- School of Law
University College Cork
Republic of Ireland
http://www.ucc.ie/en/lawsite/
Dug Cubie
University College Cork, Law, Faculty Member
- International Humanitarian Law, Humanitarian Emergency Aid, Natural Disasters, Humanitarian Affairs, Peacebuilding, Peacekeeping, and 9 moreHumanitarian Assistance and Disaster Relief, Stabilization and Reconstruction, Post Conflict Issues, International Human Rights Law, Immigration, Refugee Studies, Refugee Resettlement, International Law, and Human Rights Lawedit
- Senior Lecturer in Law Programme Director, LLM in International Human Rights Law & Public Policy Deputy Director, Cen... moreSenior Lecturer in Law
Programme Director, LLM in International Human Rights Law & Public Policy
Deputy Director, Centre for Criminal Justice and Human Rights (CCJHR)
PhD thesis, "The Right to Humanitarian Assistance in Natural and Human-Made Disasters: progress and challenges for an emerging international legal framework" (September 2013)edit
Climate change is already having serious impacts on the lives of millions of people across the world. These impacts are not only ecological, but also social, economic and legal. Among the most significant of such impacts is climate... more
Climate change is already having serious impacts on the lives of millions of people across the world. These impacts are not only ecological, but also social, economic and legal. Among the most significant of such impacts is climate change-induced migration. The implications of this on human rights raise pressing questions, which require serious scholarly reflection.
Drawing together experts in this field, Climate Change, Migration and Human Rights offers a fresh perspective on human rights law and policy issues in the climate change regime by examining the interrelationships between various aspects of human rights, climate change and migration. Three key themes are explored: understanding the concepts of human dignity, human rights and human security; the theoretical nexus between human rights, climate change and migration or displacement; and the practical implications and challenges for lawyers and policy-makers of protecting human dignity in the face of climate change and displacement. The book also includes a series of case studies from Alaska, Bangladesh, Kenya and the Pacific islands which aim to improve our understanding of the theoretical and practical implications of climate change for human rights and migration.
This book will be of great interest to scholars of environmental law and policy, human rights law, climate change, and migration and refugee studies.
Drawing together experts in this field, Climate Change, Migration and Human Rights offers a fresh perspective on human rights law and policy issues in the climate change regime by examining the interrelationships between various aspects of human rights, climate change and migration. Three key themes are explored: understanding the concepts of human dignity, human rights and human security; the theoretical nexus between human rights, climate change and migration or displacement; and the practical implications and challenges for lawyers and policy-makers of protecting human dignity in the face of climate change and displacement. The book also includes a series of case studies from Alaska, Bangladesh, Kenya and the Pacific islands which aim to improve our understanding of the theoretical and practical implications of climate change for human rights and migration.
This book will be of great interest to scholars of environmental law and policy, human rights law, climate change, and migration and refugee studies.
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The Yearbook of International Disaster Law (YIDL) aims to foster the interest of academics and practitioners on legal and institutional issues relevant to all forms of natural, technological and human-made disasters, including rapid and... more
The Yearbook of International Disaster Law (YIDL) aims to foster the interest of academics and practitioners on legal and institutional issues relevant to all forms of natural, technological and human-made disasters, including rapid and slow onset events, but excluding events such as armed conflicts or political/financial crises per se. The goal is to provide a forum for innovative research contributing to the international legal and policy debate related to prevention, mitigation, response and recovery phases in disaster scenarios. The YIDL is a double-blind peer review journal published by Brill/Nijhoff and is available in printed and on-line form.
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The instinctual desire to support those in need, irrespective of geographic, cultural or religious links, is both facilitated and overwhelmed by the extent of information now available about the multiple humanitarian crises which occur on... more
The instinctual desire to support those in need, irrespective of geographic, cultural or religious links, is both facilitated and overwhelmed by the extent of information now available about the multiple humanitarian crises which occur on a daily basis around the world. Behind the images of devastating floods and earthquakes, or massive forced displacements resulting from armed conflicts, is the all too real suffering faced by individuals and families. From the 2004 Indian Ocean Tsunami to the on-going conflict in Syria, recent years have seen an increasing debate regarding the international legal mechanisms to protect persons in such humanitarian crises.
