Tirthdas, Samantha Ann Tanquintic1 October 2015 | Prof. CasisSLR Outline

Greenkeeping: International Environmental Law in the Context of Armed Conflict

I. Introductiona. What is Greenkeeping? [Parsons p2]b. Obligations of States and State Responsibilityi. International Law Commission Draft Articles on State Responsibility Article 19 (3) (d) [Al-Duaij p150 & Kirchner p5]ii. Rome Statute Article 8 (2) (b) (iv) [Al-Duaij p151 & Reyhani p14]iii. General Obligation of States to Ensure that Activities Within Their Jurisdiction and Control Respect the Environment of Other States or of Areas Beyond National Control (International Court of Justice, Advisory Opinion: Legality of the Threat or Use of Nuclear Weapons) [Reyhani p1 & Kirchner p6]II. The Green Cost of War: Environmental Impact of Armed Conflicta. What is Armed Conflict?b. The Destructive Capacity of Modern Weaponry and Warfare on the Environmenti. Military Training Areas and Disposal of Hazardous Wasteii. Nuclear Weapons1. The Manhattan Project and the Soviet Atomic Bomb Project2. 1945 Atomic Bomb Attack on Japan 3. Cuban Missile Crisis4. The Cold Wariii. Chemical Weapons1. The First and Second World Wars2. The Cold War3. Iran-Iraq War4. Aum Shinrikyuiv. Biological Weapons1. Before the 1900s2. The First and Second World Wars3. Post World Warv. Environmental Modification Weapons1. Agent Orangea. The Malayan Emergency: The Briggs Planb. The Vietnam War: Operation Ranch Hand c. Environmental Damage following the War Path i. Harm to Biodiversity and Destruction of Habitatsii. Unexploded Ammunition and Abandoned Materials III. Enviro-Humanitarian Law: Environmental Protection as a Matter of Human Righta. The Intersection of Environmental Law and Humanitarian Law i. The Right to a Safe Environment and a Healthy Ecologyii. Customary Law of War 1. Military Necessity; Proportionality; Discrimination; and Humanity [Parsons p51 & Al-Duaij p75 & Kirchner p5]2. The Hague Regulations [Parsons p53]iii. Military Doctrine in Environmental Protection During Armed Conflictiv. The Principle of Intergenerational Equity IV. Legal Regimes in the Environmental Law of Armed Conflict a. International Environmental Hard Law Instruments & Treaty Lawi. The 1959 Antarctic Treaty [Al-Duaij p152 & Kirchner p1]ii. 1925 Geneva Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare [Al-Duaij p295]iii. Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques (ENMOD) of 1986 [Reyhani p2 & Al-Duaij p151 p300] iv. Additional Protocol I 1977 to the Geneva Convention [Reyhani p5, Dinstein p8 also see p14]v. United Nations Convention on Certain Conventional Weapons [Al-Duaij p291]vi. Protocol III annexed to the Convention on Conventional Weapons [Reyhani p10]vii. United Nations Convention on the Law of the Sea [Al-Duaij p154 & Reyhani p11]viii. Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction [Reyhani p11 & Al-Duaij p278]ix. Convention on the Prohibition of the Development, Production, Stockpiling, and Use of Bacteriological and Toxin Weapons [Al-Duaij p283]x. Convention on the Prohibition of the Use, Stockpiling, Production, and Transfer of Anti-Personnel Mines and on Their Destruction [Al-Duaij p287]xi. Geneva Protocol on Monitoring Compliance with Chemical and Germ Warfare [Al-Duaij p286]b. International Environmental Soft Law i. Stockholm Declaration & Stockholm Conference Principle 21 [Al-Duaij p 183 p102 & Parsons p61 ]ii. United Nations Declaration on Environment and Development [Tolentino p3]iii. Rio Declaration [Parsons p61 & Reyhani p12] iv. 1982 World Charter for Nature [Kirchner p4 & Parsons p62]v. General Principles of International Law Arising from the Dictates of Public Conscience [Al-Duaij p96]1. The Martens Clause [Al-Duaij p92]2. The IUCN Amman Clause [Al-Duaij p109]c. Movements in Environmental Protection in Armed Conflicti. 3rd Meeting of the Preparatory Committee in Genevaii. the Consultation on the Law Concerning the Protection of the Environment in Times of Armed Conflict by the International Council of Environmental Law (ICEL)iii. The United Nations Conference on the Environment and Development (UNCED) iv. The Second Review Conference of the Parties to the ENMOD Convention v. The Doha Conference on International Legal Issues arising under the United Nations Decade of International LawV. Conclusiona. Approaches in Moving Forward in International Environmental Law of Armed Conflicti. International Convention Approach ii. Consolidation Approachiii. Customary Law & Military Guidelines Approachb. Use of Military Doctrine to forward International Environmental Law of Armed Conflict in Conjunction with the Existing Legal Framework of International Environmental Law