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Environmental Protection and Transitions from Conflict to Peace: Clarifying Norms, Principles, and Practices

Environmental Protection and Transitions from Conflict to Peace: Clarifying Norms, Principles, and Practices

Author: Carsten Stahn; Jens Iverson; Jennifer S. Easterday
Publisher: Oxford University Press
ISBN: 9780198784630
Published In: October 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

Introduction, Carsten Stahn, Jens Iverson, and Jennifer Easterda

Part I: Foundations

1: Peacebuilding and the Environment, Carl Bruch

2: Defining the 'Environment' and the Principle of Environmental Integrity, Cymie R. Payne

3: Considering the 'Harm Principle', Environmental Damage, and Armed Conflict, Simon O'Connor

Part II: Legal Norms and Frameworks

4: The Environment and Armed Conflict: Employing General Principles to Protect the Environment, Kirsten Stefanik

5: Protecting the Environment During and After Armed Conflict through Multilateral Environmental Agreements, Britta Sjöstedt

6: Using Human Rights and Transitional Justice for Post-Conflict Environmental Protection and Remediation, Karen L. Hulme

7: Standard-Setting Practices for the Management of Natural Resources in Conflict-Torn States, Daniëlla Dam

8: Protection of Natural Resources Through the Law of Pillage, Carl Bruch and Olivia Radics

9: Environmental Implications of Disarmament: The Chemical Weapons Convention Case, Thilo Marauhn

Part III: Tensions and Dilemmas

10: Legal Protections of the Environment: The Double Challenge of Non-International Armed Conflict and Post-Conflict Peacebuilding, Dieter Fleck

11: Greening Warfare: Protecting the Environment during Non-International Armed Conflict, Matthew Gillet

12: Conflict, Cash and Controversy: Protecting Environmental Rights in Post-Conflict Settings, Jennifer Easterday and Hana Ivanhoe

13: Private Security Companies and other Private Security Service Providers (PSCs) and Environmental Protection in Post-Conflict Settings: Policy and Regulatory Challenges, Onita Das and Aneaka Kellay

14: Post-Conflict Mine Action: Environment and Law, Ursin Hofmann

Part IV: Remedying and Preventing Damage and Harm

15: The UNCC and the Environment, Cymie R. Payne

16: Reparations for Environmental Damage in Jus Post Bellum: The Problem of Shared Responsibility, Ilias Plakokefalos

17: Victims of Environmental Harm during Conflict: the Potential for 'Justice', Merryl Lawry-White

18: 'After the War is Before the War': The Environment, Preventive IHL Measures and Their Post-Conflict Impact, Anne Dienelt

Conclusion: Taking Stock of Emerging Norms, Principles and Practices, Carsten Stahn, Jennifer Easterday, and Jens Iverson