Research On Disaster International Rescue Obligation

With the development of economic globalization,the destiny of all countries in the world is getting closer.When a country encounters a major disaster,it is difficult for other countries to survive.If the disaster-affected country and other countries or non-state actors can give it voluntarily or in accordance with the provisions of the treaty.Humane,unconditional,and timely support and assistance from disaster-affected countries will not only benefit the protection of the human rights of the affected people,but also prevent the further spread of disasters and endanger global health in a timely manner.This article combines international law documents and the practice of humanitarian relief agencies to determine the meaning and types of international disaster relief obligations.Then,after analyzing the development process and content of disaster international relief obligations,it gives its own views on the nature and realization of the obligation.The conclusion and method are divided into two parts:moral obligation and legal obligation.Due to the imperfect mechanism of moral and legal obligations,the implementation of international disaster relief obligations still faces many problems.Therefore,the international community needs to improve the international disaster relief obligations from four aspects to help disaster-affected countries recover as soon as possible and strive for the full realization of human rights.condition.The first part is the definition of disasters and disaster international rescue obligations.The so-called disaster refers to a catastrophic event that causes or may cause a large amount of loss of life,huge human suffering and suffering,displacement or large-scale material,economic or environmental damage,which seriously disrupts the operation of society,including natural disasters,public health emergencies and accidents Wait.Disaster international rescue obligations are divided into moral obligations and legal obligations.Moral obligations refer to the international community’s moral and ethical assistance in the event of a disaster;legal obligations refer to the international community’s performance of rescue in accordance with international law in the event of a disaster.obligation.The second part is the establishment of international disaster relief obligations.The establishment includes three parts:the background,purpose and process of establishing international disaster relief obligations.With the increasingly severe disaster situation,the country’s response capabilities are slightly insufficient.In order to realize international human rights and protect global health,the international community has gradually established disaster international relief obligations.Among them,the international disaster relief obligation is divided into four stages:the scourge theory stage,the charity rescue stage,the fragmentation stage of the start-up of international rules,and the comprehensive compilation.The third part is about the nature of international disaster relief obligations.The current international disaster relief obligations are divided into two parts.One is moral obligation,and the reason why moral obligation exists is social solidarity,Rawls’ignorance,It is driven by five theories:a community with a shared future for mankind,empathy,and Chinese and Western ethics.The second is legal obligations.The existence of legal obligations is firstly due to the lack of foresight,non-uniformity of standards and non-compulsiveness of moral obligations.Furthermore,it is supported by two theories,the theory of national responsibility to protect and the theory of global governance.Finally,it is because the international disaster relief obligation conforms to the three essential characteristics of legal obligations.The fourth part is the main body and content of international disaster relief obligations.From the perspective of international human rights treaties,international customs,judicial precedents,and United Nations resolutions and declarations,there are three subjects who perform their obligations:states,international organizations,and other non-state actors.The content of the commitments between the three obligation subjects is also different.Among them,the state assumes the obligation of respect,protection and performance,international organizations assume the obligation of organization and coordination,and other actors assume some supplementary responsibilities.The fifth part is the fulfillment of international disaster relief obligations.First of all,although the current laws on international disaster relief obligations are not sound,according to international practice,the principles and methods that should be followed in disaster international relief obligations can be summarized.Among them,the principles to be followed for rescue include the principles of national sovereignty,humanitarian principles,international solidarity and common and differentiated responsibilities.The rescue method generally adopts official rescue and private rescue.In addition,although international disaster relief activities are currently in full swing,there are still many problems,such as lack of responsibility and coordination mechanisms,pertinence and effectiveness,etc.,which require scientific and reasonable strategies to deal with.