Conflicts in International Environmental Law
Title | Conflicts in International Environmental Law PDF eBook |
Author | Rüdiger Wolfrum |
Publisher | Springer Science & Business Media |
Pages | 236 |
Release | 2003-07-22 |
Genre | Law |
ISBN | 9783540405207 |
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.
The Environment-Conflict Nexus in International Law
Title | The Environment-Conflict Nexus in International Law PDF eBook |
Author | Eliana Cusato |
Publisher | Cambridge University Press |
Pages | 307 |
Release | 2021-09-16 |
Genre | Law |
ISBN | 1108837522 |
Unpacks key assumptions about the 'environment', its relationship with violent conflict, and the justification for its protection underlying international law.
Climate Conflicts - A Case of International Environmental and Humanitarian Law
Title | Climate Conflicts - A Case of International Environmental and Humanitarian Law PDF eBook |
Author | Silke Marie Christiansen |
Publisher | Springer |
Pages | 260 |
Release | 2016-05-10 |
Genre | Law |
ISBN | 3319279459 |
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.
International Law in the Era of Climate Change
Title | International Law in the Era of Climate Change PDF eBook |
Author | Rosemary Gail Rayfuse |
Publisher | Edward Elgar Publishing |
Pages | 401 |
Release | 2012-01-01 |
Genre | Law |
ISBN | 1781006083 |
'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.
Protecting the Environment During Armed Conflict
Title | Protecting the Environment During Armed Conflict PDF eBook |
Author | Elizabeth Mrema |
Publisher | UNEP/Earthprint |
Pages | 88 |
Release | 2009 |
Genre | History |
ISBN | 9789280730425 |
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.
Environmental Protection and Transitions from Conflict to Peace
Title | Environmental Protection and Transitions from Conflict to Peace PDF eBook |
Author | Carsten Stahn |
Publisher | Oxford University Press |
Pages | 513 |
Release | 2017-10-13 |
Genre | Law |
ISBN | 0191087580 |
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.
Armed Conflicts and the Environment
Title | Armed Conflicts and the Environment PDF eBook |
Author | Anne Dienelt |
Publisher | Springer Nature |
Pages | 362 |
Release | 2022-08-12 |
Genre | Law |
ISBN | 3030993396 |
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.