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The Role of Multilateral Environmental Agreements: A Reconciliatory Approach to Environmental Protection in Armed Conflict

The Role of Multilateral Environmental Agreements: A Reconciliatory Approach to Environmental Protection in Armed Conflict

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509943937
  • 出版时间 November 2021
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Hardback Edition ISBN: 9781509922536
S$89.08
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  • 描述 
  • 大纲 
  • 详细

    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.

  • 1. Setting the Scene
    I. Introduction
    II. Scope of the Book
    III. Why Read this Book?
    2. Wartime Environmental Damage
    I. Introduction
    II. Categories of Wartime Environmental Damage
    III. Why Protect the Environment in Relation to Armed Conflict?
    3. Special Protection under the Law of Armed Conflict
    I. Introduction
    II. The Foundations of the Law of Armed Conflict
    III. Adopting Special Environmental Protection in Warfare
    IV. Prohibition on Environmental Modification Techniques: The ENMOD Convention
    V. Absolute Environmental Protection in Protocol I
    VI. Conclusions
    4. Special Environmental Protection under Customary International Law
    I. Introduction
    II. ICRC Customary Law Study and the Draft Principles of the International Law Commission
    III. Special Environmental Protection in Non-international Armed Conflicts
    IV. Conclusions
    5. General Protection under the Law of Armed Conflict
    I. Introduction
    II. Applying the General Rules of Protection to the Environment
    III. Turning the Environment into a Military Target
    IV. Understanding the Attacker
    V. Proportionality Test
    VI. Calculating the Unknown: The Principle of Precaution versus the Precautionary Approach
    VII. 'Greening' the Martens Clause
    VIII. Other Rules of Importance
    IX. Protection under the Weapons Conventions
    X. Conclusions
    6. International Environmental Treaties: A Missed Opportunity
    I. Introduction
    II. International Environmental Law at a Glance
    III. Explaining the Missed Opportunity
    IV. Applicability of MEAs During Armed Conflicts
    V. The Lex Specialis Rule During Armed Conflicts
    VI. Meaningless MEAs?
    VII. Conclusions
    7. New Approach: Reconciling International Environmental Law and the Law of Armed Conflict
    I. Introduction
    II. The World Heritage Convention and the Ramsar Convention
    III. Potential Normative Tensions
    IV. Adopting a Reconciliatory Approach
    V. The Elements that Enable MEAs to Reconcile
    VI. Reconciliation: Is it Possible?
    VII. Role of Treaty Institutions
    VIII. Conclusions
    8. Protection of World Heritage in Relation to Armed Conflict: The Case of the DRC
    I. Introduction
    II. The Armed Conflicts
    III. The Impact of Armed Conflicts on World Heritage Sites
    IV. The Application of the World Heritage Convention
    V. Contribution of the World Heritage Convention
    VI. Conclusions
    9. Protection of the Ramsar Sites in Relation to Armed Conflict: The Case of Mali
    I. Introduction
    II. The Armed Conflict
    III. Environmental Impacts and Rising Tensions in the Ramsar Sites
    IV. Application of the Ramsar Convention
    V. Contribution of the Ramsar Convention
    VI. Conclusions
    10. The Way Forward
    I. Introduction
    II. Shortcomings of the Law of Armed Conflict
    III. Exploring Other Options
    IV. New Outlook: From Lex Specialis to Reconciliation
    V. Factors Contributing to the Operation of MEAs in Relation to Armed Conflict
    VI. The Way Forward

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