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War Torn Environment Interpreting The Legal Threshold
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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 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 Nature. This book was released on 2022-08-12 with total page 362 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 Environmental Law of Armed Conflict by : Nada Al-Duaij
Download or read book Environmental Law of Armed Conflict written by Nada Al-Duaij and published by BRILL. This book was released on 2021-10-25 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Research Handbook on International Environmental Law by : Fitzmaurice, Malgosia
Download or read book Research Handbook on International Environmental Law written by Fitzmaurice, Malgosia and published by Edward Elgar Publishing. This book was released on 2021-11-12 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thoroughly updated and revised second edition of this foundational Handbook combines practical and theoretical analyses to cover a wide array of cutting edge issues in international environmental law (IEL). It provides a comprehensive view of the complexity of IEL, both as a field in its own right, and as part of the wider system of international law.
Book Synopsis The Role of Multilateral Environmental Agreements by : Britta Sjostedt
Download or read book The Role of Multilateral Environmental Agreements written by Britta Sjostedt and published by Bloomsbury Publishing. This book was released on 2020-05-28 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 Use of Nuclear Weapons and the Protection of the Environment during International Armed Conflict by : Erik V Koppe
Download or read book The Use of Nuclear Weapons and the Protection of the Environment during International Armed Conflict written by Erik V Koppe and published by Bloomsbury Publishing. This book was released on 2008-04-25 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1996, the International Court of Justice delivered an Advisory Opinion on the legality of the use of nuclear weapons in which the Court stated that "while the existing international law relating to the protection and safeguarding of the environment does not specifically prohibit the use of nuclear weapons it indicates important environmental factors that are properly to be taken into account in the context of the implementation of the principles and rules of the law applicable in armed conflict." The present work analyses this conclusion, focusing on the question whether or not the use of nuclear weapons during international armed conflict would violate existing norms of public international law relating to the protection and safeguarding of the environment. Although the use of weaponry during armed conflict is usually related to the protection of individuals, the rapidly emerging appreciation of, and the worldwide realization of the intrinsic value of, the natural environment as an indispensable asset for the continuation of life, including human life, on this planet, both for present and future generations, warrants a thorough and extensive examination of the question of the (il)legality of the employment of nuclear weapons from the point of view of international environmental protection law. The book consists of two parts. Part I discusses the historical development and the effects of nuclear weapons; Part II discusses the protection of the environment during international armed conflict under ius in bello, ius ad bellum and ius pacis. Only then is it possible to assess the legality of the use of nuclear weapons under this particular set of rules.
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 260 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 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 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 2014-09-18 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. The book, like the Workshop, takes as its starting point the existing IHL regime for the protection of the environment during armed conflict and goes on to explore the application of other legal regimes that may be relevant to protection of the environment both during armed conflict and, as in the broader context envisaged by the ILC, in relation to armed conflict. As this thought-provoking volume demonstrates, a vast range of issues, actors and legal regimes must now be considered and some pro-active and imaginative research and thinking brought to bear in any consideration of this ever-important topic. Some papers appeared previously in a special issue of the Nordic Journal of International Law.
Book Synopsis Weapons of War: Environmental Impact by :
Download or read book Weapons of War: Environmental Impact written by and published by KW Publishers Pvt Ltd. This book was released on 2013-08-15 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Indian Air Force, from a humble beginning in 1932 with 4 Wapiti aircraft, six Indian officers and 22 hawai sepoys, have traversed a long journey of eighty one years and crossed noteworthy milestones to become the fourth largest air force in the world. While facing several limitations/challenges, IAF have met all the national defence requirements, and made several strategic contributions. With growing economic interests and national aspirations, expanding interests well beyond our territorial boundaries and prevailing internal security challenges, India’s national defence requirements are also increasing. The first Gulf War was a monumental turning point in the war-time employment of aerospace power. Ever since significance of aerospace power in war, crisis and peace time has been gaining ascendency. Kosovo and Libya are the two pertinent examples of the allies virtually relying on aerospace power, without committing any soldiers on the ground. Scrutiny of the emerging global and national trends suggests that employment of the aerospace assets, as well as nation’s expectation from the IAF, will continue to rise. Alongside, there is an unplanned fall in flying platforms, weapon systems and pilot strength of the IAF. This study is an attempt to analyse the history of the IAF in war as well as ‘other than war operations’; to appreciate the emerging trends in geopolitics, aerospace technology and doctrine; and to identify the likely challenges IAF would be facing in the next two decades and beyond. Road map for transformation of the national security framework, indigenous aerospace industry and the IAF has also been suggested.
Book Synopsis New Technologies and the Law of Armed Conflict by : Hitoshi Nasu
Download or read book New Technologies and the Law of Armed Conflict written by Hitoshi Nasu and published by Springer Science & Business Media. This book was released on 2013-12-23 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern technological development has been both rapid and fundamentally transformative of the means and methods of warfare, and of the broader environment in which warfare is conducted. In many cases, technological development has been stimulated by, and dedicated to, addressing military requirements. On other occasions, technological developments outside the military sphere affect or inform the conduct of warfare and military expectations. The introduction of new technologies such as information technology, space technologies, nanotechnology and robotic technologies into our civil life, and into warfare, is expected to influence the application and interpretation of the existing rules of the law of armed conflict. In this book, scholars and practitioners working in the fields critically examine the potential legal challenges arising from the use of new technologies and future directions of legal development in light of the specific characteristics and challenges each technology presents with regard to foreseeable humanitarian impacts upon the battlespace.
