| Human development is always accompanied by a variety of disasters as well as post-disaster assistance.When a severe disaster occurs,the international community always offers a helping hand,sending international disaster relief team is an important way to help the affected countries.On one hand,it reduces the pressure relief of the affected countries,on the other hand it also brings about some problems.Experience shows that the diversity of the type of international disaster relief team and the complexity of the chaos after the disaster add much burden to the smooth operation of it.However,in the field of international disaster relief,the traditional humanitarian law applied in the armed conflict does not work,therefore,special research about relief law gradually emerges.Looking at the contemporary practice of international disaster relief team,the main controversy related to it embodies in three aspects:First,the legal personality of international disaster relief team,which has something to do with the direct rights and obligations of it;Second is the immigration issues of international disaster relief team,including the dispute of immigration "rights" and the specific immigration procedures issues of personal and goods;Third is about the problems of cooperation between international disaster relief team and the affected countries.In terms of legal personality,the analysis of type of international disaster relief team is the foundation to specify its rights and obligations.Military which taking the responsibility of international disaster relief is an important part of the international disaster relief.Due to the specificity of the military,the affirmation of its civil nature is the basis to determine legal personality.From the perspective of rights,international disaster relief team can enjoy the privileges and immunities when it works as well as the convenience of the recognition of its professional qualifications and the permission of its work.From the perspective of obligations,its disaster relief activities should follow the principles of humanitarian relief operations and norms.In terms of immigration,whether international disaster relief team has the right to enforce immigration relief or not is an important prerequisite to solve procedural issues of the immigration of personnel and goods.Clarifying the meaning of responsibility of protect is the basis of determining whether the international relief team has immigrant"right".Currently,without the consent of the affected countries,international disaster relief team can not enforce immigration relief for "the responsibility of protect" does not become the basis of immigrants rights of assisted countries.In the specific procedural issues,convenience should be given to the immigration formalities of the visas and goods of international disaster relief team.In terms of the cooperation mechanism,two points should be emphasized in the field of international disaster relief:one is about the dominate role played by affected countries in the cooperation mechanism;the other is about the involvement of the parties beyond countries.During the cooperation,besides the coordination mechanism played by the affected countries,coordination mechanisms of non-affected countries also play an important role in international disaster relief,especially the United Nations coordination mechanism.To improve the cooperation and coordination of international disaster relief and develop the monitoring mechanisms of the international cooperation in disaster,it is necessary to improve at the macro-level,such as policy coordination and the rules making and for the micro level,such as notion unifying.At present,the related legislation of international disaster relief presents its fragmentation character.Although it is not easy to achieve a global binding convention of international disaster relief,but the gradual development of relief legal system has laid a solid foundation for the achievement of this goal.Because it is difficult to reach a unified convention on all matters related to international disaster relief teams,it is recommended to reach a common framework convention at first.In addition,it is necessary to formulate a concrete demonstration rule to resolve the legal personality and cooperation mechanism of international disaster relief team,thus making legal preparations for the global convention associated with international disaster relief team finally. |
