Maine Statewide Mutual Aid Agreement
Because the MAA and other states resolve state law issues related to the sharing of supplies, equipment and personnel in undeclared emergencies, they can also serve as mechanisms to determine the best way to meet federal constitutional requirements. Particularly in the intergovernmental context, prosecutors could examine the case law that defines the “Compact” clause with respect to interstate agreements, to determine whether states have more leeway in relation to such agreements than in the case of agreements with foreign governments. Case law suggests that binding agreements may be valid without congressional approval if they do not enter the power of the federal government or if they do not alter the political balance between states and the federal government.25 MUTUAL AID IS THE PARTAGE of supplies, equipment, personnel, information or other resources across political boundaries. This will be achieved effectively through adherence to mutual assistance agreements. After Hurricane Andrew in 1992, Congress approved the Emergence Management Assistance Pact (EMAC), passed in all states, the District of Columbia, Puerto Rico and the U.S. Virgin Islands (Table 1▶). shared as part of Hurricane Katrina`s response and recovery efforts. Hurricane Katrina triggered a flow of personnel, equipment and assistance from other countries to the affected areas; Epidemiologists and other public health experts helped identify and control public health risks in the aftermath of the storm. Other states continued to provide shelter, food, clothing and education to those who had to flee the area. IEMAC is a mutual assistance agreement between the northeastern states and the eastern provinces of Canada. IEMAC signatories have established protocols for the joint use of personnel and equipment in the event of a major emergency. IEMAC is known in Canada as the International Emergency Management Assistance Memorandum of Understanding (IEMAMOU). The International Emergency Management Group (IEMG) meets twice a year to check protocols and improve coordination.
Although the Foreign Office recommends congressional approval of binding agreements as the safest legal means, the Office has been consulted on general guidelines indicating that prosecutors can enter into binding agreements that raise fewer constitutional doubts. While it must first be noted that the proposed agreement would not be contrary to a federal initiative, this does not appear to be a problem, given the State`s promotion of the state`s mutual assistance agreements by the Confederation. Moreover, with regard to a particular international agreement, it may be desirable that such an agreement contains a language confirming that the state is bound by its own federal laws and laws, that there is no intention to create binding international law, that a state can withdraw from the agreement at any time, and that the agreement should not be construed as interference with federal authority.24 24 In response to the growing recognition of the importance of mutual assistance agreements, the agreement cannot be construed as interference with the federal government24.24 In response to the growing recognition of the importance of mutual assistance agreements, the agreement cannot be construed as interference with federal authority.24 , the Public Health Law Program of the Centers for Disease Control and Prevention has launched efforts to characterize the legal framework. In particular, the programme collected information on mutual assistance and related laws for the categories of intergovernmental and international mutual assistance, systematically established and synthesized information, conducted basic complementary legal research, and evaluated and identified legal approaches to achieving effective mutual assistance. This effort has been made