Tom Kabau and Shahla Ali on the Global Regulation of Humanitarian Relief (BrooklynJIL)

"A Human Rights-Based Approach to the Global Regulation of Humanitarian Relief: The Emerging Obligation to Incorporate Local Participation"

Tom Kabau and Shahla Ali

Brooklyn Journal of International Law

2015, Vol. 40, Issue 3, pp 791-826

Introduction (excerpt): This article is based on the view that the global regulatory framework of humanitarian relief that is emerging, under the auspices of both state and non-state actors, is premised on a human rights-based approach to humanitarian assistance, which may crystallize a duty to ensure local participation. It is in that context that the article proceeds to examine the problems and opportunities associated with the obligation to ensure local participation. 

The term “humanitarian” is often associated with humane and positive actions in relation to humanity.1 Humanitarian assistance or relief is meant to alleviate the suffering of populations affected by a humanitarian crisis by protecting life and safeguarding the human dignity of affected peoples.2 An examination of international legal instruments such as treaties, resolutions adopted under the auspices of the United Nations (“U.N.”), and the practice of states, confirms the existence of a right to provide humanitarian assistance. Therefore, as this section will demonstrate, the right to provide humanitarian assistance exists in international law... Click here to download the full article.