Disaster management within the scope of International Environmental Law (IEL) is

governed by several conventions, treaties, and frameworks that address the prevention,
mitigation, and response to environmental disasters, both natural and human-made. These
legal instruments recognize the need for international cooperation to manage disasters
effectively and to ensure that states mitigate the risk of environmental harm across borders.

1. Key International Conventions and Instruments

a. United Nations Framework Convention on Climate Change (UNFCCC) (1992)

 Purpose: The UNFCCC provides a framework for addressing climate change, which
is a key driver of many natural disasters, such as floods, hurricanes, and droughts.
 Relevant Provisions:
o Article 4(1)(f): Calls for parties to take measures to address the impacts of
climate change, including the management of risks and disaster-related
challenges.
o Loss and Damage Mechanism (Warsaw International Mechanism): This
mechanism was established in 2013 under the UNFCCC to address the impact
of climate-related disasters and slow-onset events on vulnerable countries.
 Case Law: The Urgenda v. Netherlands (2015) case dealt with a state’s obligation
to mitigate climate change under the UNFCCC. The Dutch Supreme Court ruled that
the government had a legal duty to take climate action to prevent harm from
environmental disasters, including climate change impacts.

b. Sendai Framework for Disaster Risk Reduction (2015-2030)

 Purpose: Adopted at the Third UN World Conference on Disaster Risk Reduction,

this framework emphasizes the need to reduce disaster risk through international
cooperation.
 Key Priorities:
o Understanding disaster risk.
o Strengthening disaster risk governance.
o Investing in disaster risk reduction for resilience.
o Enhancing disaster preparedness for effective response.
 Case Law: Although not legally binding, the Sendai Framework has been cited in
various climate change cases, such as the Leghari v. Pakistan (2015) case, where the
Pakistani court ordered the government to implement its climate and disaster
management policies, referencing the Sendai Framework for guidance on risk
reduction.

c. Kyoto Protocol (1997) and Paris Agreement (2015)

 Purpose: These agreements, under the umbrella of the UNFCCC, focus on reducing
greenhouse gas emissions to prevent environmental catastrophes exacerbated by
climate change.
 Relevant Provisions:
 o Paris Agreement, Article 8: Recognizes the importance of averting,
minimizing, and addressing loss and damage associated with the adverse
effects of climate change, including through early warning systems and
disaster management strategies.
 Case Law: The Teitiota v. New Zealand (2020) case before the UN Human Rights
Committee addressed the link between climate change, displacement, and disaster
management. Although the case was dismissed, the committee acknowledged the role
of climate-related disasters in exacerbating human rights violations.

d. Convention on the Protection and Use of Transboundary Watercourses and

International Lakes (Helsinki Convention) (1992)

 Purpose: This convention addresses the need for states to cooperate in managing
transboundary water resources and preventing water-related disasters.
 Relevant Provisions:
o Article 3(1): Requires parties to prevent, control, and reduce transboundary
impacts, including flood-related disasters and contamination of water
resources.
 Case Law: The Gabčíkovo-Nagymaros Project (Hungary/Slovakia) case before
the International Court of Justice (ICJ) dealt with the construction of dams and their
potential to cause environmental harm and water-related disasters. The court
emphasized the importance of sustainable development and the prevention of
transboundary harm.

e. Basel Convention on the Control of Transboundary Movements of Hazardous Wastes

and Their Disposal (1989)

 Purpose: The Basel Convention regulates the movement of hazardous waste across
borders and aims to prevent environmental disasters resulting from improper waste
management.
 Relevant Provisions:
o Article 4(2)(a): Requires states to take necessary measures to prevent the
generation of hazardous waste and manage its disposal in an environmentally
sound manner.
 Case Law: The Trafigura case (Ivory Coast) involved the dumping of toxic waste
in Abidjan, resulting in widespread environmental and human harm. The case
highlighted the need for better enforcement of international waste management
standards to prevent similar disasters.

f. International Convention on Oil Pollution Preparedness, Response, and Cooperation

(OPRC) (1990)

