CYIL 2014

THE EXISTANCE OF THE RIGHT TO HUMANITARIAN ASSISTANCE …

far no existing legal instrument or obligatory practice at the global level confirms the

existence of the duty of States to provide assistance.

4. Conclusion

The questions regarding the existence, the content and the implementation of

the right to humanitarian assistance in the event of natural disasters clearly concern

the very foundation of modern international law and inter-State relations, so it is no

surprise that the opinions and positions of States, experts and doctrine are different

and that there are no unambiguous answers. The purpose of the present article was

not to present perfect or final solutions but to open up new horizons and offer new

ideas about the development of international law in the light of its fundamental

objective – the focus is no longer on the protection of sovereignty and inviolability at

any cost but rather on the protection of individuals and their human rights.

A clear and unambiguous recognition of the right to humanitarian assistance

in international law governing disaster relief would be in the ultimate interest of

persons affected by natural disasters and would safeguard their human dignity and

human rights and protect them from suffering. And it would, after all, confirm that

States and other international actors in the contemporary world must also accept

that in the field of natural disasters international law protects human beings and not

their specific political interests, and that sovereign right cannot prevail in situations

where humanitarian assistance is necessary for the survival of human beings.

However, the EU, being an example of the highest level of integration among States, which builds its

legal system on solidarity and trust among Member States, offers an example of a legal obligation of

assistance in the event of natural disasters through a ‘solidarity clause’. This provision should become

a good example for the future development of law. Article 222 (1) of the Consolidated Version of the

Treaty on the Functioning of the EU (TFEU), OJ EU C 83/53, 30 March 2010.