Environmental Law Of Armed Conflict

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Protecting the Environment During Armed Conflict

Author : Elizabeth Mrema,Carl Bruch,Jordan Diamond
Publisher : UNEP/Earthprint
Page : 88 pages
File Size : 48,8 Mb
Release : 2009
Category : History
ISBN : 9280730428

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Protecting the Environment During Armed Conflict by Elizabeth Mrema,Carl Bruch,Jordan Diamond Pdf

This report inventories and analyses the range of international laws that protect the environment during armed conflict. With a view to identifying the current gaps and weaknesses in this system, the authors examine the relevant provisions within four bodies of international law - environmental humanitarian (IHL), international criminal law (ICL), international environmental law (IEL), and international human rights law (HRL). The report concludes with twelve concrete recommendations on ways to strengthen this legal framework and its enforcement. The Environment and Natural Resources are crucial for building and consolidating peace, it is urgent that their protection in times of armed conflict be strengthened. There can be no durable peace if the natural resources that sustain livelihoods are damaged or destroyed. This report provides a basis upon which Member States can draw upon to clarify, expand and enforce international law on environmental protection in times of war.

Environmental Law of Armed Conflict

Author : Nada Al-Duaij
Publisher : Brill Nijhoff
Page : 0 pages
File Size : 45,7 Mb
Release : 2004
Category : Environmental law, International
ISBN : 157105314X

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Environmental Law of Armed Conflict by Nada Al-Duaij Pdf

This timely study examines how the environmental impact of modern warfare violates fundamental principles of international environmental and humanitarian laws and why these consideration need to be included in rules of armed conflict. If direct attacks on innocent civilians are universally recognized as unacceptable then environ-mental devastation of their habitat by acts of war must also be recognized as an unacceptable consequence of armed conflict. The author presents the case that the international community understand its responsibility to curb environ-mental consequences of modern weaponry and incorporate environmental concerns into the conventions regulating armed conflict. Published under the Transnational Publishers imprint.

Armed Conflict and Environmental Damage

Author : Dr. U C Jha
Publisher : Vij Books India Pvt Ltd
Page : 374 pages
File Size : 44,6 Mb
Release : 2014-08-01
Category : Political Science
ISBN : 9789382652816

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Armed Conflict and Environmental Damage by Dr. U C Jha Pdf

Armed conflict and military activities have serious adverse impacts on the environment. Modern weaponry, troop movements, landmines, hazardous military waste, and the destruction of forests for military use are a few sources of harm to the environment both during armed conflict and peacetime military activities. Ecological assaults in combat areas are often kept a secret by the government, resulting in even greater humanitarian and environmental harm. Environmental degradation is increasingly being recognized as one of the most significant challenges of the 21st century and its effects are being felt worldwide. Both domestic and international legislations have been inadequate in mitigating the impact of military activities. This book provides details of the environmental destruction wreaked during international and non-international armed conflicts and argues that the existing legal regime for the protection of the environment during armed conflict requires substantial modification. It puts forward the view that though it is inconceivable to impose an absolute ban on environmental damage during military operations, strengthening and clarifying the existing laws protecting the environment in times of conflict, and enforcing environment-friendly practices among military forces could go a long way in protecting natural assets of our earth.

War and the Environment

Author : Rosemay Rayfuse
Publisher : Martinus Nijhoff Publishers
Page : 244 pages
File Size : 48,9 Mb
Release : 2014-09-18
Category : Law
ISBN : 9789004270657

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War and the Environment by Rosemay Rayfuse Pdf

The chapters in this volume have their origins in papers presented at a Workshop held at Lund University in Sweden. The Workshop gathered together experts from Europe, the United States and Australia, including leading academics as well as representatives from the ICRC, the Swedish, Norwegian and Danish Red Cross Societies and the Swedish and Norwegian governments, to examine the relevance and adequacy of the existing regime for environmental protection during armed conflict as well as the ability of other international legal mechanisms to contribute to the amelioration of damage to the environment arising as a result of or in relation to armed conflict. The book, like the Workshop, takes as its starting point the existing IHL regime for the protection of the environment during armed conflict and goes on to explore the application of other legal regimes that may be relevant to protection of the environment both during armed conflict and, as in the broader context envisaged by the ILC, in relation to armed conflict. As this thought-provoking volume demonstrates, a vast range of issues, actors and legal regimes must now be considered and some pro-active and imaginative research and thinking brought to bear in any consideration of this ever-important topic. Some papers appeared previously in a special issue of the Nordic Journal of International Law.

