Suchergebnisse

This book is the first targeted work in the legal literature that investigates environmental challenges in the aftermath of conflict. The volume brings together academics, policy-makers, and practitioners from different disciplines to clarify policies and practices of environmental protection and key legal considerations related to normative frameworks (e.g. international environmental law, international humanitarian law, transitional justice, and human rights), the treatment of substantive principles (e.g. proportionality under jus in bello and jus post bellum, environmental integrity), 'shared responsibility', and accountability mechanisms for environmental damage. By providing a comprehensive and in-depth analysis of environmental protection and natural resource management during the transition to peace, the volume reveals strong links between the peace-orientation of jus post bellum and environmental principles, such as intergenerational equity and precaution. There is a great deal of work to do to ensure greater protection of the environment before, during, and after conflict. It remains a challenge to align protection with the political interest of states, and the increasing involvement of non-state actors in armed conflict. This volume marks a starting point for an urgently needed space for states, international organizations, and civil society to discuss, and debate conflict and the environment. By engaging with the International Law Commission's 2016 Draft Principles on the Protection of the Environment in Relation to Armed Conflicts, the volume adds clarity to the law and momentum to the development of the law in this important area.

The successful transition from armed conflict to peace is one of the greatest challenges of contemporary warfare. The laws and principles governing transitions from conflict to peace (jus post bellum) have only recently gained attention in legal scholarship. This volume investigates questions concerning the core of jus post bellum: the law ("jus"), the temporal aspect ("post"), and different types of armed conflict ("bellum"). It is the first volume to clarify the different legal meanings and components of the concept, including its implications in contemporary politics and practice. It explores the nature of jus post bellum as a concept, including its foundations, criticisms, and relationship to related concepts (e.g. Transitional Justice, Responsibility to Protect). It rethinks the nexus of the concept to jus ad bellum and jus in bello and its relevance in internal armed conflicts and peacebuilding. It examines problems in relation to the ending of conflict, including indicators for the end of conflict, exit strategies, and institutional responses. It also identifies contours of a "jus," drawing on disparate bodies and sources of international law such as peace agreements, treaty law, self-determination, norms governing peace operations, and the status of foreign armed forces, environmental law, human rights, and amnesty law. Taking into account perspectives from multiple disciplines, the book will be relevant to scholars, practitioners, and students across many fields, such as peace and conflict studies, international relations, philosophy, political science, and international law.