Environmental Protection and the Law of War PDF Download

Author: Glen Plant
Publisher: CRC Press
ISBN:
Category : Law
Languages : en
Pages : 312

View

Book Description
The Gulf War has focused attention on the environmental dimensions of armed conflict. This authoritative book summarizes and exemplifies the main themes and tenets of international law in relation to war and the environment. It brings together the pronouncements and opinions of legal authorities from varied backgrounds and jurisdictions to produce a comprehensive examination of the topic. After a broad introductory essay by the editor, succeeding chapters deal with scientific aspects of the impact of war on the environment; existing international law; problems in negotiating a new treaty and a proposal for a new International Convention of Environmental Protection in War (The Fifth Geneva).

Author: Jay E. Austin
Publisher: Cambridge University Press
ISBN: 9780521780209
Category : Law
Languages : en
Pages : 720

View

Book Description
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: Nada Al-Duaij
Publisher: BRILL
ISBN: 900448065X
Category : Law
Languages : en
Pages : 547

View

Book Description
This timely study examines how the environmental impact of modern warfare violates fundamental principles of international environmental and humanitarian laws and why these consideration need to be included in rules of armed conflict. If direct attacks on innocent civilians are universally recognized as unacceptable then environ-mental devastation of their habitat by acts of war must also be recognized as an unacceptable consequence of armed conflict. The author presents the case that the international community understand its responsibility to curb environ-mental consequences of modern weaponry and incorporate environmental concerns into the conventions regulating armed conflict. Published under the Transnational Publishers imprint.

Author: Karen Hulme
Publisher: Martinus Nijhoff Publishers
ISBN: 900413848X
Category : Law
Languages : en
Pages : 375

View

Book Description
This book analyses 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.

Author: Karen Hulme
Publisher: Edward Elgar Publishing
ISBN: 9781786431103
Category : Environmental law, International
Languages : en
Pages : 0

View

Book Description
Forming part of a major series by Edward Elgar Publishing, Law of the Environment and Armed Conflict selects the most important and influential research articles relating to the protection of the environment in armed conflict. The book plots the trajectory of research on this issue from early weapons impacts and the Vietnam War, to the first major challenge for wartime environmental protections in the Gulf Conflict, liability for harm and possible future directions. With an original introduction by the editor, this single volume will be an essential resource for researchers and policy makers alike.

Author: N.P. Gleditsch
Publisher: Springer Science & Business Media
ISBN: 940158947X
Category : Nature
Languages : en
Pages : 626

View

Book Description
Nils Petter Gleditsch International Peace Research Institute, Oslo (PRIO) & Department of Sociology and Political Science, Norwegian University of Science and Technology, Trond heim This book could hardly have happened but for the end of the Cold War. The decline of the East-West conflict has opened up the arena for increased attention to other lines of conflict, in Europe and at the global level. Environmental disruption, not a new phenomenon by any means, is a chief beneficiary of the shift in priorities in the public debate. The Scientific and Environmental Affairs Divi sion of NATO has moved with the times and has defined environmental security as one of its priority areas for cooperation with Central and Eastern Europe and countries of the former Soviet Union. This book is the main output of an Advanced Research Workshop (ARW), held in Bolkesjl/l, Norway, 12-16 June 1996. I would like to acknowledge the personal support of L. Veiga da Cunha, Director of the Priority Area on Environmental Security. Research on these issues is now very much a collaborative effort across former lines of division in Europe. NATO encourages, indeed requires, that this be reflected in the composition of the participants, as well as the organizing committee. This meeting was organized by a group of five people from five different countries: Lothar Brock (Germany), Nils Petter Gleditsch (Norway), Thomas Homer-Dixon (Canada), Renat Perelet (Co-Director, Russia), and Evan Vlachos (USA).

Author: Carsten Stahn
Publisher: Oxford University Press
ISBN: 0191087580
Category : Law
Languages : en
Pages : 513

View

Book Description
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: Elizabeth Mrema
Publisher: UNEP/Earthprint
ISBN: 9789280730425
Category : History
Languages : en
Pages : 88

View

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: Steven Freeland
Publisher:
ISBN: 9781780683140
Category : Law
Languages : en
Pages : 362

View

Book Description
Acts perpetrated during the course of warfare have, through the ages, led to significant environmental destruction. These have included situations where the natural environment has intentionally been targeted as a 'victim', or has somehow been manipulated to serve as a 'weapon' of warfare. Until recently, such acts were generally regarded as an unfortunate but unavoidable element of armed conflict, despite their potentially disastrous impacts. The existing international rules have largely been ineffective and inappropriate, and have in practical terms done little to deter deliberate environmental destruction, particularly when measured against perceived military advantages. However, as the significance of the environment has come to be more widely understood and recognised, this is no longer acceptable, particularly given the ongoing development of weapons capable of widespread and significant damage. This book therefore examines the current international legal regime relevant to the intentional destruction of the environment during warfare, and argues that such acts should, in appropriate circumstances, be recognised as an international crime and should be subject to more effective rules giving rise to international criminal responsibility. It also suggests a framework within the Rome Statute of the International Criminal Court as to how this might be achieved. 'The purpose of international law has developed far beyond regulating relations between States, and has increasingly extended to prohibit conduct or activities with very harmful effects to the international community as a whole, and on individuals. One such prohibited conduct is the intentional and wanton destruction to the natural environment during armed conflict. Professor Freeland, in this book, has painstakingly and in a sophisticated manner recommended how individuals committing such a crime could be brought within the jurisdiction of the International Criminal Court in The Hague. It is highly recommended.' Abdul G. Koroma, former Judge, International Court of Justice 'Whilst international law has made significant strides in regulating the conduct of armed conflict, there is increasing concern about the environmental impacts of warfare. Deliberate environmental destruction can have devastating effects on present and future generations; yet, in terms of international criminal law, there has been relatively little by way of progress to deter such acts. This book is therefore extremely timely and presents a comprehensive and thought-provoking perspective as to why and how this concern could be addressed. With its insightful analysis, the book will undoubtedly stimulate further debate in this area, and is highly recommended to all those concerned with the impact of armed conflict on the natural environment.' Erkki Kourula, Judge, International Criminal Court (Appeals Chamber) 'Steven Freeland argues in favor of adding crimes against the environment to international law and to the jurisdiction of the International Criminal Court. His writing is pragmatic, skillful, and also full of heart. His is the most convincing argument for a proposition well ahead of its time. His book is a must-read. Freeland's research is compendious, his view clear-eyed, and his style gifted. Freeland's book, however, transcends environmental protection. He is among the fore-runners when it comes to thinking creatively about the sources of violence, insecurity, and instability in the international order. Yet, all the while, he retains the wisdom not to posit law as rapture saving us from collective rupture.' Mark A. Drumbl, Class of 1975 Alumni Professor of Law and Director of the Transnational Law Institute, Washington and Lee University

Author: Ken Conca
Publisher: Woodrow Wilson Center Press
ISBN: 9780801871931
Category : History
Languages : en
Pages : 268

View

Book Description
Eight contributions written by professors of political science, government, and politics as well as researchers and program directors for environmental change, energy, and security projects provide insight into the process of environmental peacemaking, based on their experiences in a variety of international regions. An initial chapter makes a case for the process; successive chapters address the Baltic, South Asia, the Aral Sea basin, southern Africa, the Caspian Sea, and the US-Mexican border. Annotation (c)2003 Book News, Inc., Portland, OR (booknews.com).