The right to humanitarian assistance in natural and human-made disasters: progress and challenges for an emerging international legal framework

Natural and human-made disasters cause on average 120,000 deaths and over US$140 billion in damage to property and infrastructure every year, with national, regional and international actors consistently responding to the humanitarian imperative to alleviate suffering wherever it may be found. Despite various attempts to codify international disaster laws since the 1920s, a right to humanitarian assistance remains contested, reflecting concerns regarding the relative importance of state sovereignty vis-à-vis individual rights under international law. However, the evolving acquis humanitaire of binding and non-binding normative standards for responses to humanitarian crises highlights the increasing focus on rights and responsibilities applicable in disasters; although the International Law Commission has also noted the difficulty of identifying lex lata and lex ferenda regarding the protection of persons in the event of disasters due to the “amorphous state of the law relating to international disaster response.” Therefore, using the conceptual framework of transnational legal process, this thesis analyses the evolving normative frameworks and standards for rights-holders and duty-bearers in disasters. Determining the process whereby rights are created and evolve, and their potential internalisation into domestic law and policy, provides a powerful analytical framework for examining the progress and challenges of developing accountable responses to major disasters.

Counterstories: who counts as lesbian?

Coming out midlife is a profound and life‐changing experience—it is an experience of self‐shattering that entails the destabilisation of identity, and of family relationships. Entailing a displacement from social insider to outsider, it is a difficult, but also exhilarating, journey of self, and sexual, discovery. This thesis is an examination of the experiences of nine women who undertook that journey. This dissertation is very much a search for understanding—for understanding how one can be lesbian, and how one can not have known, following a lifetime of heterosexual identification—as well as a search for why those questions arise in the first place. I argue that the experience of coming out midlife exposes the fundamental ambiguity of sexuality; and has a significance that ranges beyond the particularity of the participants’ experiences and speaks to the limitations of the hegemonic sexual paradigm itself. Using the theoretical lens of three diverse conceptual approaches—the dynamic systems theory of sexual fluidity; liminality; and narrative identity—to illuminate their transition, I argue that the event of coming out midlife should be viewed not merely as an atypical experience, but rather we should ask what such events can tell us about women’s sexuality in particular, and the sexual paradigm more generally. I argue that women who come out midlife challenge those dominant discourses of sexuality that would entail that women who come out midlife were either in denial of their “true” sexuality throughout their adult lives; or that they are not really lesbian now. The experiences of the women I interviewed demonstrate the inadequacy of the sexual paradigm as a framework within which to understand and research the complexity of human sexuality; they also challenge hegemonic understandings of sexuality as innate and immutable. In this thesis, I explore that challenge.