Non-State Actors and the Evolution of Humanitarian Norms: Implications of the Sphere Charter in Health and Nutrition Relief

Journal of International Humanitarian Legal Studies, Vol. 5, No. 1-2 (2014) 70–104

Posted: 22 Jan 2015

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

Date Written: 2014

Abstract

The Sphere Humanitarian Charter, a self-regulation instrument of humanitarian non-State actors, establishes principles and minimum standards in the provision of humanitarian assistance in select vital life-saving relief activities, especially in nutrition and health. The Charter articulates principles and minimum standards for facilitating the achievement of rights and obligations enshrined in various international legal “soft law” instruments. Due to the multiplicity of international legal instruments, the Sphere Charter provides a tool for a coherent understanding and application of relevant obligations, and therefore increases accountability and efficiency. The Sphere Charter's bold human rights based approach to humanitarian assistance, including its articulation of a right to receive humanitarian assistance, may contribute to the evolution of the international legal regime into a more “victim centered” system. The central argument postulated in this article is that although the Sphere Charter is not a binding legal instrument, it has significant normative value that may contribute to progressive developments in the legal regime governing humanitarian assistance, and is particularly helpful in improving accountability and quality in the provision of nutrition and health relief. The Sphere Charter framework for local participation is particularly viewed as significant in engendering accountability in relief activities.

Suggested Citation

Ali, Shahla F. and Kabau, Tom, Non-State Actors and the Evolution of Humanitarian Norms: Implications of the Sphere Charter in Health and Nutrition Relief (2014). Journal of International Humanitarian Legal Studies, Vol. 5, No. 1-2 (2014) 70–104. Available at SSRN: https://ssrn.com/abstract=2553192

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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