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International Environmental Law and Naval War - The Effect of Marine Safety and Pollution Conventions During International Armed Conflict: Naval War College Newport Papers 15 (Paperback)
Loot Price: R572
Discovery Miles 5 720
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International Environmental Law and Naval War - The Effect of Marine Safety and Pollution Conventions During International Armed Conflict: Naval War College Newport Papers 15 (Paperback)
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Loot Price R572
Discovery Miles 5 720
Expected to ship within 10 - 15 working days
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The cornerstone of modern International Environmental Law is the
prohibition of transfrontier pollution: states have the
responsibility to ensure that activities within their jurisdiction
or control do not cause damage to the environment of other states
or of areas beyond national jurisdiction. In addition, there is now
a substantial body of international treaties laying down detailed
regimes for various environmental sectors. Relatedly, recent
international conflicts have raised fundamental questions about the
relationship between international law and armed conflict. The
notion that the rules of general international environmental law
continue to apply during armed conflict is now well accepted, but
the principles that are usually cited remain at a very high level
of abstraction. Dr. Sonja Ann JozefBoelaert-Suominen, legal adviser
in the Office of the Prosecutor for the International Criminal
Tribunal for the former Yugoslavia, in the Hague, the Netherlands,
examines the extent to which international law has developed more
detailed rules to protect the environment in international armed
conflict. After a discussion of the main legal issues, the author
focuses on the marine environment, examining the relationship
between naval warfare, on one hand, and multilateral environmental
treaties on marine safety and the prevention of marine pollution,
on the other. Dr. Boelaert-Suominen argues that the majority of
these treaties do not apply during armed conflict, either because
war damage is expressly excluded or because the treaties do not
apply to warships. As for the treaties that are in principle
applicable during armed conflict, her analysis shows that, under
international law, belligerent and neutral states have the legal
right to suspend those treaties, wholly or in part. The author
concludes that very few of the treaties considered take the new law
of armed conflict into account and that there remains a need for
more detailed rules on environmental standards for military
operations. In 1996, the Naval War College International Law
Studies published volume 69 in its "Blue Book" series-Protection of
the Environment during Armed Conflict. This compilation of papers
was written for and presented at the Law of Naval Warfare Symposium
on the Protection of the Environment during Armed Conflict and
other Military Operations, held at the Naval War College in 1995.
Contributors to this conference suggested the necessity for a
thorough study of the relationship between environmental treaties
and the laws of war.
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