Environmental Protection and the Law of War

Author : Glen Plant
Publisher : CRC Press
Page : 312 pages
File Size : 40,7 Mb
Release : 1992
Category : Law
ISBN : UOM:39015024900212

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Environmental Protection and the Law of War by Glen Plant Pdf

The Gulf War has focused attention on the environmental dimensions of armed conflict. This authoritative book summarizes and exemplifies the main themes and tenets of international law in relation to war and the environment. It brings together the pronouncements and opinions of legal authorities from varied backgrounds and jurisdictions to produce a comprehensive examination of the topic. After a broad introductory essay by the editor, succeeding chapters deal with scientific aspects of the impact of war on the environment; existing international law; problems in negotiating a new treaty and a proposal for a new International Convention of Environmental Protection in War (The Fifth Geneva).

Armed Conflicts and the Environment

Author : Anne Dienelt
Publisher : Springer Nature
Page : 362 pages
File Size : 55,6 Mb
Release : 2022-08-12
Category : Law
ISBN : 9783030993399

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Armed Conflicts and the Environment by Anne Dienelt Pdf

The book rethinks the means of harmonization of prima facie norm conflicts in light of the multitude of international agreements across regimes. The methodology deployed in this book, which is referred to as complementation or complementary application, represents a novel approach by focusing on commonly shared objectives and a unifying ordre public transnational across fields of public international law that allow for a harmonization beyond traditional treaty interpretation. Fields of public international law, mainly the laws of armed conflict, international environmental law, and human rights law, apply simultaneously to questions regarding the environment and war. Such a coexistence challenges the unity of the international legal order, and it also challenges the means of harmonization across fields of public international law. However, eventually, the co-existence of several fields of public international law can result in a refinement of international law and enhanced legal protection. Diversification can also contribute to clarification or normative intensification in areas of parallel application of various fields and multilayered legal protection, demonstrating a counter-option to fragmentation.

Environmental Protection, Security and Armed Conflict

Author : Onita Das
Publisher : Edward Elgar Publishing
Page : 289 pages
File Size : 49,5 Mb
Release : 2013-01-01
Category : Nature
ISBN : 9781781004685

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Environmental Protection, Security and Armed Conflict by Onita Das Pdf

'Environmental Protection, Security and Armed Conflict is a timely reminder of the need to integrate sustainable development into key areas of international law, including all phases of armed conflict. Onita Das cleverly picks her way through the applicable law and derives solid suggestions for the future.' – Karen Hulme, University of Essex, UK This book explores environmental protection relevant to security and armed conflict from a sustainable development perspective. The author details how at each stage of the armed conflict life cycle, policy, law and enforcement have fallen short of the sustainable development model and concludes with a set of suggestions for how to address this pressing concern. The book considers and discusses: • Environmental protection relevant to security and armed conflict from a holistically sustainable development perspective. • Environmental protection relevant to security and armed conflict in the life cycle of armed conflict: pre-conflict, in-conflict and post-conflict • Uses substantive sustainable development principles (duty of states to ensure sustainable use of natural resources; equity and the eradication of poverty; common but differentiated responsibilities; precautionary principle; public participation; good governance; integration and interrelationship; and polluter pays principle) as tools or objectives to achieve sustainable development in the context of environmental protection relevant to security and armed conflict. • The concept of sustainable development is utilized to fill the gaps left by policy and law in the field of environmental protection relevant to security and armed conflict. The book also examines 5 case-studies relating to Somalia, Darfur, Sudan, Sierra Leone, the First Gulf war and the Kosovo conflict. This fascinating and detailed study will strongly appeal to academics and postgraduate students in the fields of both environmental protection and international law, researchers, policy-makers, NGOs and individuals working in the field.

