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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: 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: Pierre-Marie Dupuy Publisher: Cambridge University Press ISBN: 1108539971 Category : Law Languages : en Pages : 597
Book Description
International Environmental Law offers a concise, conceptually clear, and legally rigorous introduction to contemporary international environmental law and practice. The book covers all major environmental agreements, paying particular attention to their underlying structure, main legal provisions, and practical operation. It blends legal and policy analysis, making extensive reference to the jurisprudence and scholarship, and addressing the interconnections with other areas of international law, including human rights, humanitarian law, trade and foreign investment. The material is structured into four sections - foundations, substantive regulation, implementation, and influence on other areas of international law - which help the reader to navigate the different areas of international environmental law. Each chapter includes charts summarising the main components of the relevant legal frameworks and provides a detailed bibliography. Suitable for practicing and academic international lawyers who want an accessible, up-to-date introduction to contemporary international environmental law, as well as non-lawyers seeking a concise and clear understanding of the subject.
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.
Author: Henrik Ringbom Publisher: Kluwer Law International B.V. ISBN: 9041106995 Category : Law Languages : en Pages : 286
Book Description
The number of global instruments affecting the law of marine environmental protection--both `soft' and `hard' law--grows constantly. Regional organizations have become increasingly concerned with matters affecting traditional freedoms of the seas. As a result, the law in this area has rapidly expanded, often creating competing or conflicting rules. Competing Norms in the Law of Marine Environmental Protection contains edited versions of the papers presented at a conference in the andÅland Islands, Finland, in August 1996, convened by the Department of Law of andÅbo Akademi University, Finland. It provides a detailed examination of current legal issues relating to the variety of rules and rule-makers in the field of marine environmental protection. It then goes further, relating the recent developments to international law in a wider context. The legal regime regulating ship safety and pollution prevention provides an excellent illustration of contemporary trends of international law in general and of the law of the sea and international environmental law in particular.
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Author: Sonja Ann Jozef Boelaert-Suominen
Author: Sonja Ann Josef Boelaert-Suominen
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: Pierre-Marie Dupuy
Author: Elizabeth Mrema
Author: Henrik Ringbom