Book contents
- Frontmatter
- Contents
- List of contributors
- Preface and acknowledgments
- 1 Introduction: dimensions of justice in environmental law
- Part I The notion of justice in environmental law
- Part II Public participation and access to the judiciary
- Part III State sovereignty and state borders
- 12 Environmental justice in situations of armed conflict
- 13 Sovereignty and environmental justice in international law
- 14 Piercing the state veil in pursuit of environmental justice
- Part IV North–South concerns in global contexts
- Part V Access to natural resources
- Part VI Corporate activities and trade
- Index
- References
12 - Environmental justice in situations of armed conflict
from Part III - State sovereignty and state borders
Published online by Cambridge University Press: 28 June 2009
By
Book contents
- Frontmatter
- Contents
- List of contributors
- Preface and acknowledgments
- 1 Introduction: dimensions of justice in environmental law
- Part I The notion of justice in environmental law
- Part II Public participation and access to the judiciary
- Part III State sovereignty and state borders
- 12 Environmental justice in situations of armed conflict
- 13 Sovereignty and environmental justice in international law
- 14 Piercing the state veil in pursuit of environmental justice
- Part IV North–South concerns in global contexts
- Part V Access to natural resources
- Part VI Corporate activities and trade
- Index
- References
Summary
Introduction
Questions of environmental justice, whether in the form of procedural rights or corrective remedies, as such, have on the whole not featured prominently in the legal developments governing the conduct of war. One of the unintended consequences of the Gulf War of 1991 was that it brought to the fore in profound and unexpected ways the seriousness of environmental damage caused by warfare. International conferences, United Nations agencies and the academic literature immediately started treating the issue as one of some urgency, requiring coherent and comprehensive action at the international level. There were even suggestions that a third Additional Protocol to the Geneva Conventions specifically dedicated to preventing environmental damage should be enacted. Central to these debates was the realisation that the existing normative framework did not contain procedural and substantive constraints for preventing environmental damage. The debates also revealed other significant gaps in the substantive content of responsibility for war-related damage, which had not, until now, addressed the question of who should bear responsibility for environmental damage and what form the distribution of burdens and risks should take.
This chapter takes as its starting point the inevitability of war as an activity, which although not always sanctioned by international law is nevertheless regulated by it, in particular, in terms of minimising its effects. A number of chapters in this volume consider participatory rights as the most developed medium for the realisation of environmental justice.
- Type
- Chapter
- Information
- Environmental Law and Justice in Context , pp. 231 - 252Publisher: Cambridge University PressPrint publication year: 2009
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