Category Archives: International Dispute Resolution

Humanitarian Law and the Environment (M. N. Schmitt)

Author(s)

Michael N. Schmitt

Keywords

war crime, environmental damage, environmental degradation, international humanitarian law, environmental consequences of warfare, International Criminal Court, military operations, environmental safeguarding, weapons, treaty law

Excerpt

“Introduction

When the Rome Conference adopted the Statue of the International Criminal Court (ICC) in July 1998, it included as a war crime the causation of “widespread, long term and severe damage to the natural environment.” Such “greening” of international humanitarian law promises heightened sensitivity to the environmental consequences of warfare as we enter the new millennium. The ICC Statue provision, however, is but the most recent example of a growing environmental consciousness vis-a-vis military operations that first began to surface over two decades ago.

This article catalogues those aspects of international humanitarian law that safeguard the environment during armed conflict: it is intended primarily as a primer for those new to the subject. As will become apparent, humanitarian law has focused scant attention directly on the environment. Instead, it relies on conventional and customary humanitarian law that has only recent been recognized as having environmental consequence for the bulk of its environmental play. Following a brief review of the historical context from which the law emerged, discussion turns to four types of relevant norms: 1) specific environmental provisions in humanitarian law; 2) limits on the use of particular weapons capable of causing environmental damage; 3) non-environment specific treaty law which may safeguard the environment in certain circumstances; and 4) customary humanitarian law offering environmental protection. Although the article’s tenor is primarily descriptive, in order to stimulate further reflection, the final section provides an abridged assessment of the applicable normative environment; it suggests that while the environment component of international law governing warfare is not vacuous, there is certainly room for improvement.” (265-6)

Citation

(2000) 28 Denver Journal of International Law and Policy 3 pp. 265-323

Paper

Humanitarian Law and the Environment

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The Human Right to a Clean, Balanced and Protected Environment (J. Symonides)

Author

Janusz Symonides

Keywords

Human Right to a Healthy Environment, International Law, Domestic Law, Education, Participation, Recourse and Sanctions, International Protection

Excerpt

Since the December 1968 General Assembly’s resolution in which for the first time the United Nations admitted the linkage between environmental protection and human rights and expressed concern that environmental changes could have various (negative) implications for basic human rights, this question has been vividly discussed on many occasions. […]

Today nobody can put in doubt this intimate linkage, as well as the serious impact of the environmental protection on human rights. However, the following question arises: can we already speak about the existence of a human right to a clean, balanced and protected environment? And if the answer is positive, what are the conditions for its implementation?

Citation

(1992) 20 The International Journal of Legal Information 24

Paper

The Human Right to a Clean, Balanced and Protected Environment

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International Legal Protection for Victims of Environmental Abuse (M.L. Schwartz)

Author(s)

Michelle Leighton Schwartz

Keywords

Human Rights, Right to life, Rights of indigenous peoples, procedural human rights, human right to a healthy environment, environmental refugees, desertification, flooding, international finance institutions, International Court of Justice, International Labour Organisation

Excerpt

Environmental disasters are increasing. They often result from human activities, such as the disposal of toxic chemicals, the generation of power, and the exploitation of oil. Mismanagement of natural resources has caused severe watershed erosion, desertification and atmospheric pollution which, in turn, have seriously impaired human life. Although the human suffering associated with environmental destruction is growing, international and regional human rights institutions have yet to clarify the obligations of governments to protect and provide remedies for these victims. This paper seeks to inspire such clarification and suggests legal and institutional reforms toward that end.

Citation

(1993) 18 Yale Journal of International Law 355

Paper

International Legal Protection for Victims of Environmental Abuse

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The Abyei arbitration: a model procedure for intra-state dispute settlement in resource-rich conflict areas?

Author(s)

Freya Baetens and Rumiana Yotova

Keywords

International law, Arbitral proceedings, Boundary disputes, International arbitration, Permanent Court of Arbitration, Sudan

Abstract

Considers why the parties in Re an Arbitration Before a Tribunal Constituted in Accordance with Article 5 of the Arbitration Agreement Between the Government of Sudan and the Sudan People’s Liberation Movement opted for the dispute to be administered by the Permanent Court of Arbitration. Reviews the historic and legal background to the case and the specific procedural features of the case, particularly the fast-track requirements that the court should deliver its award within 90 days of the hearing. Assess the use of arbitration as a means of peaceful settlement of intra-state disputes over land and natural resources.

Citation

(2011) 3(10) Gottingen Journal of International Law 417-446

Paper

The Abyei arbitration: a model procedure for intra-state dispute settlement in resource-rich conflict areas?

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Report on UN Fact Finding Mission on the Gaza Conflict (Editorial)

Keywords

Human rights;Armed conflict; Israel ; Occupied Palestinian Territories

Abstract

Discusses the United Nations Fact Finding Mission on the Gaza Conflict between December 27, 2009 and January 18, 2010 . Examines: (1) early issues such as the appointees to the Mission, the mandate, and the failure of efforts to obtain the cooperation of the Government of Israel; (2) the methodology employed including as regards the temporal scope of the events, the historical context, the normative framework, the international human rights compliance of the parties, and the purpose of the public hearings; and (3) the specific facts and issues investigated by the Mission, from the respective positions of the Occupied Palestinian Territory and Israel.

Citation

(2010) 2 European Human Rights Law Review 125-148

Editorial

Report on UN Fact Finding Mission on the Gaza Conflict

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