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Protecting the Environment During and After Armed Conflict through Multilateral Environmental Agreements

Sjöstedt, Britta LU (2017) In Environmental Protection and Transitions from Conflict to Peace
Abstract
This chapter examines how international environmental law pertains during and in the transition phase from armed conflict to peace. I argue that environmental treaties have the ability to fill an institutional and a legal gap, particularly in a post-conflict context, which is often characterized of institutional collapse and break down of rule of law. Environmental treaties could therefore be of relevance in the search for a legal framework of jus post bellum meaning norms applicable in the transition phase between war and peace to protect and rebuild the environment. I support my argument by describing the application of the World Heritage Convention in relation to the armed conflicts taking place in the Democratic Republic of the Congo... (More)
This chapter examines how international environmental law pertains during and in the transition phase from armed conflict to peace. I argue that environmental treaties have the ability to fill an institutional and a legal gap, particularly in a post-conflict context, which is often characterized of institutional collapse and break down of rule of law. Environmental treaties could therefore be of relevance in the search for a legal framework of jus post bellum meaning norms applicable in the transition phase between war and peace to protect and rebuild the environment. I support my argument by describing the application of the World Heritage Convention in relation to the armed conflicts taking place in the Democratic Republic of the Congo (DRC). In the case of the DRC, the institutions established under the World Heritage Convention have provided various means to protect the five Congolese natural World Heritage Sites. Other environmental treaties operating a similar manner like the World Heritage Convention may have an important role to fulfil in the concept of jus post bellum. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
in press
subject
keywords
Private international law, environmental law, Folkrätt, miljörätt
in
Environmental Protection and Transitions from Conflict to Peace
editor
Stahn, Carsten; Iverson, Jens; Easterday, Jennifer S.; ; and
publisher
Oxford University Press
ISBN
9780198784630
language
English
LU publication?
yes
id
39d06cf3-f6fc-48de-8d52-b836b8179516
date added to LUP
2017-06-13 10:51:17
date last changed
2017-06-20 09:22:46
@inbook{39d06cf3-f6fc-48de-8d52-b836b8179516,
  abstract     = {This chapter examines how international environmental law pertains during and in the transition phase from armed conflict to peace. I argue that environmental treaties have the ability to fill an institutional and a legal gap, particularly in a post-conflict context, which is often characterized of institutional collapse and break down of rule of law. Environmental treaties could therefore be of relevance in the search for a legal framework of jus post bellum meaning norms applicable in the transition phase between war and peace to protect and rebuild the environment. I support my argument by describing the application of the World Heritage Convention in relation to the armed conflicts taking place in the Democratic Republic of the Congo (DRC). In the case of the DRC, the institutions established under the World Heritage Convention have provided various means to protect the five Congolese natural World Heritage Sites. Other environmental treaties operating a similar manner like the World Heritage Convention may have an important role to fulfil in the concept of jus post bellum.},
  author       = {Sjöstedt, Britta},
  editor       = {Stahn, Carsten and Iverson, Jens and Easterday, Jennifer S.},
  isbn         = {9780198784630},
  keyword      = {Private international law,environmental law,Folkrätt,miljörätt},
  language     = {eng},
  publisher    = {Oxford University Press},
  series       = {Environmental Protection and Transitions from Conflict to Peace},
  title        = {Protecting the Environment During and After Armed Conflict through Multilateral Environmental Agreements},
  year         = {2017},
}