Enhancing Environmental Protection in Relation to Armed Conflict: An Assessment of the ILC Draft Principles
(2021) In Loyola of Los Angeles International and Comparative Law Review 44(2). p.129-156- Abstract
- This article examines the outcome of the International Law Commission’s (ILC) Study on the Protection of the Environment in relation to Armed Conflict as adopted on first reading. The twenty-eight draft principles, adopted by the ILC in July 2019, aim to enhance environmental protection before, during, and after armed conflict. This article evaluates the strengths and weaknesses of the draft principles and highlights principal innovations of the draft principles. Then this article concludes that the ILC study makes important substantive contributions to enhancing environmental protection, but it also misses opportunities to advance the law in this field. The principal strength of the study is that it brings in many different aspects... (More)
- This article examines the outcome of the International Law Commission’s (ILC) Study on the Protection of the Environment in relation to Armed Conflict as adopted on first reading. The twenty-eight draft principles, adopted by the ILC in July 2019, aim to enhance environmental protection before, during, and after armed conflict. This article evaluates the strengths and weaknesses of the draft principles and highlights principal innovations of the draft principles. Then this article concludes that the ILC study makes important substantive contributions to enhancing environmental protection, but it also misses opportunities to advance the law in this field. The principal strength of the study is that it brings in many different aspects relating to the environment and armed conflicts under one framework, including legal questions that were hitherto neglected. Its weaknesses relate most notably to the protection of the environment during armed conflict. This article argues that, even though there was limited space for the ILC to develop the applicable law in this field, it nevertheless could have been more ambitious. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/da2ebb5a-b7df-4456-9ce1-3c9d4f222fc5
- author
- Dam-de Jong, Daniëlla and Sjöstedt, Britta LU
- organization
- publishing date
- 2021
- type
- Contribution to journal
- publication status
- published
- subject
- keywords
- Environmental law, Public international law, Miljörätt, Folkrätt
- in
- Loyola of Los Angeles International and Comparative Law Review
- volume
- 44
- issue
- 2
- pages
- 27 pages
- ISSN
- 0277-5417
- language
- English
- LU publication?
- yes
- id
- da2ebb5a-b7df-4456-9ce1-3c9d4f222fc5
- alternative location
- https://digitalcommons.lmu.edu/cgi/viewcontent.cgi?article=1812&context=ilr
- date added to LUP
- 2021-12-09 10:28:14
- date last changed
- 2022-10-24 10:49:41
@article{da2ebb5a-b7df-4456-9ce1-3c9d4f222fc5,
abstract = {{This article examines the outcome of the International Law Commission’s (ILC) Study on the Protection of the Environment in relation to Armed Conflict as adopted on first reading. The twenty-eight draft principles, adopted by the ILC in July 2019, aim to enhance environmental protection before, during, and after armed conflict. This article evaluates the strengths and weaknesses of the draft principles and highlights principal innovations of the draft principles. Then this article concludes that the ILC study makes important substantive contributions to enhancing environmental protection, but it also misses opportunities to advance the law in this field. The principal strength of the study is that it brings in many different aspects relating to the environment and armed conflicts under one framework, including legal questions that were hitherto neglected. Its weaknesses relate most notably to the protection of the environment during armed conflict. This article argues that, even though there was limited space for the ILC to develop the applicable law in this field, it nevertheless could have been more ambitious.}},
author = {{Dam-de Jong, Daniëlla and Sjöstedt, Britta}},
issn = {{0277-5417}},
keywords = {{Environmental law; Public international law; Miljörätt; Folkrätt}},
language = {{eng}},
number = {{2}},
pages = {{129--156}},
series = {{Loyola of Los Angeles International and Comparative Law Review}},
title = {{Enhancing Environmental Protection in Relation to Armed Conflict: An Assessment of the ILC Draft Principles}},
url = {{https://digitalcommons.lmu.edu/cgi/viewcontent.cgi?article=1812&context=ilr}},
volume = {{44}},
year = {{2021}},
}