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Author: Publisher: ISBN: Category : Languages : en Pages : 374
Book Description
Recent international conflicts have raised fundamental questions about the relationship between international law and armed conflict. The notion that the rules of general international environmental law continue to apply during armed conflict is now well accepted, but the principles that are usually cited remain at a very high level of abstraction. In this paper, the author, a legal adviser in the Office of the Prosecutor for the International Criminal Tribunal for the former Yugoslavia, The Hague, examines the extent to which international law has developed more detailed rules to protect the environment in international armed conflict. After a discussion of the main legal issues, the author focuses on the marine environment, examining the relationship between naval warfare, on one hand, and multilateral environmental treaties on marine safety and the prevention of marine pollution, on the other. She argues that the majority of these treaties do not apply during armed conflict, either because war damage is expressly excluded or because the treaties do not apply to warships. As for the treaties that are in principle applicable during armed conflict, her analysis shows that, under international law, belligerent and neutral states have the legal right to suspend those treaties, wholly or in part. The author concludes that very few of the treaties considered take the new law of armed conflict into account and that there remains a need for more detailed rules on environmental standards for military operations. The paper concludes with an extensive bibliography of journal articles, books, manuals, monographs, symposia and conference reports, selected special reports, and selected official documents and publications.
Author: Publisher: ISBN: Category : Languages : en Pages : 374
Book Description
Recent international conflicts have raised fundamental questions about the relationship between international law and armed conflict. The notion that the rules of general international environmental law continue to apply during armed conflict is now well accepted, but the principles that are usually cited remain at a very high level of abstraction. In this paper, the author, a legal adviser in the Office of the Prosecutor for the International Criminal Tribunal for the former Yugoslavia, The Hague, examines the extent to which international law has developed more detailed rules to protect the environment in international armed conflict. After a discussion of the main legal issues, the author focuses on the marine environment, examining the relationship between naval warfare, on one hand, and multilateral environmental treaties on marine safety and the prevention of marine pollution, on the other. She argues that the majority of these treaties do not apply during armed conflict, either because war damage is expressly excluded or because the treaties do not apply to warships. As for the treaties that are in principle applicable during armed conflict, her analysis shows that, under international law, belligerent and neutral states have the legal right to suspend those treaties, wholly or in part. The author concludes that very few of the treaties considered take the new law of armed conflict into account and that there remains a need for more detailed rules on environmental standards for military operations. The paper concludes with an extensive bibliography of journal articles, books, manuals, monographs, symposia and conference reports, selected special reports, and selected official documents and publications.
Author: Sonja Ann Jozef Boelaert-Suominen Publisher: ISBN: Category : Environmental law Languages : en Pages : 416
Book Description
Recent international conflicts have raised fundamental questions about the relationship between international law and armed conflict. The notion that the rules of general international environmental law continue to apply during armed conflict is now well accepted, but the principles that are usually cited remain at a very high level of abstraction. In this paper, the author, a legal adviser in the Office of the Prosecutor for the International Criminal Tribunal for the former Yugoslavia, The Hague, examines the extent to which international law has developed more detailed rules to protect the environment in international armed conflict. After a discussion of the main legal issues, the author focuses on the marine environment, examining the relationship between naval warfare, on one hand, and multilateral environmental treaties on marine safety and the prevention of marine pollution, on the other. She argues that the majority of these treaties do not apply during armed conflict, either because war damage is expressly excluded or because the treaties do not apply to warships. As for the treaties that are in principle applicable during armed conflict, her analysis shows that, under international law, belligerent and neutral states have the legal right to suspend those treaties, wholly or in part. The author concludes that very few of the treaties considered take the new law of armed conflict into account and that there remains a need for more detailed rules on environmental standards for military operations. The paper concludes with an extensive bibliography of journal articles, books, manuals, monographs, symposia and conference reports, selected special reports, and selected official documents and publications.
