Chapter 21: A duty of solidarity? The International Law Commission’s Draft Articles and the right to offer assistance in disasters
Restricted access

International solidarity is proclaimed as a key value of the international community. Natural disasters offer the perfect context for its demonstration. Oftentimes international actors readily offer aid and assistance but the governing legal framework remains uncertain. Thus, the current ILC drafting project presents a welcome opportunity to codify and concretize matters. This chapter analyses the ILC draft article concerning external actors’ rights to offer assistance to disaster-stricken states. If the project’s focus is the protection of stricken populations, does this ‘right’ suggest or encourage the possibility of a duty to offer assistance when natural disasters strike? An alternative reading challenges any such duty. This chapter analyses the ‘right to offer’ in its own terms, and in the context of the other Draft Articles, and considers whether the draft provision materializes international solidarity.

You are not authenticated to view the full text of this chapter or article.

Access options

Get access to the full article by using one of the access options below.

Other access options

Redeem Token

Institutional Login

Log in with Open Athens, Shibboleth, or your institutional credentials

Login via Institutional Access

Personal login

Log in with your Elgar Online account

Login with you Elgar account
Handbook