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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).
Environmental Protection and the Law of War by Glen Plant Pdf
An authoritative, timely work focusing on the main themes and tenets of international law in relation to war and the environment. Existing international law, problems in negotiating a new treaty and elements that may be included in a new multinational convention on environmental protection in wartime are among the issues discussed. Also features views and comments from eminent legal experts on the topics raised.
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.
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.
Author : Jay E. Austin,Carl E. Bruch Publisher : Cambridge University Press Page : 720 pages File Size : 45,9 Mb Release : 2000-10-26 Category : Law ISBN : 0521780209
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.
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.
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.
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.
Environmental Protection and Transitions from Conflict to Peace by Carsten Stahn,Jens Iverson,Jennifer S. Easterday Pdf
This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. Environmental protection is fundamental for the establishment of sustainable peace. Applying traditional legal approaches to protection raises particular challenges during the transition from conflict to peace. In the jus post bellum context, protection of the environment and natural resources needs to be considered in tandem with a broad range of simultaneously applicable normative frameworks, such as human rights, transitional justice, arms control/disarmament, UN law and practice, development, and domestic law. While certain multilateral environment agreements, such as the Convention Concerning the Protection of the World Cultural and Natural Heritage protect the environment; international humanitarian law and international criminal law continue to treat environmental protection largely from an anthropocentric perspective. This book is the first targeted work in the legal literature that investigates environmental challenges in the aftermath of conflict. Addressing these challenges, it brings together academics, policy-makers, and practitioners from different disciplines to clarify policies and practices of environmental protection and key normative frameworks. It draws on experiences and practices in post-conflict settings to specify substantive principles and techniques to remedy and prevent harm.
Conflict and the Environment by N.P. Gleditsch Pdf
The end of the Cold War has opened up the arena for increased attention to other lines of conflict, both in Europe and globally. Environmental disruption - by no means a new phenomenon - is a chief beneficiary of the shift in priorities in the public debate. The Scientific and Environmental Affairs Division of NATO has moved with the times and has defined environmental security as one of the priority areas for its cooperation with Central and Eastern Europe and countries of the former Soviet Union. Research on these issues is now thus very much a collaborative effort across former lines of division in Europe. The Introduction by Sverre Stub sets the tone: Our Future - Common, or None at All. The book reveals the very real risks associated with environmental degradation, whether of the land, waters or the oceans, and charts out previous disputes and points to the very real danger of violent conflict associated with the drying up of natural resources. The book ends with a section on Responses, which seeks to provide answers to the threats discussed in the preceding sections.
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, 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.
Author : William A. Wilcox, Jr. Publisher : Government Institutes Page : 189 pages File Size : 44,5 Mb Release : 2007-04-16 Category : Law ISBN : 9781591919759
The Modern Military and the Environment by William A. Wilcox, Jr. Pdf
The battle is an old one: man versus nature. And in modern society, man includes the military. Machines. Chemicals. Who wins the battle and at what cost? This practical analysis of the conflict between national security requirements and environmental responsibility looks at just that. William Wilcox examines the most common environmental issues that the military faces during wartime and peacetime and provides an introduction to the legal authorities, including statutes, regulations, and executive orders, governing the application of environmental law to military activities.
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 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.
