Self-Governance by Humanitarian Non-State Actors in Health and Nutrition Relief

34 Pages Posted: 15 Jan 2014

See all articles by Shahla F. Ali

Shahla F. Ali

Deputy Director, Program in Arbitration & Dispute Resolution, University of Hong Kong, Faculty of Law

Tom Kabau

Jomo Kenyatta University of Agriculture and Technology School of Law

Multiple version iconThere are 2 versions of this paper

Date Written: January 14, 2014

Abstract

In the provision of humanitarian health assistance in a post disaster context, critical concerns such as local ownership, financial and political transparency and humane implementation are central. Given that poor quality or unsuitable health assistance can have grossly negative consequences such as "increased morbidity, mortality, and disability," increasingly, humanitarian agencies are recognizing the need for a common set of standards and guiding principles for humanitarian health assistance. This includes consideration of provision of quality health services in addition to other core issues such as cooperation and coordination between various institutions and sectors. The central argument postulated in this paper is that despite the absence of a proper global enforcement mechanism of the obligation to provide quality humanitarian assistance in health and nutrition, emerging self-governing mechanisms, such as the Sphere Humanitarian Charter provides a useful mechanism for self-regulation and action by civil society organizations. Such self-regulatory mechanisms contribute to the development of international customary law with regard to an emerging responsibility to provide effective humanitarian assistance.

Keywords: Humanitarian Law, Health and Nutrition Relief, Global Governance, International Customary Law

Suggested Citation

Ali, Shahla F. and Kabau, Tom, Self-Governance by Humanitarian Non-State Actors in Health and Nutrition Relief (January 14, 2014). University of Hong Kong Faculty of Law Research Paper No. 2014/004. Available at SSRN: https://ssrn.com/abstract=2378811 or http://dx.doi.org/10.2139/ssrn.2378811

Shahla F. Ali (Contact Author)

Deputy Director, Program in Arbitration & Dispute Resolution, University of Hong Kong, Faculty of Law ( email )

Chung Yu Tung Tower (Law), Centennial Campus
Pokfulam Road
Hong Kong
(852) 3917 2931 (Phone)
(852) 2559-3543 (Fax)

HOME PAGE: http://www.hku.hk/law/faculty/staff/ali_shahla.html

Tom Kabau

Jomo Kenyatta University of Agriculture and Technology School of Law ( email )

P.0 Box 18703-00100 Nairobi
Nairobi, NAIROBI 00100
Kenya

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