The Role of Multilateral Environmental Agreements

Author : Britta Sjöstedt
Publisher : Unknown
Page : 336 pages
File Size : 42,5 Mb
Release : 2020
Category : Electronic books
ISBN : 1509922563

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The Role of Multilateral Environmental Agreements by Britta Sjöstedt Pdf

The environment suffers enormously during armed conflicts and, despite the increasing awareness of the pressing need to protect the planet, devastating environmental damage can occur legally at times of war. This book suggests that - apart from the protection offered under law of armed conflict - environmental treaties or multilateral agreements (MEAs) can complement and strengthen environmental protection when war occurs. Previous research has focused on the protection offered under the law of armed conflict (in particular international humanitarian law) and customary international environmental law concerning wartime environmental damage, or whether environmental treaties remain applicable at times of armed conflict. This book, however, is the first in-depth scholarly examination of how environmental treaties can apply in wartime and how they can contribute to the protection of the environment in relation to armed conflict. It also offers an updated study of environmental protection under the law of armed conflict, including the latest developments in the International Law Commission's work on this underexplored topic.

War Torn Environment: Interpreting the Legal Threshold

Author : Karen Hulme
Publisher : BRILL
Page : 374 pages
File Size : 45,8 Mb
Release : 2004-08-01
Category : Law
ISBN : 9789047405344

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War Torn Environment: Interpreting the Legal Threshold by Karen Hulme Pdf

In the recent past the horrors of war have been demonstrated all too vividly. Who would have believed that after Nuremberg there would be any further need for war crimes tribunals, or for the creation of an international criminal court? But, whilst people in conflict countries suffer the mental and physical scars from military bombardment, they also suffer the silent legacy of environmental pollution. The world functions as one large ecosystem: the contamination of one element inevitably feeding into another. Pollution in peacetime has been greatly reduced, but what is the wartime cost to the environment? Wartime weaponry and tactics are strictly controlled by the principles of humanitarian law, but international law can be a slow creature. Are our militaries using weapons today that violate the current laws of armed conflict? Or need new controls be drafted to deal with the environmental, and inevitably human, consequences of modern warfare? The book seeks to analyse the issues surrounding the protection of the environment in times of armed conflict, and to pose questions as to its adequacy and efficacy. But the focus is not simply upon the interpretation of the legal provisions in isolation; instead, the analysis establishes a benchmark standard of environmental harm against which the adequacy and efficacy of the legal provisions can be measured. At the centre of the analysis are a number of case studies tackling the most modern weapons and tactics, including the legality of depleted uranium weapons and cluster bombs, the validity of striking chemical weapons facilities and oil installations, and the responsibility for explosive and non-explosive war debris.

The Role of Multilateral Environmental Agreements

Author : Britta Sjostedt
Publisher : Bloomsbury Publishing
Page : 336 pages
File Size : 42,7 Mb
Release : 2020-05-28
Category : Law
ISBN : 9781509922550

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The Role of Multilateral Environmental Agreements by Britta Sjostedt Pdf

The environment suffers enormously during armed conflicts and, despite the increasing awareness of the pressing need to protect the planet, devastating environmental damage can occur legally at times of war. This book suggests that – apart from the protection offered under law of armed conflict – environmental treaties or multilateral agreements (MEAs) can complement and strengthen environmental protection when war occurs. Previous research has focused on the protection offered under the law of armed conflict (in particular international humanitarian law) and customary international environmental law concerning wartime environmental damage, or whether environmental treaties remain applicable at times of armed conflict. This book, however, is the first in-depth scholarly examination of how environmental treaties can apply in wartime and how they can contribute to the protection of the environment in relation to armed conflict. It also offers an updated study of environmental protection under the law of armed conflict, including the latest developments in the International Law Commission's work on this underexplored topic.

The Environmental Consequences of War

Author : Jay E. Austin,Carl E. Bruch
Publisher : Cambridge University Press
Page : 720 pages
File Size : 54,8 Mb
Release : 2000-10-26
Category : Law
ISBN : 0521780209

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The Environmental Consequences of War by Jay E. Austin,Carl E. Bruch Pdf

The environmental devastation caused by military conflict has been witnessed in the wake of the Vietnam War, the Gulf War and the Kosovo conflict. This book brings together leading international lawyers, military officers, scientists and economists to examine the legal, political, economic and scientific implications of wartime damage to the natural environment and public health. The book considers issues raised by the application of humanitarian norms and legal rules designed to protect the environment, and the destructive nature of war. Contributors offer an analysis and critique of the existing law of war framework, lessons from peacetime environmental law, means of scientific assessment and economic valuation of ecological and public health damage, and proposals for future legal and institutional developments. This book provides a contemporary forum for interdisciplinary analysis of armed conflict and the environment, and explores ways to prevent and redress wartime environmental damage.

