights face by putting forward an alternate enforcement possibility, that of erga omnes obligations. The final part of the thesis addresses the possibility of establishing an international "duty to assist" within the emerging third generation of human rights.