Author: Publisher: ISBN: Category : Languages : en Pages : 380
Book Description
HISTORICAL EVIDENCE OF GENUINE CONCERN about the impact of war on the human environment can be found since the earliest civilizations. Yet, the history of war is replete with examples of serious devastation of the enemy's land and property. The relationship between peacetime human activities and the environment is in the stage of advanced public debate and scholarly attention, and much progress has been made in recent years regarding the development of appropriate instruments and institutions pertaining to the protection of the environment in peacetime. The cornerstone of modern International Environmental Law is the prohibition of transfrontier pollution, according to which, States have the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or to areas beyond national jurisdiction. In addition, there is now a substantial body of international treaties laying down detailed regimes for various environmental sectors. Recent international conflicts, such as the 1980-1988 Iran-Iraq and the 1990-1991 Gulf wars, have raised fundamental questions about the relationship between modern International Environmental Law and armed conflict. The notion that rules of general International Environmental Law continue to apply during armed conflict is now well accepted. In its 1996 Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons, the International Court of Justice stressed that "the obligations of States to respect and protect the natural environment," applied equally "to the actual use of nuclear weapons in armed conflict."1 However, the international legal principles for the protection of the environment in armed conflict which are usually cited, remain at a very high level of abstraction. In the above advisory opinion, the Court offered the following broad statement.
Author: Sonja Ann Jozef Boelaert-suominen Publisher: Createspace Independent Pub ISBN: 9781478398820 Category : History Languages : en Pages : 384
Book Description
The cornerstone of modern International Environmental Law is the prohibition of transfrontier pollution: states have the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other states or of areas beyond national jurisdiction. In addition, there is now a substantial body of international treaties laying down detailed regimes for various environmental sectors. Relatedly, recent international conflicts have raised fundamental questions about the relationship between international law and armed conflict. The notion that the rules of general international environmental law continue to apply during armed conflict is now well accepted, but the principles that are usually cited remain at a very high level of abstraction. Dr. Sonja Ann JozefBoelaert-Suominen, legal adviser in the Office of the Prosecutor for the International Criminal Tribunal for the former Yugoslavia, in the Hague, the Netherlands, examines the extent to which international law has developed more detailed rules to protect the environment in international armed conflict. After a discussion of the main legal issues, the author focuses on the marine environment, examining the relationship between naval warfare, on one hand, and multilateral environmental treaties on marine safety and the prevention of marine pollution, on the other. Dr. Boelaert-Suominen argues that the majority of these treaties do not apply during armed conflict, either because war damage is expressly excluded or because the treaties do not apply to warships. As for the treaties that are in principle applicable during armed conflict, her analysis shows that, under international law, belligerent and neutral states have the legal right to suspend those treaties, wholly or in part. The author concludes that very few of the treaties considered take the new law of armed conflict into account and that there remains a need for more detailed rules on environmental standards for military operations. In 1996, the Naval War College International Law Studies published volume 69 in its "Blue Book" series-Protection of the Environment during Armed Conflict. This compilation of papers was written for and presented at the Law of Naval Warfare Symposium on the Protection of the Environment during Armed Conflict and other Military Operations, held at the Naval War College in 1995. Contributors to this conference suggested the necessity for a thorough study of the relationship between environmental treaties and the laws of war.
Author: Rosemay Rayfuse Publisher: Martinus Nijhoff Publishers ISBN: 9004270655 Category : Law Languages : en Pages : 244
Book Description
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: Elizabeth Mrema Publisher: UNEP/Earthprint ISBN: 9789280730425 Category : History Languages : en Pages : 88
Book Description
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.
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Author: Sonja Ann Jozef Boelaert-Suominen
Author: Sonja Ann Josef Boelaert-Suominen
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Author: Sonja Ann Jozef Boelaert-suominen
Author: Naval War College (U.S.)
Author: Sonja Ann Jozef Boelaert-Suominen
Author: Sonja Ann Jozef Boelaert-Suominen
Author: Rosemay Rayfuse
Author: Elizabeth Mrema