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Climate Conflicts - A Case of International Environmental and Humanitarian Law

Climate Conflicts - A Case of International Environmental and Humanitarian Law
Author: Silke Marie Christiansen
Publisher: Springer
Total Pages: 260
Release: 2016-05-10
Genre: Law
ISBN: 3319279459
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The book addresses the question of whether the currently available instruments of international environmental and international humanitarian law are applicable to climate conflicts. It clarifies the different pathways leading from climate change to conflict and offers an analysis of international environmental law embedded within the international doctrine of state responsibility. It goes on to discuss whether climate change amounts to an issue covered by Art. 2.4 UN Charter – the prohibition of the use of force. It then considers the possible application of international humanitarian law to climate conflicts. The book also offers a definition of the term “climate conflict”, drawing on legal as well as peace and conflict studies.

Environmental Protection and Transitions from Conflict to Peace

Environmental Protection and Transitions from Conflict to Peace
Author: Carsten Stahn
Publisher: Oxford University Press
Total Pages: 513
Release: 2017
Genre: History
ISBN: 0198784635
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This book examines the protection of the environment in post-conflict societies, with regard both to the maintenance of natural ecosystems and to the function of environmental protection in the peace-building process, addressing the strengths and weaknesses of different bodies of law.

Protecting the Environment During Armed Conflict

Protecting the Environment During Armed Conflict
Author: Elizabeth Mrema
Publisher: UNEP/Earthprint
Total Pages: 88
Release: 2009
Genre: History
ISBN: 9789280730425
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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.

Armed Conflicts and the Environment

Armed Conflicts and the Environment
Author: Anne Dienelt
Publisher: Springer Nature
Total Pages: 362
Release: 2022-08-12
Genre: Law
ISBN: 3030993396
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The book rethinks the means of harmonization of prima facie norm conflicts in light of the multitude of international agreements across regimes. The methodology deployed in this book, which is referred to as complementation or complementary application, represents a novel approach by focusing on commonly shared objectives and a unifying ordre public transnational across fields of public international law that allow for a harmonization beyond traditional treaty interpretation. Fields of public international law, mainly the laws of armed conflict, international environmental law, and human rights law, apply simultaneously to questions regarding the environment and war. Such a coexistence challenges the unity of the international legal order, and it also challenges the means of harmonization across fields of public international law. However, eventually, the co-existence of several fields of public international law can result in a refinement of international law and enhanced legal protection. Diversification can also contribute to clarification or normative intensification in areas of parallel application of various fields and multilayered legal protection, demonstrating a counter-option to fragmentation.

Environmental Law of Armed Conflict

Environmental Law of Armed Conflict
Author: Nada Al-Duaij
Publisher: BRILL
Total Pages: 547
Release: 2021-10-25
Genre: Law
ISBN: 900448065X
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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.

Conflicts in International Environmental Law

Conflicts in International Environmental Law
Author: Rüdiger Wolfrum
Publisher: Springer Science & Business Media
Total Pages: 236
Release: 2003-07-22
Genre: Law
ISBN: 9783540405207
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This volume is an important contribution to both theoretical and practical approaches to solving contradictions and conflicts between the approaches, principles, objectives and regulations of international environmental agreements. The issue of the coordination and streamlining of environmental agreements is of growing importance regarding the increasing number of international regulations on the one hand and the urgency for effective instruments in the light of continuing environmental degradation on the other. This study will become an essential reference for scholars as well as practitioners working in the field of international environmental law.

