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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: 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: 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: 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: Dale Stephens Publisher: ISBN: 9780409350814 Category : Military law Languages : en Pages : 403
Book Description
In a period of growing tensions within the maritime domain, this timely new book brings together a combination of academic and practical expertise to present an account of the critical areas of the law of naval warfare. It provides a comprehensive, academically rigorous and practically relevant treatment of the law applicable to naval conflicts that will be of value to governments and their advisers, defence forces, academics, students and historians. The extensive expert analysis of the key issues includes topics such as: ¿ Interaction with peacetime law of the sea ¿ Maritime zones ¿ Targeting, distinction and deception ¿ Submarine warfare ¿ Legal status of merchant vessels and direct participation in hostilities by civilians ¿ Blockade ¿ Prize law ¿ Non-International Armed Conflict at Sea ¿ New technologies and non-traditional vessels ¿ Hospital ships ¿ Intelligence collection ¿ Interaction with Australian domestic legal obligations ¿ Environmental issues
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Author: Sonja Ann Josef Boelaert-Suominen
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Author: Sonja Ann Jozef Boelaert-Suominen
Author: Sonja Ann Jozef Boelaert-Suominen
Author: Sonja Ann Jozef Boelaert-suominen
Author: Naval War College (U.S.)
Author: Sonja Ann Jozef Boelaert-Suominen
Author: Dale Stephens
Author: Michael N. Schmitt