The Research On Trans-border Disaster Response Legislation Of International Organization

Major disasters contribute international organizations to formulate the law in trans-border disaster response and disaster response operations.There are an effective exploration in legislation on disaster response,whether on regional level or on global level,whether on Inter-government Organization or non-governmental organizations. A body of trans-border Disaster Response Law has been developed from a melange of binding and non-binding instruments with varying purpose,scope and content under the leading of two kind of organizations.Trans-border disaster response law has thus become a minefield of legal barriers.This paper attempts to give the beneficial suggestions for these legal barriers to unify the trans-border disaster law eventually and to promote disaster response operations in coordination,orderly.Therefore,this paper adopts the method of comparative analysis and interdisciplinary research to analyze both on the global and regional levels,or the inter-governmental and non-governmental organizations.On the basis of administrative science,sociology,law and other disciplines knowledge,the paper will expound from the following several aspects,attempting to contribute to the study of trans-border disaster response legislation.Foreword:this part introduces the background and the current development status of international organization in trans-border disaster response legislation,presenting research situation in the field of international law,writing method,the thought and framework etc..This paper is divided into five parts.The first part is the basic concept of international organization of trans-border disaster response legislation.This part mainly expound from the similarities and differences of inter-governmental organizations and non-governmental international organizations in the concept,characteristics and legal personality.This part through discussing several basic concepts of trans-border relief law and the participants which are the main organizations in trans-border disaster response legislation to point out the basic of this research. All of these will pave the way for the following text.The second part is about the status and problems of inter-governmental organization in trans-border disaster response legislation.This part is divided into two sections.The first section examine the status of inter-governmental international organizations in trans-border disaster response legislation,respectively from two aspects of global and regional aspects.The second section describes and analyzes the existing global multilateral legal issues of trans-border disaster response,such as imbalance problem areas including the United Nation’s coordination mechanism,the overlap and conflict of trans-border disaster response legal system,the regional imbalances of trans-border disaster response legislation.The third part is to introduce the present situation and problems of non-governmental international organization in trans-border disaster response "legislation".This part is divided into three sections. The first section explains the theory of global law pluralism and the particularity of the non-government legislation, and defines the nature of normative documents that the nature is soft law,which are made by international non-governmental organizations.The second section examines the legislative situation of international non-governmental organization in the filed of trans-border disaster response law,including the model law,code of conduct and humanitarian aid standard.The third section points out the problems of international non-government organization of trans-border disaster response legislation,including inadequate legal binding documents that it is difficult to enforce those documents or it is Too Much Emphasis on Independence leads to lack unified law guiding or the information communication mechanism is not perfect,poor act coordination or the embarrassment legal status and legitimacy was questioned.The fourth part is about the measure that perfecting the trans-border disaster response legislation of international organization.This part is the innovative and highlight part of the paper.This part gives proposal from two aspects.The first aspect points out that it must highlight the legal status of UN in trans-border disaster response operations,from the angel of inter-governmental presented by the United Nations.To achieve the goal to make efforts in three aspects:the first one is to try to establish a specialized inter-governmental body in the United Nations for disaster response to make management unified;The second one is to establish a unified and comprehensive disaster response legal system.The paper analyzes both straight and curve approaches;the third one is that UN should play its legal role in promoting trans-border disaster response legislation, which is to promote the regional disaster response legislation and to approve those legal norms made by NGO.The second aspect is from the angel of international non-governmental organization,points out that it must standardize the legislative activities of international non-governmental organization.It is should do the work from the following four aspects:the first is to locate the legal status of international non-governmental organizations correctly,which means that be clear on the relationship between inter-governmental international organizations and international non-governmental organizations;The second is to explore effective ways for international non-governmental organizations to get the official legal status,which may begin from the European model to end as a global Convention that made by the UN.the third is that international non-governmental organizations should strengthen self regulation to improve the standards and unity of disaster response operations;the last one is that to accelerate the legislation process of international non-governmental organizations in trans-border disaster response.Conclusion:it is pointed out that,through the above discussion,with the development of international legislation,the international organizations make their own efforts,although there is still many problems about trans-border disaster response legislation of international organization,a more unified trans-border disaster response law body and the orderly operations under its guidance can be expected.