War Torn Environment Interpreting The Legal Threshold
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War Torn Environment Interpreting The Legal Threshold
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Author : Karen Hulme
language : en
Publisher: BRILL
Release Date : 2004-08-01
War Torn Environment Interpreting The Legal Threshold written by Karen Hulme and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-08-01 with Law categories.
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 Use Of Nuclear Weapons And The Protection Of The Environment During International Armed Conflict
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Author : Erik V Koppe
language : en
Publisher: Bloomsbury Publishing
Release Date : 2008-04-25
The Use Of Nuclear Weapons And The Protection Of The Environment During International Armed Conflict written by Erik V Koppe and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-04-25 with Law categories.
In 1996, the International Court of Justice delivered an Advisory Opinion on the legality of the use of nuclear weapons in which the Court stated that "while the existing international law relating to the protection and safeguarding of the environment does not specifically prohibit the use of nuclear weapons it indicates important environmental factors that are properly to be taken into account in the context of the implementation of the principles and rules of the law applicable in armed conflict." The present work analyses this conclusion, focusing on the question whether or not the use of nuclear weapons during international armed conflict would violate existing norms of public international law relating to the protection and safeguarding of the environment. Although the use of weaponry during armed conflict is usually related to the protection of individuals, the rapidly emerging appreciation of, and the worldwide realization of the intrinsic value of, the natural environment as an indispensable asset for the continuation of life, including human life, on this planet, both for present and future generations, warrants a thorough and extensive examination of the question of the (il)legality of the employment of nuclear weapons from the point of view of international environmental protection law. The book consists of two parts. Part I discusses the historical development and the effects of nuclear weapons; Part II discusses the protection of the environment during international armed conflict under ius in bello, ius ad bellum and ius pacis. Only then is it possible to assess the legality of the use of nuclear weapons under this particular set of rules.
Armed Conflict And Environmental Damage
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Author : Dr. U C Jha
language : en
Publisher: Vij Books India Pvt Ltd
Release Date : 2014-08-01
Armed Conflict And Environmental Damage written by Dr. U C Jha and has been published by Vij Books India Pvt Ltd this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-08-01 with Political Science categories.
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
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Author : Rosemay Rayfuse
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2014-09-18
War And The Environment written by Rosemay Rayfuse and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-18 with Law categories.
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.
Yearbook Of International Environmental Law 2008
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Author : Ole Kristian Fauchald
language : en
Publisher: Oxford University Press, USA
Release Date : 2010-01-17
Yearbook Of International Environmental Law 2008 written by Ole Kristian Fauchald and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-17 with Language Arts & Disciplines categories.
Transition to Journals From Volume 19, the Yearbook of International Environmental Law will be available as online only, print only, or combined print and online subscriptions from Oxford Journals. The Yearbook of International Environmental Law archive is available immediately from January 2011. Customers wishing to take out a subscription can do so by clicking through to the yearbook's journal page: http://yielaw.oxfordjournals.org/ The Yearbook of International Environmental Law will benefit from a number of additional features made possible by online publication: Publish ahead of print - Articles will appear online throughout the year, granting subscribers immediate access to the latest developments in both HTML and PDF formats, without needing to wait for the print volume Email alerts - Anyone can sign up to receive Yearbook of International Environmental Law content alerts - both of the annual volume and of content published throughout the year Searchable archive - The entire archive back to 1996 will be made available to Yearbook of International Environmental Law subscribers The Yearbook of International Environmental Law has established itself as a vital source of information and analysis in an increasingly important legal field. The contributors for this volume are drawn from leading figures around the world who, together with the expert team of editors, have created the best source of information on world-wide events in this field. The article section contains high quality essays on topical subjects and the year-in-review section offers a round-up of legal developments in every part of the world. The third section of the Yearbook contains extenstive reviews of recently published books in the area.
Environmental Protection Security And Armed Conflict
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Author : Onita Das
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-01-01
Environmental Protection Security And Armed Conflict written by Onita Das and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-01 with Nature categories.
'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.
New War Technologies And International Law
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Author : Kobi Leins
language : en
Publisher: Cambridge University Press
Release Date : 2022-02-03
New War Technologies And International Law written by Kobi Leins and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-03 with Law categories.
This book analyses how existing international law limits the use of means of warfare utilising the properties of nanomaterials.
Cyber Warfare And The Laws Of War
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Author : Heather Harrison Dinniss
language : en
Publisher: Cambridge University Press
Release Date : 2012-07-19
Cyber Warfare And The Laws Of War written by Heather Harrison Dinniss and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-07-19 with Law categories.
An analysis of the status of computer network attacks in international law.
The Role Of Multilateral Environmental Agreements
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Author : Britta Sjostedt
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-05-28
The Role Of Multilateral Environmental Agreements written by Britta Sjostedt and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-28 with Law categories.
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.
Protecting The Environment During Armed Conflict
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Author : Elizabeth Mrema
language : en
Publisher: UNEP/Earthprint
Release Date : 2009
Protecting The Environment During Armed Conflict written by Elizabeth Mrema and has been published by UNEP/Earthprint this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with History categories.
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.