This book analyses the issues surrounding the protection of the environment in times of armed conflict, and to pose questions as to its adequacy and efficacy. But the focus is not simply upon the interpretation of the legal provisions in isolation; instead, the analysis establishes a benchmark standard of environmental harm against which the adequacy and efficacy of the legal provisions can be measured.
Author(s): Karen Hulme
Series: International Humanitarian Law Series, 7
Publisher: Brill
Year: 2004
Language: English
Pages: 340
City: Leiden
Table of Contents
Acknowledgements
Table of Treaties and Other International Acts
Table of Cases
List of Abbreviations
Glossary
Introduction
Part I: The Law
1. Vietnam and Beyond: The Conception of the Environmental Laws of War
1. The Indo-China War
2. The Growth of International Law for the Protection of the Environment
3. Mapping the Major Developments in the Law of Armed Conflict
4. The Rationale for Environmental Protection in Armed Conflict
2. Deconstructing "Environmental Damage"
1. Environmental Damage Criteria
2. The Criteria
3. Factors Affecting the Intensity of "Environmental Damage"
1. The γ Axis: Rate of Change
2. The χ Axis: Scale of Change
4. "Environmental Damage": Prevention, Compensation and Restoration
1. Prevention
2. Compensation
3. Restoration
4. State Responsibility
5. Direct Environmental Protection Provided by the Law of Armed Conflict
1. Environmental Provisions in the Law of Armed Conflicts
2. The Environmental Protection Afforded by ENMOD
3. Environmental Provisions within Protocol I: Analysis of Obligations
4. Environmental Provisions in Protocol I: Analysis of the Standard of Harm
5. The Customary Status of the Provisions in Protocol I
6. Indirect Environmental Protection Provided by the Law of Armed Conflict
1. 'Special' Environmental Feature
2. Human Use Value
3. Protection Against the Release of Particularly Hazardous and Toxic Substances
4. Particular Environmentally Damaging Activities
5. Transboundary Environmental Damage: The Laws of Neutrality
Part II: The Analysis
7. The Search for a Standard
1. Setting the Benchmark Standard
2. Is the Adopted Standard Binding During Armed Conflict?
8. The Search for Measuring Tools
1. Finding the Tools
2. Are the Adopted Tools Binding During Armed Conflict?
9. The Structure of the Analysis
1. Is "Significant" Environmental Damage Shown?
2. Analysis of Environmental Protection Afforded by Environmental Law
3. Analysis of the Law of Armed Conflicts
4. Conclusions on the Analysis
5. Choice of Case Studies
The Cases
Case 1: A Crude Weapon – Iraqi Oil-Well Fires and Sea Pollution
Case 2: Attacking Industrial Facilities at Pancevo
Case 3: Chemical Warfare by Iraq
Case 4: Depleted Uranium Ammunition in Kosovo, 1999
Case 5: Cluster Weapons
Case 6: Dangerous Remnants of War in the 1990-91 Gulf Conflict
Part III: The Results
10. The Tabulation of Results
1. Patterns Emerging from the Table
2. Observations
11. The Conclusions
1. The Effectiveness of the Law of Armed Conflicts in Protecting the Environment
2. Realistic Options for Improvement of Protection
3. Reinterpretation Reviewed
4. Final Points
Select Bibliography
Index
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
R
S
T
U
V
W
Y