 Purpose: The OPRC establishes a framework for international cooperation in dealing

with oil pollution incidents that can lead to environmental disasters.
 Relevant Provisions:
o Article 6: Requires parties to develop national systems for responding to oil
pollution emergencies, including contingency planning, coordination, and
assistance.
 Case Law: The Prestige oil spill (Spain) case, involving the sinking of an oil tanker
and resulting environmental disaster, was an important example of cross-border
 disaster management under the OPRC. The case underscored the need for coordinated
international responses to oil spills.

g. International Law Commission (ILC) Draft Articles on the Protection of Persons in

the Event of Disasters (2016)

 Purpose: These articles provide guidance on the protection of individuals affected by

disasters, including both natural and human-made catastrophes.
 Relevant Provisions:
o Article 9: Emphasizes the responsibility of states to reduce disaster risk and
take preventive measures.
o Article 11: Requires states to cooperate with international organizations and
other states in disaster relief and recovery efforts.
 Significance: Although not yet binding, these draft articles reflect a growing
consensus on the need for international cooperation in managing disasters and
protecting affected populations.

h. Convention on Biological Diversity (CBD) (1992)

 Purpose: The CBD focuses on the conservation of biodiversity, which can be

severely affected by environmental disasters such as deforestation, wildfires, and
ecosystem destruction.
 Relevant Provisions:
o Article 14(1)(d): Requires parties to take measures to prevent environmental
disasters that could damage biodiversity and to mitigate the effects of
disasters.
 Case Law: The Bhopal Gas Tragedy (India), while not directly related to the CBD,
highlighted the importance of environmental management to prevent disasters that can
lead to biodiversity loss and human suffering. The Bhopal disaster led to calls for
stricter environmental regulations and disaster preparedness.

3. Principles of International Environmental Law Related to Disaster

Management

Several key principles of International Environmental Law also inform disaster

management strategies:

 The Precautionary Principle: States should take preventive action in the face of
uncertainty to avoid environmental harm (as seen in the UNFCCC and the Rio
Declaration on Environment and Development). This principle is especially relevant
in disaster risk reduction.
 The Polluter Pays Principle: Those responsible for causing environmental harm,
including disasters, should bear the costs of managing the consequences. This
principle applies in cases involving industrial accidents and transboundary pollution
(e.g., the Basel Convention).
 The Principle of Sustainable Development: Environmental management, including
disaster risk reduction, should be integrated into broader development strategies,
ensuring that economic development does not exacerbate disaster risks.
  The Principle of International Cooperation: States are required to cooperate in
managing transboundary environmental issues and disasters, as stipulated in the
Helsinki Convention and other multilateral agreements.

4. Important Case Laws Related to Disaster Management

Pulp Mills on the River Uruguay (Argentina v. Uruguay) (2010)

 Facts: This ICJ case involved the construction of pulp mills on the River Uruguay and
their potential to cause cross-border environmental harm. Argentina claimed that
Uruguay failed to conduct proper environmental assessments, risking ecological
disasters.
 Decision: The ICJ emphasized the duty of states to prevent significant transboundary
environmental harm and highlighted the role of environmental impact assessments
(EIA) in disaster prevention.
 Significance: The case reinforced the importance of conducting EIAs in projects that
could potentially cause environmental harm, which is crucial for disaster risk
management.

Pacific Fur Seals Arbitration (1893)

 Facts: This early case dealt with the overharvesting of fur seals and the potential
ecological disaster from population depletion. It concerned the management of natural
resources to prevent environmental damage.
 Decision: The tribunal ruled in favor of regulating the harvesting of fur seals to
prevent the collapse of their population.
 Significance: The case laid an early foundation for international cooperation in
managing shared environmental resources and preventing ecological disasters.

Conclusion

International Environmental Law provides a comprehensive framework for disaster

management, addressing issues related to climate change, hazardous waste, pollution,
transboundary environmental impacts, and the protection of vulnerable populations. Through
conventions like the UNFCCC, Basel Convention, OPRC, and the Sendai Framework, the
international community has recognized the need for proactive measures, international
cooperation, and shared responsibility in managing and mitigating the impacts of
environmental disasters.