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Author : Allan Jacob Greenbaum,Alex Wellington,Ellen Baar
Publisher : Unknown
Page : 278 pages
File Size : 52,8 Mb
Release : 1995
Category : Environmental law
ISBN : STANFORD:36105060456725
Author : Silke Marie Christiansen
Publisher : Springer
Page : 245 pages
File Size : 45,8 Mb
Release : 2016-05-10
Category : Law
ISBN : 9783319279459
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.
Author : Avi Brisman,Nigel South,Rob White
Publisher : Ashgate Publishing, Ltd.
Page : 345 pages
File Size : 44,9 Mb
Release : 2015-03-28
Category : Law
ISBN : 9781472422224
This impressive collection of original essays explores the relationship between social conflict and the environment - a topic that has received little attention within criminology. The chapters provide a systematic and comprehensive introduction and overview of conflict situations stemming from human exploitation of environments, as well as the impact of social conflicts on the wellbeing and health of specific species and ecosystems. Largely informed by green criminology perspectives, the chapters in the book are intended to stimulate new understandings of the relationships between humans and nature through critical evaluation of environmental destruction and degradation associated with social conflicts occurring around the world. With a goal of creating a typology of environment-social conflict relationships useful for green criminological research, this study is essential reading for scholars and academics in criminology, as well as those interested in crime, law and justice.
Author : Carsten Stahn,Jens Iverson,Jennifer S. Easterday
Publisher : Oxford University Press
Page : 513 pages
File Size : 46,5 Mb
Release : 2017-10-13
Category : Law
ISBN : 9780191087585
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.
Author : Onita Das
Publisher : Edward Elgar Publishing
Page : 289 pages
File Size : 40,5 Mb
Release : 2013-01-01
Category : Nature
ISBN : 9781781004685
'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 : Avi Brisman,Nigel South,Rob White
Publisher : Routledge
Page : 344 pages
File Size : 45,5 Mb
Release : 2016-03-09
Category : Law
ISBN : 9781317142300
This impressive collection of original essays explores the relationship between social conflict and the environment - a topic that has received little attention within criminology. The chapters provide a systematic and comprehensive introduction and overview of conflict situations stemming from human exploitation of environments, as well as the impact of social conflicts on the wellbeing and health of specific species and ecosystems. Largely informed by green criminology perspectives, the chapters in the book are intended to stimulate new understandings of the relationships between humans and nature through critical evaluation of environmental destruction and degradation associated with social conflicts occurring around the world. With a goal of creating a typology of environment-social conflict relationships useful for green criminological research, this study is essential reading for scholars and academics in criminology, as well as those interested in crime, law and justice.
Author : Malayna Raftopoulos
Publisher : Routledge
Page : 187 pages
File Size : 44,5 Mb
Release : 2018-12-07
Category : Political Science
ISBN : 9781351135610
This book focuses on the issues of global environmental injustice and human rights violations and explores the scope and limits of the potential of human rights to influence environmental justice. It offers a multidisciplinary perspective on contemporary development discussions, analysing some of the crucial challenges, contradictions and promises within current environmental and human rights practices in Latin America. The contributors examine how the extraction and exploitation of natural resources and the further commodification of nature have affected local communities in the region and how these policies have impacted on the promotion and protection of human rights as communities struggle to defend their rights and territories. The book analyses the emergence of transnational activism in the context of collective action organised around socio-environmental conflicts, the infringement of basic human rights and the emergence of alternative and sometimes conflicting development models. Furthermore, it critically discusses why governments are often willing to override their commitments to sustainability and human rights to promote their development agenda. The chapters originally published as a special issue in The International Journal of Human Rights.
Author : Rüdiger Wolfrum,Nele Matz
Publisher : Springer Science & Business Media
Page : 236 pages
File Size : 42,6 Mb
Release : 2003-07-22
Category : Law
ISBN : 3540405208
This volume is an important contribution to both theoretical and practical approaches to solving contradictions and conflicts between the approaches, principles, objectives and regulations of international environmental agreements. The issue of the coordination and streamlining of environmental agreements is of growing importance regarding the increasing number of international regulations on the one hand and the urgency for effective instruments in the light of continuing environmental degradation on the other. This study will become an essential reference for scholars as well as practitioners working in the field of international environmental law.
