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The Environment Conflict Nexus In International Law
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Book Synopsis The Environment-Conflict Nexus in International Law by : Eliana Cusato
Download or read book The Environment-Conflict Nexus in International Law written by Eliana Cusato and published by Cambridge University Press. This book was released on 2021-09-16 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unpacks key assumptions about the 'environment', its relationship with violent conflict, and the justification for its protection underlying international law.
Book Synopsis Climate Conflicts - A Case of International Environmental and Humanitarian Law by : Silke Marie Christiansen
Download or read book Climate Conflicts - A Case of International Environmental and Humanitarian Law written by Silke Marie Christiansen and published by Springer. This book was released on 2016-05-10 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Conflicts in International Environmental Law by : Rüdiger Wolfrum
Download or read book Conflicts in International Environmental Law written by Rüdiger Wolfrum and published by Springer Science & Business Media. This book was released on 2003-07-22 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Environmental Protection and Transitions from Conflict to Peace by : Carsten Stahn
Download or read book Environmental Protection and Transitions from Conflict to Peace written by Carsten Stahn and published by Oxford University Press. This book was released on 2017 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis War and the Environment by : Rosemay Rayfuse
Download or read book War and the Environment written by Rosemay Rayfuse and published by Martinus Nijhoff Publishers. This book was released on 2014-09-22 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: The chapters in this volume have their origins in papers presented at a Workshop held at Lund University in Sweden. The Workshop gathered together experts from Europe, the United States and Australia, including leading academics as well as representatives from the ICRC, the Swedish, Norwegian and Danish Red Cross Societies and the Swedish and Norwegian governments, to examine the relevance and adequacy of the existing regime for environmental protection during armed conflict as well as the ability of other international legal mechanisms to contribute to the amelioration of damage to the environment arising as a result of or in relation to armed conflict.
Book Synopsis Protecting the Environment During Armed Conflict by : Elizabeth Mrema
Download or read book Protecting the Environment During Armed Conflict written by Elizabeth Mrema and published by UNEP/Earthprint. This book was released on 2009 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis International Law in the Era of Climate Change by : Rosemary Gail Rayfuse
Download or read book International Law in the Era of Climate Change written by Rosemary Gail Rayfuse and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: '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.
Book Synopsis War Torn Environment: Interpreting the Legal Threshold by : Karen Hulme
Download or read book War Torn Environment: Interpreting the Legal Threshold written by Karen Hulme and published by BRILL. This book was released on 2004-08-01 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the recent past the horrors of war have been demonstrated all too vividly. Who would have believed that after Nuremberg there would be any further need for war crimes tribunals, or for the creation of an international criminal court? But, whilst people in conflict countries suffer the mental and physical scars from military bombardment, they also suffer the silent legacy of environmental pollution. The world functions as one large ecosystem: the contamination of one element inevitably feeding into another. Pollution in peacetime has been greatly reduced, but what is the wartime cost to the environment? Wartime weaponry and tactics are strictly controlled by the principles of humanitarian law, but international law can be a slow creature. Are our militaries using weapons today that violate the current laws of armed conflict? Or need new controls be drafted to deal with the environmental, and inevitably human, consequences of modern warfare? The book seeks to analyse 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. At the centre of the analysis are a number of case studies tackling the most modern weapons and tactics, including the legality of depleted uranium weapons and cluster bombs, the validity of striking chemical weapons facilities and oil installations, and the responsibility for explosive and non-explosive war debris.
Book Synopsis Ecological Sensitivity and Global Legal Pluralism by : Oren Perez
Download or read book Ecological Sensitivity and Global Legal Pluralism written by Oren Perez and published by Bloomsbury Publishing. This book was released on 2004-06-30 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The tension between trade liberalisation and environmental protection has received remarkable attention since the establishment of the WTO. It has been the subject of a wide-ranging debate, and is one of the central themes of the anti-globalisation movement. This book explores that debate. It argues that by focusing on the WTO, the debate has failed to recognise the institutional and discursive complexity in which the trade-environment conflict is embedded. A legal investigation of this nexus requires a framework of inquiry, in which this complexity can be elucidated - a model of global legal pluralism. The first theoretical part of the book (Chapters One and Two) responds to this challenge by developing a pluralistic model, which recognises the trade and environment conflict as the product of multiple dilemmas, constituted and negotiated by a myriad of institutional and discursive networks. As such, this conflict cannot be understood or addressed through one-dimensional models. Viewing the trade-environment conflict through a pluralistic perspective yields important practical insights. It means that this conflict cannot be resolved by uniform economic or legal formulae. Dealing with this conflict requires, rather, polycentric and contextual strategy. The empirical part of the book (Chapters Three to Seven) explicates this thesis by examining several global legal domains, ranging from the WTO to 'private' transnational regimes such as transnational litigation, international construction law and international financial law. This part demonstrates how the different discursive and institutional structures of these domains have influenced the contours of the trade-environment conflict, and considers the policy implications of this diversity from a pro-environmental perspective.