Book Synopsis Prosecuting Environmental Harm before the International Criminal Court by : Matthew Gillett
Download or read book Prosecuting Environmental Harm before the International Criminal Court written by Matthew Gillett and published by Cambridge University Press. This book was released on 2022-05-19 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: A novel and ground-breaking analysis of the prosecution of environmental harm before the International Criminal Court, addressing both the substance and procedure.
Book Synopsis Environmental Criminal Liability and Enforcement in European and International Law by : Ricardo Pereira
Download or read book Environmental Criminal Liability and Enforcement in European and International Law written by Ricardo Pereira and published by BRILL. This book was released on 2015-09-29 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: The drive for harmonisation of environmental criminal standards at both the international and European level emerges from the increasing recognition of the scale and seriousness of environmental crime, the need to strengthen mechanisms of police and judicial interstate cooperation to combat cross-border crime, and the objective to ensure fair competition in a global economy and an integrated EU common market. The harmonisation of environmental criminal law requires a competent institutional framework able to convey the need for criminalisation of environmental harm while not overriding national aspirations to sovereignty in criminal matters. The book Environmental Criminal Liability and Enforcement in European and International Law assesses legal, theoretical and practical questions of harmonisation of national environmental criminal law and the mechanisms for cooperation by sovereign states under European and International Law, with a particular emphasis on legislative developments in the European Union, the Council of Europe and other international institutions, assessing the case for an extension of the jurisdiction of the International Criminal Court over international environmental crimes.
Book Synopsis Environmental Crime and Social Conflict by : Avi Brisman
Download or read book Environmental Crime and Social Conflict written by Avi Brisman and published by Routledge. This book was released on 2016-03-09 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: This impressive collection of original essays explores the relationship between social conflict and the environment - a topic that has received little attention within criminology. The chapters provide a systematic and comprehensive introduction and overview of conflict situations stemming from human exploitation of environments, as well as the impact of social conflicts on the wellbeing and health of specific species and ecosystems. Largely informed by green criminology perspectives, the chapters in the book are intended to stimulate new understandings of the relationships between humans and nature through critical evaluation of environmental destruction and degradation associated with social conflicts occurring around the world. With a goal of creating a typology of environment-social conflict relationships useful for green criminological research, this study is essential reading for scholars and academics in criminology, as well as those interested in crime, law and justice.
Book Synopsis An Introduction to International Criminal Law and Procedure by : Robert Cryer
Download or read book An Introduction to International Criminal Law and Procedure written by Robert Cryer and published by Cambridge University Press. This book was released on 2007-06-14 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: International criminal law has developed considerably in the last decade and a half, resulting in a complex and re-invigorated discipline. This has impacted directly on the popularity of the study of the subject, particularly on postgraduate law degrees. This textbook serves these courses by providing an introduction to the principles of international criminal law and processes. Written by four international lawyers with experience of teaching international criminal law, it is accessible yet sophisticated in its approach. It covers substantive international criminal law, the institutions designed to enforce it and their procedures, and the international law applicable to domestic prosecutions of international crimes. It will be essential reading for students and teachers of international criminal law. In addition, practitioners and researchers in the field (and in related fields such as criminal law), students of international law and international relations will find this introduction invaluable.
Book Synopsis The Oxford Handbook of International Law in Armed Conflict by : Andrew Clapham
Download or read book The Oxford Handbook of International Law in Armed Conflict written by Andrew Clapham and published by . This book was released on 2014-03 with total page 1009 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a team of distinguished and internationally renowned experts, this Oxford Handbook gives an analytical overview of international law as it applies in armed conflicts. The Handbook draws on international humanitarian law, human rights law, and the law of neutrality to provide a comprehensive picture of the status of law in war.
Book Synopsis Research Handbook on Biodiversity and Law by : Michael Bowman
Download or read book Research Handbook on Biodiversity and Law written by Michael Bowman and published by Edward Elgar Publishing. This book was released on 2016-04-29 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: The crucial importance of biodiversity law to future human welfare is only now being fully appreciated. This wide-ranging Handbook presents a range of perspectives from leading international experts reflecting up-to-date research thinking on the vital subject of biodiversity and its interaction with law. Through a rigorous examination of the principles, procedures and practices that characterise this area of law, this timely volume effectively highlights its objectives, implementation, achievements, and prospects. More specifically, the work addresses the regulatory challenges posed by the principal contemporary threats to biological diversity, the applicable general principles of international environmental law and the visions, values and voices that are shaping the development of the law. Presenting thematic rather than regime-based coverage, the editors demonstrate the state-of-the-art of current research and identify future research needs and directions. This comprehensive and authoritative Handbook will be an indispensable resource for legal scholars, students and practitioners alike.