This book argues that an acquis humanitaire is identifiable through the interconnected web of existing and emerging international, regional and national laws, policies and practices for the protection of persons caught up in humanitarian crises. Indeed, the humanitarian imperative to alleviate suffering wherever it may be found permeates various branches of international law, and is reflected in the extensive humanitarian activities undertaken by States and other actors in times of armed conflict, population displacement and disaster. This book argues that by clarifying the conceptual framework and normative content of the acquis humanitaire, gaps and lacunae can be identified and the overall protection of persons strengthened.
This book argues that an acquis humanitaire is identifiable through the interconnected web of existing and emerging international, regional and national laws, policies and practices for the protection of persons caught up in humanitarian crises. Indeed, the humanitarian imperative to alleviate suffering wherever it may be found permeates various branches of international law, and is reflected in the extensive humanitarian activities undertaken by States and other actors in times of armed conflict, population displacement and disaster. This book argues that by clarifying the conceptual framework and normative content of the acquis humanitaire, gaps and lacunae can be identified and the overall protection of persons strengthened.
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The instinctual desire to support those in need, irrespective of geographic, cultural or religious links, is both facilitated and overwhelmed by the extent of information now available about the multiple humanitarian crises which occur on... more
The instinctual desire to support those in need, irrespective of geographic, cultural or religious links, is both facilitated and overwhelmed by the extent of information now available about the multiple humanitarian crises which occur on a daily basis around the world. Behind the images of devastating floods and earthquakes, or massive forced displacements resulting from armed conflicts, is the all too real suffering faced by individuals and families. From the 2004 Indian Ocean Tsunami to the on-going conflict in Syria, recent years have seen an increasing debate regarding the international legal mechanisms to protect persons in such humanitarian crises. This book argues that an acquis humanitaire is identifiable through the interconnected web of existing and emerging international, regional and national laws, policies and practices for the protection of persons caught up in humanitarian crises. Indeed, the humanitarian imperative to alleviate suffering wherever it may be found permeates various branches of international law, and is reflected in the extensive humanitarian activities undertaken by States and other actors in times of armed conflict, population displacement and disaster. This book argues that by clarifying the conceptual framework and normative content of the acquis humanitaire, gaps and lacunae can be identified and the overall protection of persons strengthened.
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International law can play an important role in promoting national, regional and international actions to tackle the human impacts of climate change and disasters. Of note, 2015 saw the adoption of three interconnected normative... more
International law can play an important role in promoting national, regional and international actions to tackle the human impacts of climate change and disasters. Of note, 2015 saw the adoption of three interconnected normative frameworks: the Sendai Framework for Disaster Risk Reduction 2015–2030, the Paris Agreement under the UN Framework Convention on Climate Change (UNFCCC), and the UN’s 2030 Agenda for Sustainable Development and the Sustainable Development Goals (SDGs). One may therefore be tempted to view this body of international norms, rules and standards as a comprehensive and unified system. Yet the increasing complexity and specialisation of different international legal regimes has led to concerns regarding a confusing fragmentation of international law. This chapter will therefore examine the relationship between the three topics of sustainable development, climate change adaptation (CCA) and disaster risk reduction (DRR) from a legal perspective. The chapter will co...
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This is a correspondent's report on State practice by Ireland in respect of international law issues during the course of 2018.
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1 CONDEMNED TO REPEAT: CAN EUROPE AVERT TRAGEDIES AT SEA FOR REFUGEES AND MIGRANTS? Two months ago the tragedy in Lampedusa triggered a very wide and emotional reaction across Europe – a chorus of voices calling for actions to avoid such... more
1 CONDEMNED TO REPEAT: CAN EUROPE AVERT TRAGEDIES AT SEA FOR REFUGEES AND MIGRANTS? Two months ago the tragedy in Lampedusa triggered a very wide and emotional reaction across Europe – a chorus of voices calling for actions to avoid such disasters in the future. I trust this impetus has not vanished. Today we are putting on the table measures and proposals for a truly European response that can make a difference. I call on Member States to make full use of this unique opportunity to show that the EU is built on solidarity and concrete support. Now is the time to act Cecilia Malmstrom, EU Commissioner for Home Affairs (4 December 2013) The moral, political and legal complexities of humanely addressing the question of how to protect those fleeing persecution, violence and poverty were once again thrown into stark relief by the 11 October 2013 sinking of a boat containing migrants in the waters between Lampedusa and Malta. Despite the media coverage of the tragedy disappearing from our...
