Re-evaluating international humanitarian law in a triple planetary crisis : New challenges, new tools
(2023) In International Review of the Red Cross 105(924). p.1238-1266- Abstract
- In the face of the triple planetary crisis, which includes climate change, biodiversity loss and environmental degradation, there is growing recognition that the environment needs to be re-evaluated and better protected. Recent developments, such as a values assessment by the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES),1 the concept of biocultural rights and the acknowledgment of granting rights to nature, emphasize the intrinsic value of the environment and endorse the understanding of the interconnectedness between humans and non-human entities. These developments are also increasingly evident in legal frameworks; for instance, several domestic legal systems now accept the rights of nature and... (More)
- In the face of the triple planetary crisis, which includes climate change, biodiversity loss and environmental degradation, there is growing recognition that the environment needs to be re-evaluated and better protected. Recent developments, such as a values assessment by the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES),1 the concept of biocultural rights and the acknowledgment of granting rights to nature, emphasize the intrinsic value of the environment and endorse the understanding of the interconnectedness between humans and non-human entities. These developments are also increasingly evident in legal frameworks; for instance, several domestic legal systems now accept the rights of nature and grant legal standing to natural entities. This expansion in our understanding of the environment challenges the traditional anthropocentric focus of international law, which has primarily prioritized human rights and interests, perceiving humans as having dominance over nature and the liberty to harness its resources. Simultaneously, international environmental law is increasingly recognizing the interdependence of ecosystems and species. This acknowledgment drives the promotion of approaches to environmental management and conservation that centre around ecosystems and local communities. The present article looks at how to reconcile these heightened environmental values and the legal norms in armed conflict by examining two examples: the safeguarding of protected areas and the restoration of the environment post-conflict. By analyzing the changing values and legal developments in this area, the article offers legal and practical tools to support the protection of nature's intrinsic value in future warfare. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/17773de9-587d-4e37-90bc-7f3a1566be1d
- author
- Sjöstedt, Britta LU and Hulme, Karen
- organization
- publishing date
- 2023-11-06
- type
- Contribution to journal
- publication status
- published
- subject
- keywords
- Public international law, Folkrätt
- in
- International Review of the Red Cross
- volume
- 105
- issue
- 924
- pages
- 28 pages
- publisher
- Cambridge University Press
- external identifiers
-
- scopus:85176327045
- ISSN
- 1816-3831
- language
- English
- LU publication?
- yes
- id
- 17773de9-587d-4e37-90bc-7f3a1566be1d
- alternative location
- https://www.cambridge.org/core/journals/international-review-of-the-red-cross/article/reevaluating-international-humanitarian-law-in-a-triple-planetary-crisis-new-challenges-new-tools/EA6F86E1D57D2AD3F0167F08C45A164D#article
- date added to LUP
- 2023-12-05 08:41:33
- date last changed
- 2023-12-20 12:00:23
@article{17773de9-587d-4e37-90bc-7f3a1566be1d,
abstract = {{In the face of the triple planetary crisis, which includes climate change, biodiversity loss and environmental degradation, there is growing recognition that the environment needs to be re-evaluated and better protected. Recent developments, such as a values assessment by the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES),1 the concept of biocultural rights and the acknowledgment of granting rights to nature, emphasize the intrinsic value of the environment and endorse the understanding of the interconnectedness between humans and non-human entities. These developments are also increasingly evident in legal frameworks; for instance, several domestic legal systems now accept the rights of nature and grant legal standing to natural entities. This expansion in our understanding of the environment challenges the traditional anthropocentric focus of international law, which has primarily prioritized human rights and interests, perceiving humans as having dominance over nature and the liberty to harness its resources. Simultaneously, international environmental law is increasingly recognizing the interdependence of ecosystems and species. This acknowledgment drives the promotion of approaches to environmental management and conservation that centre around ecosystems and local communities. The present article looks at how to reconcile these heightened environmental values and the legal norms in armed conflict by examining two examples: the safeguarding of protected areas and the restoration of the environment post-conflict. By analyzing the changing values and legal developments in this area, the article offers legal and practical tools to support the protection of nature's intrinsic value in future warfare.}},
author = {{Sjöstedt, Britta and Hulme, Karen}},
issn = {{1816-3831}},
keywords = {{Public international law; Folkrätt}},
language = {{eng}},
month = {{11}},
number = {{924}},
pages = {{1238--1266}},
publisher = {{Cambridge University Press}},
series = {{International Review of the Red Cross}},
title = {{Re-evaluating international humanitarian law in a triple planetary crisis : New challenges, new tools}},
url = {{https://www.cambridge.org/core/journals/international-review-of-the-red-cross/article/reevaluating-international-humanitarian-law-in-a-triple-planetary-crisis-new-challenges-new-tools/EA6F86E1D57D2AD3F0167F08C45A164D#article}},
volume = {{105}},
year = {{2023}},
}