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6 J. Int'l Humanitarian Action 1 (2021)

handle is hein.journals/jinthuma6 and id is 1 raw text is: Kodama Journal of International Humanitarian Action https://doi.org/1 0.1186/s41018-020-00085-1 (2021) 6:1 Journal of International Humanitarian Action RE EARCH ARTe A The implications of international rescue and relief operations for domestic regulatory regimes-lessons from the 2011 East Japan Earthquake Yoshi Kodama Abstract This article attempts to reveal how and why international rescue and relief operations had difficulties, following the 2011 East Japan earthquake, in being smoothly received in a country like Japan with well-prepared domestic natural disaster response mechanisms as well as highly regulated economy and society. To this end, the article examines lessons and challenges from the operations by foreign rescue and relief assistance teams then tries to present possible solutions and prescriptions for adjustment and improvement of inter-state frameworks as well as domestic laws and regulations. Issues are generally analogous to trade and investment liberalisation as well as inter- state deregulatory endeavours, which may give some insights in addressing post-disaster regulatory and procedural impediments. Introduction This article attempts to reveal how and why inter- national rescue and relief operations had difficul- ties at the 2011 East Japan Earthquake in being smoothly received in a country like Japan with well-prepared domestic natural disaster response mechanisms as well as highly regulated economy and society. To this end, the article examines les- sons and challenges regarding the operations of foreign rescue and relief assistance teams, then en- deavours to present possible solutions and pre- scriptions for further adjustment and improvement of intergovernmental frameworks as well as Correspondence: yoshinori.kodama@mofa.gojp BL(Tokyo), LLM(Cantab), PhD(London). The views expressed in this article are purely personal to the author. The analyses and views in this article are based upon the author's discussions and enquiries with experts, professionals, and negotiators in 2014-2018. The author particularly extends appreciation to insights and advice from Ms Gabrielle Emery, Coordinator for Asia Pacific Disaster Law Program, International Federation of Red Cross and Red Crescent Societies, Asia Pacific Regional Office; as well as Mr Steven Hill' Legal Adviser and Director, North Atlantic Treaty Organization. Japanese Ministry of Foreign Affairs, Tokyo, Japan I Springer Open domestic laws and regulations. In this juncture, existing intergovernmental instruments, either bi- lateral or regional, as well as multilateral, will be examined, and further improvement will be pre- scriptively presented. The method of analysis in this article is based upon the 'bottom-up' approach. This means to examine each phase and aspect of rescue and relief activities, then to analyse relevant domestic regula- tions as well as international instruments, so as to seek possible adjustments or amendments for existing frameworks. There may be an alternative approach to tackle challenges by codifying compre- hensive multilateral legally binding instruments covering relevant aspects with institutional back- ings, such as collective decision-making processes and dispute settlement procedures dealing with discrepancies in application (International Law Commission (ILC) 2016, as an example of compre- hensive legislative approach). Such an approach will be useful as a mid-term objective, but the au- thor here tries to seek possibilities to utilise © The Author(s). 2021 Open Access This article is licensed under a Creative Commons Attribution 4.0 International License, which permits use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons licence, and indicate if changes were made. The images or other third party material in this article are included in the article's Creative Commons licence, unless indicated otherwise in a credit line to the material. If material is not included in the article's Creative Commons licence and your intended use is not permitted by statutory regulation or exceeds the permitted use, you will need to obtain permission directly from the copyright holder. To view a copy of this licence, visit http://creativecornmons.org/licenses/by/4.0/

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