War torn environment : interpreting the legal threshold / Karen Hulme.

Format:

Book

Author/Creator:

Hulme, Karen.

Series:

International humanitarian law series ; v. 7.

International humanitarian law series ; v. 7

Language:

English

Subjects (All):

Environmental law, International.

War (International law).

War--Environmental aspects.

War.

Liability for environmental damages.

Physical Description:

1 online resource (375 p.)

Edition:

1st ed.

Place of Publication:

Leiden ; Boston : Martinus Nijhoff Publishers, c2004.

Language Note:

English

Summary:

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.

Contents:

Intro

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 &amp

#947

Axis: Rate of Change

2. The &amp

#967

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 &amp

#8211

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.

Notes:

Bibliographic Level Mode of Issuance: Monograph

Includes bibliographical references (p. [309]-331) and index.

ISBN:

1-280-91514-5

9786610915149

90-474-0534-X

1-4294-1621-1

OCLC:

228168330