-PDF Download- War Torn Environment Interpreting The Legal Threshold EBOOK

War Torn Environment

Author: Karen Hulme

Publisher: Martinus Nijhoff Publishers

Published: 2004

Total Pages: 375

ISBN-13: 900413848X

This book analyses 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.

War Torn Environment: Interpreting the Legal Threshold

Author: Karen Hulme

Publisher: BRILL

Published: 2004-08-01

Total Pages: 374

ISBN-13: 904740534X

DOWNLOAD EBOOK →

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.

Research Handbook on International Environmental Law

Author: Fitzmaurice, Malgosia

Publisher: Edward Elgar Publishing

Published: 2021-11-12

Total Pages: 544

ISBN-13: 1786439719

DOWNLOAD EBOOK →

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.

The Role of Multilateral Environmental Agreements

Author: Britta Sjostedt

Publisher: Bloomsbury Publishing

Published: 2020-05-28

Total Pages: 336

ISBN-13: 1509922555

DOWNLOAD EBOOK →

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.

The Use of Nuclear Weapons and the Protection of the Environment during International Armed Conflict

Author: Erik V Koppe

Publisher: Bloomsbury Publishing

Published: 2008-04-25

Total Pages: 458

ISBN-13: 1847314228

DOWNLOAD EBOOK →

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.

Climate Conflicts - A Case of International Environmental and Humanitarian Law

Author: Silke Marie Christiansen

Publisher: Springer

Published: 2016-05-10

Total Pages: 260

ISBN-13: 3319279459

DOWNLOAD EBOOK →

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.

The Ecology of War and Peace

Author: Eliana Cusato

Publisher: Cambridge University Press

Published: 2021-09-16

Total Pages: 307

ISBN-13: 1108943691

DOWNLOAD EBOOK →

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.

Armed Conflicts and the Environment

Author: Anne Dienelt

Publisher: Springer Nature

Published: 2022-08-12

Total Pages: 362

ISBN-13: 3030993396

DOWNLOAD EBOOK →

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.

War and the Environment

Author: Rosemay Rayfuse

Publisher: Martinus Nijhoff Publishers

Published: 2014-09-18

Total Pages: 244

ISBN-13: 9004270655

DOWNLOAD EBOOK →

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.

Weapons of War: Environmental Impact

Author:

Publisher: KW Publishers Pvt Ltd

Published: 2013-08-15

Total Pages: 217

ISBN-13: 9385714716

DOWNLOAD EBOOK →

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.