Suchergebnisse

This thesis is an attempt to analyse the efficacy of the existing international legal framework provided by the law of armed conflict for the wartime protection of the environment, based on the scientific data obtained during environmental assessments conducted after the 1990-1991 Gulf War and focusing on the Kuwaiti oil well fires and the legal threshold provided by Art I ENMOD Convention and Art 35(3) and 55(1) Additional Protocol I. The first main part tackles the prior background and development, course and environmental repercussions of the conflict from both a scientific and legal perspective. Geographic, economic, historical and political aspects are presented for an easier understanding of the implications of the conflict and particularly of the sabotage of over 700 oil wells in Kuwait. The effects on the atmospheric, terrestrial, marine environment and human health are studied in detail. The next central part of this thesis focuses on the legal threshold required for liability for environmental damage by using the concept of widespread, long-lasting/long-term and/or severe effects on the environment during armed conflict. The general purpose, applicability and interpretation of central problematic terms used in Art 35(3) and Art 55(1) Additional Protocol I, respectively Art I ENMOD Convention are examined, focusing on the detailed comparative analysis of the meaning of "widespread", "long-lasting/long-term" and "severe" effects/damage on the environment. The conclusion of this thesis summarises the findings and shows that although Art I ENMOD Convention and Art 35(3) and 55(1) Additional Protocol I provide a certain wartime environmental protection, it is insufficient and requires much more development and precise applicational guidelines for future armed conflicts. ; Author Andreea-Maria Stan ; Universität Linz, Diplomarbeit, 2021 ; (VLID)6261101