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Disaster Laws

Disaster Laws

Model Act for the Facilitation and Regulation of International Disaster Relief and Initial

Recovery Assistance (Pilot Version)

David Fisher, Coordinator IFRC Disaster Law Programme

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Disaster Laws

What is the model act?

Model domestic law to be adopted by the national legislature

Based on the internationally accepted recommendations of the IDRL Guidelines

Meant to apply only to non-conflict disasters

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Disaster Laws

Why a model act?

In order to implement the IDRL Guidelines, some states will require new legislation

Many requests from governments and National Societies for model language

While model acts have many drawbacks, they can be a good starting point for discussion

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Disaster Laws

Project partners

IFRCOCHA

IPU

WCO

Microsoft

Allen and Overy

Baker and McKenzie

Cameron McKenna

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Disaster Laws

Pilot version

The current text of the model act and commentary is a pilot version. Comments still being invited.

The pilot version was launched at the 31st International Conference of the Red Cross and Red Crescent.

Resolution 7 of the International Conference welcomed the effort to develop the act.

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Disaster Laws

Main elements

Procedures for handling requests and offers

International Disaster Relief and Initial Recovery Periods

Institutional mechanisms System for eligibility Legal facilities (customs, tax, etc.) Minimum standards Transit

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Disaster Laws

Dilemmas

How to ensure both speedy access and adequate oversight

How to create clarity without sacrificing flexbility

How to rationalize the many legal issues generally covered by separate areas of law