OUVRAGE : C. Stahn, J. Iverson, J.S. Easterday (eds.), Environmental Protection and Transitions from Conflict to Peace

Carsten STAHN, Jens IVERSON, Jennifer S. EASTERDAY

Environmental protection is fundamental for the establishment of sustainable peace. Applying traditional legal approaches to protection raises particular challenges during the transition from conflict to peace. In the jus post bellum context, protection of the environment and natural resources needs to be considered in tandem with a broad range of simultaneously applicable normative frameworks, such as human rights, transitional justice, arms control/disarmament, UN law and practice, development, and domestic law. While certain multilateral environment agreements, such as the Convention Concerning the Protection of the World Cultural and Natural Heritage protect the environment; international humanitarian law and international criminal law continue to treat environmental protection largely from an anthropocentric perspective.

This book is the first targeted work in the legal literature that investigates environmental challenges in the aftermath of conflict. Addressing these challenges, it brings together academics, policy-makers, and practitioners from different disciplines to clarify policies and practices of environmental protection and key normative frameworks. It draws on experiences and practices in post-conflict settings to specify substantive principles and techniques to remedy and prevent harm.

TABLE OF CONTENTS

Carsten Stahn, Jens Iverson, Jennifer Easterday, Introduction 

Carl Bruch, Peacebuilding and the Environment 

Cymie R. Payne, Defining the 'Environment' and the Principle of Environmental Integrity 

Simon O'Connor, Considering the 'Harm Principle', Environmental Damage, and Armed Conflict 

Kirsten Stefanik, The Environment and Armed Conflict: Employing General Principles to Protect the Environment 

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

Karen L. Hulme, Using Human Rights and Transitional Justice for Post-Conflict Environmental Protection and Remediation 

Daniëlla Dam, Standard-Setting Practices for the Management of Natural Resources in Conflict-Torn States 

Carl Bruch, Olivia Radics, Protection of Natural Resources Through the Law of Pillage
Thilo Marauhn, Environmental Implications of Disarmament: The Chemical Weapons Convention Case 

Dieter Fleck, Legal Protections of the Environment: The Double Challenge of Non-International Armed Conflict and Post-Conflict Peacebuilding 

Matthew Gillet, Greening Warfare: Protecting the Environment during Non-International Armed Conflict 

Jennifer Easterday, Hana Ivanhoe, Conflict, Cash and Controversy: Protecting Environmental Rights in Post-Conflict Settings 

Onita Das, Aneaka Kellay, Private Security Companies and other Private Security Service Providers (PSCs) and Environmental Protection in Post-Conflict Settings: Policy and Regulatory Challenges 

Ursin Hofmann, Post-Conflict Mine Action: Environment and Law 

Cymie R. Payne, The UNCC and the Environment 

Ilias Plakokefalos, Reparations for Environmental Damage in Jus Post Bellum: The Problem of Shared Responsibility 

Merryl Lawry-White, Victims of Environmental Harm during Conflict: the Potential for 'Justice' 

Anne Dienelt, 'After the War is Before the War': The Environment, Preventive IHL Measures and Their Post-Conflict Impact 

Carsten Stahn, Jennifer Easterday, Jens Iverson, Taking Stock of Emerging Norms, Principles and Practices

Carsten STAHN, Jens IVERSON, Jennifer S. EASTERDAY (eds.), Environmental Protection and Transitions from Conflict to Peace, Oxford, Oxford University Press, 2017 (512 pp.)