International Law in the Era of Climate Change

International Law in the Era of Climate Change
Author: Rosemary Gail Rayfuse
Publisher: Edward Elgar Publishing
Total Pages: 401
Release: 2012-01-01
Genre: Law
ISBN: 1781006083
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'UN Secretary-General Ban Ki-moon has called Climate Change "the defining issue of our era". It presents international law and lawyers with a wide range of novel issues, practical as well as conceptual. These challenges are addressed in this volume with great authority by many of the leading international law scholars of our generation. It is an important and distinctive contribution to the burgeoning literature on an issue critical for the future of our planet.' – David Freestone, George Washington University, US Climate change will fundamentally affect every area of human endeavour, including the development of international law. This book maps the current and potential impacts of climate change on the norms, principles, rules and processes of international law. This timely study brings together a group of leading scholars in their respective fields of international law to examine the impacts of climate change, and our responses to it, on the whole spectrum of international legal regimes, including those dealing with everything from climate displacement, human rights, and international trade and investment, to the oceans, the environment, armed conflicts and the use of force, and outer-space. the volume also examines the impacts of climate change on the underlying principles and processes of international law including those relating to the making and enforcement of international law and to third party dispute resolution. the book shows that there is much more to dealing with climate change than negotiating one global climate change-specific regime. Other areas of international law can, and must, be included in the solution. In this way international law can maximise its coherence and its efficacy. This well-documented study will appeal to international lawyers, academics, policy makers, government employees, negotiators, practitioners, international legal theorists and anyone interested in climate change and how to maximise our international legal and policy responses to it.

Armed Conflict, Women and Climate Change

Armed Conflict, Women and Climate Change
Author: Jody M. Prescott
Publisher: Routledge
Total Pages: 170
Release: 2018-11-21
Genre: Business & Economics
ISBN: 1315467194
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The gender-differentiated and more severe impacts of armed conflict upon women and girls are well recognised by the international community, as demonstrated by UN Security Council Resolution (UNSCR) 1325 on Women, Peace and Security and subsequent resolutions. Similarly, the development community has identified gender-differentiated impacts upon women and girls as a result of the effects of climate change. Current research and analysis has reached no consensus as to any causal relationship between climate change and armed conflict, but certain studies suggest an indirect linkage between climate change effects such as food insecurity and armed conflict. Little research has been conducted on the possible compounding effects that armed conflict and climate change might have on at-risk population groups such as women and girls. Armed Conflict, Women and Climate Change explores the intersection of these three areas and allows the reader to better understand how military organisations across the world need to be sensitive to these relationships to be most effective in civilian-centric operations in situations of humanitarian relief, peacekeeping and even armed conflict. This book examines strategy and military doctrine from NATO, the UK, US and Australia, and explores key issues such as displacement, food and energy insecurity, and male out-migration as well as current efforts to incorporate gender considerations in military activities and operations. This innovative book will be of great interest to students and scholars of international relations, international development, international security, sustainability, gender studies and law.

The Environment

The Environment
Author: Johan Van der Vyver
Publisher:
Total Pages: 0
Release: 2012
Genre:
ISBN:
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International law relating to the environment has developed considerably during recent times, and considerations of state sovereignty can no longer stand in the way of internationally restrictions applying to conduct harmful to the natural environment, even in cases where the harmful conduct and its immediate impact are occur within the national borders of a single State. There is growing support for classifying protection of the environment as a matter of human rights law; if for no other reason, then simply because enforcement mechanisms of international human rights law is already highly developed. Emphasis in international environmental law is on civil liability. Criminal responsibility for conduct harmful to the environment is to a large extent confined to the domain of international humanitarian law, and more in particular to the rules of the law and customs that apply to international armed conflicts. Here, the emphasis is on individual criminal liability. Current concerns with regard to climate change and global warming might in the near future culminate in more emphatic and effective punitive procedures for the protection of the natural environment. In developing the above themes, special mention is made of jurisprudence of the International Court of Justice of the 1990's relating to the testing of nuclear weapons and its impact on the natural environment.

The Role of Multilateral Environmental Agreements

The Role of Multilateral Environmental Agreements
Author: Britta Sjöstedt
Publisher:
Total Pages: 336
Release: 2020
Genre: Electronic books
ISBN: 9781509922567
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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.