Author : Rosemay Rayfuse
Publisher : Martinus Nijhoff Publishers
Page : 244 pages
File Size : 42,8 Mb
Release : 2014-09-18
Category : Law
ISBN : 9789004270657
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.
Author : Carsten Stahn,Jennifer S. Easterday,Jens Iverson
Publisher : Oxford University Press
Page : 513 pages
File Size : 41,7 Mb
Release : 2017
Category : Law
ISBN : 9780198784630
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.
Author : Darcy Tetreault,Cindy McCulligh,Carlos Lucio
Publisher : Springer
Page : 303 pages
File Size : 54,6 Mb
Release : 2018-03-10
Category : Political Science
ISBN : 9783319739458
What are the political economic conditions that have given rise to increasing numbers of social environmental conflicts in Mexico? Why do these conflicts arise in some local and regional contexts and not in others? How are social environmental movements constructed and sustained? And what are the alternatives? These are the questions that this book seeks to address. It is organized into three parts. The first provides a panoramic view of social environmental conflicts in Mexico and of alternatives that are being constructed from below in rural areas. It also provides an analysis of the recent reforms to open the country’s energy sector to private and foreign investment. The second is comprised of local-level case studies of conflict (and no conflict) in diverse geographic locations and cultural settings, particularly in relation to the construction of wind farms, hydraulic infrastructure, industrial water pollution, and groundwater overdraft. The third explores alternatives from below in the form of community-based ecotourism and traditional mezcal production. A concluding chapter engages comparative and global analysis.
Author : Marie-Catherine Petersmann
Publisher : Cambridge University Press
Page : 317 pages
File Size : 41,5 Mb
Release : 2022-10-27
Category : Law
ISBN : 9781009027984
Conflicts between environmental protection laws and human rights present delicate trade-offs when concerns for social and ecological justice are increasingly intertwined. This book retraces how the legal ordering of environmental protection evolved over time and progressively merged with human rights concerns, thereby leading to a synergistic framing of their relation. It explores the world-making effects this framing performed by establishing how 'humans' ought to relate to 'nature', and examines the role played by legislators, experts and adjudicators in (re)producing it. While it questions, contextualises and problematises how and why this dominant framing was construed, it also reveals how the conflicts that underpin this relationship – and the victims they affect – mainly remained unseen. The analysis critically evaluates the argumentative tropes and adjudicative strategies used in the environmental case-law of regional courts to understand how these conflicts are judicially mediated, thereby opening space for new modes of politics, legal imagination and representation.
Author : Jay E. Austin,Carl E. Bruch
Publisher : Cambridge University Press
Page : 720 pages
File Size : 52,9 Mb
Release : 2000-10-26
Category : Law
ISBN : 0521780209
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.
Author : Karen Hulme
Publisher : BRILL
Page : 374 pages
File Size : 40,5 Mb
Release : 2004-08-01
Category : Law
ISBN : 9789047405344
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.
Author : Günther Baechler
Publisher : Springer Science & Business Media
Page : 352 pages
File Size : 53,5 Mb
Release : 2013-03-09
Category : Science
ISBN : 9789401591751
Since all-out interstate wars for the time being seem to belong to the past, con flict studies focus more and more on domestic conflicts. This is a broad field, not only because the arbitrary line between war and sub-war violence disap pears and the analyst is confronted with phenomena reaching from criminal violence and clashes between communities to violent conflicts of long duration and civil wars with massacres and genocides as their characteristics. It is also because there are so many different types of conflicts to be analyzed, so many different types of behavior to be studied, whereas there is often little informa tion available on what is really going on. Against the background of internal conflicts, which tend to be as protracted as diffuse in terms of time, intensity, actors, and their goals, this study aims to follow a specific pathway through the current thicket of violent circumstances. It focuses on causation patterns by exploring the causal role of the environ mental factor in the genesis of violent conflicts occurring today and probably even more so tomorrow. This approach, which for once does not focus on a specific level of the conflict system, on one area in the conflict geography, or on a specific category of actors, analyzes causation dynamics.