• Allgemein

Establishing Mutual Aid Agreements Weegy

Given that states conclude that their existing laws allow for the entry into mutual aid agreements or when they adopt new laws to obtain such power, concerted efforts should be made to share and make the most of the lessons learned among themselves. Similarly, strategies to meet the constitutional requirements of the federal state should be pursued jointly. Non-binding agreements can be a convenient way to exchange health information. However, liability, compensation and reimbursement issues related to the distribution of supplies, equipment or personnel (in the event of an undeclared emergency outside the EMAC) can only be dealt with effectively in mutual assistance agreements that create binding obligations for the parties. States may be comfortable concluding binding agreements drawn up taking into account existing judicial interpretations of the compact clause or useful proposals from the Department of Foreign Affairs. Or, like EMAC and PNEMA, states may decide to seek congressional approval for binding agreements. The Congress agreement on PNEMA (particularly if IEMAC subsequently obtains approval), coupled with the Confederation`s strong promotion of state mutual assistance, suggests that congressional approval of an international EMAC agreement covering all states along the borders between the United States, Canada and Mexico could be possible. „While the use of a title such as the `Memorandum of Understanding` is common for non-binding documents, we caution that simply designating a document as a `Memorandum of Understanding` does not automatically mean to the United States that the document is not binding under international law. The United States has agreements that are considered binding international agreements. The U.S.-Canada treaty calls for the promotion and facilitation of adequate cooperation between provinces and states in the area of emergency management. The Stafford Act requires the director of the Federal Emergency Management Agency to „provide all viable assistance to states when it comes to organizing, through the Department of Foreign Affairs, emergency reciprocal assistance between states and neighbouring countries.“ 8 One of the tasks of the U.S.-Mexico Border Surveillance Commission is to establish a system for collecting health data and monitoring health problems in the U.S.-Mexico border area.

The PPS, launched on March 23, 2005 by the leaders of the United States, Mexico and Canada, provides for a „healthier North America.“ In line with this objective, PPS efforts include enhanced information-sharing mechanisms, the development of mutual legal assistance protocols, the implementation by the United States and Mexico of guidelines developed by the Health and Mexico Working Group for the coordination of common-interest epidemiological events by the United States and Mexico, and the implementation of an infectious disease surveillance system (EWIDS).