{"title":"A Sleeping Giant? The ENMOD Convention as a Limit on Intentional Environmental Harm in Armed Conflict and Beyond","authors":"Joanna Jarose","doi":"10.1017/ajil.2024.15","DOIUrl":null,"url":null,"abstract":"<p>This Article reinterprets the 1976 Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques (ENMOD) to show how it might rationally strengthen protections for the environment against intentional damage by states, particularly during armed conflict. The Article applies the orthodox rules of treaty interpretation to analyze in depth the Convention text, the <span>travaux préparatoires</span>, and available subsequent state practice, aiming to determine how the somewhat opaque Article II of ENMOD and its definition of “environmental modification technique” is best understood. It concludes that ENMOD has a broader potential application than it has historically been given.</p>","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":null,"pages":null},"PeriodicalIF":2.7000,"publicationDate":"2024-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"American Journal of International Law","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1017/ajil.2024.15","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"INTERNATIONAL RELATIONS","Score":null,"Total":0}
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Abstract
This Article reinterprets the 1976 Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques (ENMOD) to show how it might rationally strengthen protections for the environment against intentional damage by states, particularly during armed conflict. The Article applies the orthodox rules of treaty interpretation to analyze in depth the Convention text, the travaux préparatoires, and available subsequent state practice, aiming to determine how the somewhat opaque Article II of ENMOD and its definition of “environmental modification technique” is best understood. It concludes that ENMOD has a broader potential application than it has historically been given.
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