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    Environmental Protection and Transitions from Conflict to Peace: Clarifying Norms, Principles, and Practices

    Environmental Protection and Transitions from Conflict to Peace by Stahn, Carsten; Iverson, Jens; Easterday, Jennifer S.;

    Clarifying Norms, Principles, and Practices

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    Product details:

    • Publisher OUP Oxford
    • Date of Publication 12 October 2017

    • ISBN 9780198784630
    • Binding Hardback
    • No. of pages512 pages
    • Size 256x196x35 mm
    • Weight 1054 g
    • Language English
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    Short description:

    This book examines the protection of the environment in post-conflict societies, with regard both to the maintenance of natural ecosystems and to the function of environmental protection in the peace-building process, addressing the strengths and weaknesses of different bodies of law.

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    Long description:

    This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.

    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.

    Environmental Protection and Transitions from Conflict to Peace offers a path-breaking (and much needed) contribution to peacebuilding by emphasizing the significance of environment in rebuilding war-torn societies. The book delves deeply into the legal matters of post-war environmental protection; it will be useful not only to law practitioners and researchers, but also to scholars and advocates of peace, human rights, and environmental protection.

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    Table of Contents:

    Introduction
    Part I: Foundations
    Considerations in Framing the Environmental Dimensions of Jus Post Bellum
    Defining the Environment:Environmental Integrity
    Part II: Legal Norms and Frameworks
    The Ability of Environmental Treaties to Address Environmental Problems in Post-Conflict
    The Environment and Armed Conflict: Employing General Principles to Protect the Environment
    Using a Framework of Human Rights and Transitional Justice for Post-Conflict Environmental Protection and Remediation
    The Law of Pillage, Conflict Resources, and Jus Post Bellum
    Standard-setting Practices for the Management of Natural Resources in Conflict-Torn Stares: Constitutive Elements of Jus Post Bellum
    Environmental Implications of Disarmament: The Chemical Weapons Convention Case
    Legal Protection of the Environment: The Double Challenge of Non-International Armed Conflict and Post-Conflict Peacebuilding
    Eco-Struggles: Using International Criminal Law to Protect the Environment During and After Non-International Armed Conflict
    Part III: Tensions and Dilemmas
    Reparation for Environmental Damage in Jus Post Bellum: The Problem of Shared Responsibility
    Conflict, Cash and Controversy: Protecting Environmental Rights in Post-Conflict Settings
    Private Security Companies and other Private Security Service Providers (PSCs) and Environmental Protection in Jus Post Bellum: Policy and Regulatory Challenges
    Part IV: Remedying and Preventing Damage and Harm
    Developments in the Law of Environmental Reparations: A Case Study of the UN Compensation Commission
    Victims of Environmental Harm During Conflict: The Potential for 'Justice'
    Post-Conflict Mine Action: Environment and Law
    'After the War is Before the War': The Environment, Preventive Measures under International Humanitarian Law, and their Post-Conflict Impact
    Reframing the Remnants of War: The Role of the International Law Commission, Governments, and Civil Society

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