CYIL vol. 10 (2019)

CYIL 10 ȍ2019Ȏ THE TERM “INTERNATIONAL COOPERATION” IN REGARD TO THE ADMISSION … Articles“), 8 the work of the International Law Commission of the UN 9 (hereafter ”ILC“). 10 Under the Draft Articles, states are obliged to cooperate with each other, as well as with the UN and other actors. An obligation to cooperate may vary, depending on the actor and the context in which assistance is being sought and offered. 11 The basis of legal obligation to cooperate is laid down in specific provisions of the aforementioned sources of international law and other international documents. 12 This is the reason why it is necessary to take these sources into account. The key provision is Article 10, under which the affected state has the duty to ensure the protection of persons and provision of disaster relief assistance in its territory, or in a territory under its jurisdiction or control. 13 Under Article 11, the extent to which a disaster manifestly exceeds an affected state’s national response capacity, it has the duty to seek assistance from, as appropriate, other states, the United Nations, and other potential assisting actors. According to the commentary of the Draft Articles, obligation to request assistance is enshrined in international human rights instruments as well as in customary international law. Indeed, resources to international support may be necessary for the fulfilment of a state’s international obligations towards individuals, mainly human rights obligations including the right to life, the right to adequate food, the right to health and medical services, etc. 14 As already mentioned, the refugee and migration crisis 15 that culminated in 2015 in Europe was caused mainly by the armed conflict in Syria. It is not unlikely that in the future 8 UN, International Law Commission (ILC), Draft articles on the protection of persons in the event of disasters, with commentaries , 2016, A/71/10. 9 International Law Commission of the United Nations is a body of experts established by the United Nations General Assembly. It is responsible for codification and progressive development of international law. For this purpose it submits draft articles for adoption in the form of a convention or a resolution. 10 Under Article 3 (a) of the Draft Articles the disaster is defines as a „calamitous event or series of events resulting in widespread loss of life, great human suffering and distress, mass displacement, or large-scale material or environmental damage, thereby seriously disrupting the functioning of society.“ According to professor Šturma “disasters“ were for the purpose of the Draft Articles clearly distinguished from the conflicts and situations of human rights violation created by human that are covered by the concept of Responsibility to Protect. See ŠTURMA, P., Komise OSN pro mezinárodní právo: Mezi dvěma zasedáními (2016–2017). [The International Law Commission: Between two sessions (2016-2017)] Bulletin Centra pro lidská práva a demokratizaci , 2017, issue IX, no. 7, p. 3 [accessed 2. 2. 2019]. Available at: http://www.centrumlidskaprava.cz/sites/centrumlidskaprava.cz/files/attachement/ bulletin/bulletinzari2017.pdf. 11 UN, International Law Commission (ILC), Draft articles , ibid, commentary to Article 7, para 6. 12 For example, in the UN Charter, the Declaration on the Principles of Friendly Relations and some human rights treaties. The commentary also refers to the documents where international cooperation is specifically embedded in relation to disasters such as the UN General Assembly Resolution 46/182. 13 This duty is based on the principle of sovereignty of states. See UN, International Law Commission (ILC), Draft articles , ibid, commentary to Article 10. 14 UN, International Law Commission (ILC), Draft articles , ibid, commentary to Article 11. 15 The question is whether it really was a crisis and if so, what type of crisis. Gammeltoft-Hansen and Tan, as well as Den Heijer, Rijpma and Spijkerboer speak about the political crisis in their articles; Battjes, Brouwer, Slingenberg and Spijkerboer speak about the crisis of European asylum and migration law. See GAMMELTOFT- HANSEN, T., TAN, N. F., The End of the Deterrence Paradigm? Future Directions for Global Refugee Policy. Journal on Migration and Human Security , 2017, issue 5, no. 1, p. 45.; DEN HEIJER, M., RIJPMA, J., SPIJKERBOER, T., Coercion, Prohibition, and Great Expectations: The continuing failure of the Common European Asylum System. Common Market Law Review , 2016, issue 53, p. 641.; BATTJES, H., BROUWER, E., SLINGENBERG, L., SPIJKERBOER, T., The Crisis of European Refugee Law: Lessons from Lake Success. SSRN, 23 May 2016, p. 30 [accessed 10. 3. 2019]. Available at: http://dx.doi.org/10.2139/ssrn.2783247.

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