Book Synopsis Armed Conflicts and the Environment by : Anne Dienelt
Download or read book Armed Conflicts and the Environment written by Anne Dienelt and published by Springer. This book was released on 2023-08-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Role of Multilateral Environmental Agreements by : Britta Sjöstedt
Download or read book The Role of Multilateral Environmental Agreements written by Britta Sjöstedt and published by . This book was released on 2020 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Environment-Conflict Nexus by : Francis Galgano
Download or read book The Environment-Conflict Nexus written by Francis Galgano and published by Springer. This book was released on 2018-07-15 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this book is to demonstrate how environmental factors have caused an evolution in the landscape of national security since the end of the Cold War. Through relevant case studies, the scope of the problem on the national security landscape due to environmental stressors is illuminated, examined, and synthesized with climate-related data. Human variables such as governance, GDP, and vulnerability are taken into account, and are compared against environmental factors to more accurately determine the causative agents of regional conflicts which threaten national security. These case studies comprise the majority of the text, and they show how individual conflicts are uniquely influenced by environmental stress with variations from situation to situation. This book will be of interest to government and military professionals, and may serve as a resource for college courses in the areas of military geography, international affairs, and sustainability studies.
Book Synopsis Environmental Conflicts, Migration and Governance by : Krieger, Tim
Download or read book Environmental Conflicts, Migration and Governance written by Krieger, Tim and published by Policy Press. This book was released on 2020-01-29 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The globalized era is characterized by a high degree of interconnectedness across borders and continents and this includes human migration. Migration flows have led to new governance challenges and, at times, populist political backlashes. A key driver of migration is environmental conflict and this is only likely to increase with the effects of climate change. Bringing together world-leading researchers from across political science, environmental studies, economics and sociology, this urgent book uses a multifaceted theoretical and methodological approach to delve into core questions and concerns surrounding migration, climate change and conflict, providing invaluable insights into one of the most pressing global issues of our time.
Book Synopsis From Exception to Promotion by : Elena Cima
Download or read book From Exception to Promotion written by Elena Cima and published by BRILL. This book was released on 2021-10-18 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Exception to Promotion: Re-Thinking the Relationship between International Trade and Environmental Law tells a new, unconventional story of the nexus between international trade and environmental law - a story in which the keyword is synergy rather than conflict, and where the trade regime was always meant for something greater than simply trade liberalization. This ‘something greater’ was peace in the first half of the 20th century. Today, it is sustainable development, environmental protection, and social inclusion. Environmental protection is therefore neither antithetical to the overarching purpose of the trading system nor simply a ‘non-trade’ issue to be incorporated within the trade regime, but rather part of its very nature and purpose. By telling this ‘untold’ story of the nexus, this book intends to raise historical awareness and open a constructive discussion on the future of the trade regime and of international economic law governance at large.
Book Synopsis Research Handbook on International Law and Environmental Peacebuilding by : Daniëlla Dam-de Jong
Download or read book Research Handbook on International Law and Environmental Peacebuilding written by Daniëlla Dam-de Jong and published by Edward Elgar Publishing. This book was released on 2023-08-14 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. This incisive Research Handbook addresses the growing recognition within the international law community that natural resource governance and environmental protection are crucial aspects of peace processes, both as a security imperative and as an opportunity for peacebuilding. Examining the impact of international normative and institutional frameworks on environmental peacebuilding, this Research Handbook features contributions from distinguished experts and global case studies on integrated legal approaches to the governance of natural resources.
Book Synopsis The Ecology of War and Peace by : Eliana Cusato
Download or read book The Ecology of War and Peace written by Eliana Cusato and published by Cambridge University Press. This book was released on 2021-09-16 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: The connection between ecology and conflict has been the object of extensive study by political scientists and economists. From the contribution of natural resource 'scarcity' to violent unrest and armed conflict; to resource 'abundance' as an incentive for initiating and prolonging armed struggles; to dysfunctional resource management and environmental degradation as obstacles to peacebuilding, this literature has exerted a huge influence upon academic discussions and policy developments. While international law is often invoked as the solution to the socio-environmental challenges faced by conflict-affected countries, its relationship with the ecology of war and peace remains undertheorised. Drawing upon environmental justice perspectives and other theoretical traditions, the book unpacks and problematizes some of the assumptions that underlie the legal field. Through an analysis of the practice of international courts, the UN Security Council, and Truth Commissions, it shows how international law silences and even normalizes forms of structural and slow environmental violence.
Book Synopsis The Oxford Guide to International Humanitarian Law by : Ben Saul
Download or read book The Oxford Guide to International Humanitarian Law written by Ben Saul and published by Oxford University Press. This book was released on 2020-05-07 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: International humanitarian law is the law that governs the conduct of participants during armed conflict. This branch of law aims to regulate the means and methods of warfare as well as to provide protections to those who do not, or who no longer, take part in the hostilities. It is one of the oldest branches of international law and one of enduring relevance today. The Oxford Guide to International Humanitarian Law provides a practical yet sophisticated overview of this important area of law. Written by a stellar line up of contributors, drawn from those who not only have extensive practical experience but who are also regarded as leading scholars of the subject, the text offers a comprehensive and authoritative exposition of the field. The Guide provides professionals and advanced students with information and analysis of sufficient depth to enable them to perform their tasks with understanding and confidence. Each chapter illuminates how the law applies in practice, but does not shy away from the important conceptual issues that underpin how the law has developed. It will serve as a first port of call and a regular reference work for those interested in international humanitarian law.