Law of the Environment and Armed Conflict

Author : Karen Hulme
Publisher : Edward Elgar Publishing
Page : 0 pages
File Size : 48,6 Mb
Release : 2017
Category : Environmental law, International
ISBN : 1786431106

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Law of the Environment and Armed Conflict by Karen Hulme Pdf

Forming part of a major series by Edward Elgar Publishing, Law of the Environment and Armed Conflict selects the most important and influential research articles relating to the protection of the environment in armed conflict. The book plots the trajectory of research on this issue from early weapons impacts and the Vietnam War, to the first major challenge for wartime environmental protections in the Gulf Conflict, liability for harm and possible future directions. With an original introduction by the editor, this single volume will be an essential resource for researchers and policy makers alike.

Environmental Protection and Transitions from Conflict to Peace

Author : Carsten Stahn,Jennifer S. Easterday,Jens Iverson
Publisher : Oxford University Press
Page : 513 pages
File Size : 41,8 Mb
Release : 2017
Category : Law
ISBN : 9780198784630

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Environmental Protection and Transitions from Conflict to Peace by Carsten Stahn,Jennifer S. Easterday,Jens Iverson Pdf

This book examines the protection of the environment in post-conflict societies, with regard both to the maintenance of natural ecosystems and to the function of environmental protection in the peace-building process, addressing the strengths and weaknesses of different bodies of law.

Climate Conflicts - A Case of International Environmental and Humanitarian Law

Author : Silke Marie Christiansen
Publisher : Springer
Page : 245 pages
File Size : 42,9 Mb
Release : 2016-05-10
Category : Law
ISBN : 9783319279459

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Climate Conflicts - A Case of International Environmental and Humanitarian Law by Silke Marie Christiansen Pdf

The book addresses the question of whether the currently available instruments of international environmental and international humanitarian law are applicable to climate conflicts. It clarifies the different pathways leading from climate change to conflict and offers an analysis of international environmental law embedded within the international doctrine of state responsibility. It goes on to discuss whether climate change amounts to an issue covered by Art. 2.4 UN Charter – the prohibition of the use of force. It then considers the possible application of international humanitarian law to climate conflicts. The book also offers a definition of the term “climate conflict”, drawing on legal as well as peace and conflict studies.

Armed Conflict, Women and Climate Change

Author : Jody M. Prescott
Publisher : Routledge
Page : 170 pages
File Size : 48,8 Mb
Release : 2018-11-21
Category : Business & Economics
ISBN : 9781315467191

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Armed Conflict, Women and Climate Change by Jody M. Prescott Pdf

The gender-differentiated and more severe impacts of armed conflict upon women and girls are well recognised by the international community, as demonstrated by UN Security Council Resolution (UNSCR) 1325 on Women, Peace and Security and subsequent resolutions. Similarly, the development community has identified gender-differentiated impacts upon women and girls as a result of the effects of climate change. Current research and analysis has reached no consensus as to any causal relationship between climate change and armed conflict, but certain studies suggest an indirect linkage between climate change effects such as food insecurity and armed conflict. Little research has been conducted on the possible compounding effects that armed conflict and climate change might have on at-risk population groups such as women and girls. Armed Conflict, Women and Climate Change explores the intersection of these three areas and allows the reader to better understand how military organisations across the world need to be sensitive to these relationships to be most effective in civilian-centric operations in situations of humanitarian relief, peacekeeping and even armed conflict. This book examines strategy and military doctrine from NATO, the UK, US and Australia, and explores key issues such as displacement, food and energy insecurity, and male out-migration as well as current efforts to incorporate gender considerations in military activities and operations. This innovative book will be of great interest to students and scholars of international relations, international development, international security, sustainability, gender studies and law.