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Call for Abstracts - 31st October 2019 - Yearbook of International Disaster Law Vol. II (Brill) The Yearbook of International Disaster Law (YIDL) aims to provide a hub for discourse amongst academics and practitioners on legal and... more
Call for Abstracts - 31st October 2019 - Yearbook of International Disaster Law Vol. II (Brill)
The Yearbook of International Disaster Law (YIDL) aims to provide a hub for discourse amongst academics and practitioners on legal and institutional issues relevant to all forms of natural, technological and human-made hazards, including rapid and slow onset disasters, but excluding events such as armed conflicts or political/financial crises per se. The goal is to provide a forum for innovative research contributing to the international legal and policy debate related to prevention, mitigation, response and recovery phases in disaster scenarios.
The first volume of the YIDL will appear at the end of 2019, with a thematic section on the ILC Draft Articles. The editors now solicit input for the second volume with a thematic section on 'Disasters and....'. Please see the full call attached. Deadline is 31st October 2019. Submissions for general sections are welcomed too.
The Yearbook of International Disaster Law (YIDL) aims to provide a hub for discourse amongst academics and practitioners on legal and institutional issues relevant to all forms of natural, technological and human-made hazards, including rapid and slow onset disasters, but excluding events such as armed conflicts or political/financial crises per se. The goal is to provide a forum for innovative research contributing to the international legal and policy debate related to prevention, mitigation, response and recovery phases in disaster scenarios.
The first volume of the YIDL will appear at the end of 2019, with a thematic section on the ILC Draft Articles. The editors now solicit input for the second volume with a thematic section on 'Disasters and....'. Please see the full call attached. Deadline is 31st October 2019. Submissions for general sections are welcomed too.
Research Interests: International Law, International Human Rights Law, Public International Law, International Humanitarian Law, International Environmental Law, and 5 moreInternational Legal Theory, Disaster Management and International Law, International Law and Natural Disaster, International Disaster Response Law, and International Climate Law
In: Katja Samuel, Marie Aronsson-Storrier and Kirsten Nakjavani Bookmiller, The Cambridge Handbook of Disaster Risk Reduction and International Law (2018 - forthcoming)
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In: Robert McLeman and Francois Gemenne (eds), The Routledge Handbook of Environmental Displacement and Migration (2018)
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This article takes as its starting point the potentially negative human rights implications that the effects of climate change, disasters and development practices can have on individuals and communities. It argues that key international... more
This article takes as its starting point the potentially negative human rights implications that the effects of climate change, disasters and development practices can have on individuals and communities. It argues that key international instruments, including the post-2015 successors to the Kyoto Protocol, Hyogo Framework for Action on disaster risk reduction and the Millennium Development Goals, appear to be moving towards an express acknowledgment of the relevance of international human rights law as an important mechanism to minimise potential harms that may arise. This raises the question as to the appropriate role of the UN human rights monitoring and accountability mechanisms in identifying the relevant rights-holders and duty-bearers. The article therefore provides an examination of the linkages between climate change and international human rights law, as well as discussion of the human rights considerations and accountability mechanisms for disasters and sustainable development. The article concludes by arguing that despite differential understandings between disciplines as to the meaning of key terms such as ‘vulnerability’ and ‘resilience’, international human rights law provides a comprehensive basis for promoting international and national accountability. It follows that a greater level of coordination and coherence between the human rights approaches of the various post-2015 legal and policy frameworks is warranted as a means of promoting the dignity of those most affected by climate change, disasters and developmental activities.
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This correspondent’s report details and analyses Irish State practice in regard to international law issues during 2013. Ireland assumed two key appointments at the beginning of 2013, namely election onto the UN Human Rights Council, and... more
This correspondent’s report details and analyses Irish State practice in regard to international law issues during 2013. Ireland assumed two key appointments at the beginning of 2013, namely election onto the UN Human Rights Council, and the rotating 6-month Presidency of the European Union. In these positions, the Irish Government was at the forefront of international debates surrounding the UN Arms Trade Treaty, a comprehensive EU-US trade agreement, and responses to armed conflicts in Syria, Gaza, Mali, the Central African Republic, and the emerging conflict in Ukraine. Bilateral relations included the delineation of the Exclusive Economic Zone and continental shelf between Ireland and the UK, and the entry into force of Double Taxation Agreements between Ireland and Egypt, Qatar, San Marino, Switzerland and Uzbekistan. Ireland also hosted two major international conferences during 2013, one on global poverty, and the second on hunger and climate change.
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"Despite previous attempts at codification of international law regarding international responses to natural and human-made disasters, there is currently no binding international legal framework to regulate the provision of humanitarian... more
"Despite previous attempts at codification of international law regarding international responses to natural and human-made disasters, there is currently no binding international legal framework to regulate the provision of humanitarian assistance outside armed conflicts. Nevertheless, since the International Law Commission (ILC) included the protection of persons in the event of disasters on its programme of work in 2006, it has provisionally adopted eleven draft articles that have the potential to create binding obligations on states and humanitarian actors in disaster settings. However, the final form of the draft articles has not yet been agreed, although the Codification Division of the UN Office of Legal Affairs has proposed a framework convention format which has seen support in the ILC and the UN General Assembly Sixth Committee.
The overall aim of this article is to provide an analysis of the potential forms of international regulation open to the ILC and states in the context of humanitarian responses to disasters. However to avoid enchanting the ILC draft articles with unwarranted power, any examination of form requires an understanding of the substantive subject matter of the planned international regulation. The article therefore provides an overview of the international legal regulation of humanitarian assistance following natural and human-made disasters, and the ILC’s work to date on the topic. It then examines two key issues that remain to be addressed by the ILC and representatives of states in the UN General Assembly Sixth Committee: the development and implications of binding and non-binding international texts, and the suggested framework convention approach identified by the Special Rapporteur as a potential outcome of the ILC work."
The overall aim of this article is to provide an analysis of the potential forms of international regulation open to the ILC and states in the context of humanitarian responses to disasters. However to avoid enchanting the ILC draft articles with unwarranted power, any examination of form requires an understanding of the substantive subject matter of the planned international regulation. The article therefore provides an overview of the international legal regulation of humanitarian assistance following natural and human-made disasters, and the ILC’s work to date on the topic. It then examines two key issues that remain to be addressed by the ILC and representatives of states in the UN General Assembly Sixth Committee: the development and implications of binding and non-binding international texts, and the suggested framework convention approach identified by the Special Rapporteur as a potential outcome of the ILC work."
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There is limited binding international law specifically covering the provision of humanitarian assistance in response to natural and human-made disasters. Yet a variety of authoritative soft law texts have been developed in the past 20... more
There is limited binding international law specifically covering the provision of humanitarian assistance in response to natural and human-made disasters. Yet a variety of authoritative soft law texts have been developed in the past 20 years, including the UN Guiding Principles on International Displacement, the Red Cross Red Crescent Code of Conduct and the Sphere Project’s Humanitarian Charter and Minimum Standards in Disaster Response. While such “non-binding normative standards” do not carry the weight of international law, they play an essential role in the provision of humanitarian assistance albeit subject to their limited enforceability vis-á-vis intended beneficiaries and to their voluntary application by humanitarian actors. Notwithstanding a lack of legal compulsion, certain non-binding normative standards may directly influence the actions of States and non-State actors, and so obtain a strongly persuasive character. Analysis of texts that influence the practice of humanitarian assistance advances our understanding of humanitarian principles and performance standards for disaster response. As the International Law Commission debates draft articles on the Protection of Persons in the Event of Disasters, such non-binding normative standards are crucial to the development of an internationally accepted legal framework to protect victims of disasters.
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This article provides an overview and analysis of publications and reports by Law Reform Commissions and equivalent bodies in Australia, Canada, England and Wales, Hong Kong, India, Ireland and New Zealand during 2009 and 2010.
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This paper presents the findings of in-depth interviews with 152 refugees who arrived in British Columbia with the support of the Canadian Government's Resettlement Assistance Program (RAP). The aim of the research was to interview 25% of... more
This paper presents the findings of in-depth interviews with 152 refugees who arrived in British Columbia with the support of the Canadian Government's Resettlement Assistance Program (RAP). The aim of the research was to interview 25% of all Government - Assisted Refugees from the top eight countries of origin who arrived in BC during the calendar years of 2003 and 2005, to obtain their views on their arrival and subsequent settlement outcomes, challenges and successes. The report provides feedback for service enhancements during a refugee's first six weeks in Canada, as well as identifying other issues of RAP policy and program consideration.The qualitative and quantitative data provides a snap-shot of refugees' own perceptions of their arrival and settlement in BC, by covering such areas as: pre-arrival orientation, arrival in Vancouver, initial RAP orientation, and subsequent housing, education, health, employment, English as a Second Language and social outcomes.