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The practice of the UN Security Council pertaining to the environment and armed conflict, 1945–2021 1945-2021年联合国安理会在环境与武装冲突问题上的做法
4区 社会学 Q3 Social Sciences Pub Date : 2023-10-17 DOI: 10.1017/s1816383123000425
Radhika Kapoor, Dustin A. Lewis
Abstract Contemporary ecological and climate crises have thrown into sharp relief debates around what roles and responsibilities, if any, international security bodies ought to have in addressing environment-related matters. Building on a wider catalogue of the United Nations Security Council's practice concerning the environment, in this article, we provide a snapshot of the Council's practice pertaining in particular to the environment and armed conflict. In addition to setting out key aspects relating to the personal, geographical and temporal scope of that practice, we identify four armed-conflict-related substantive themes arising in the Security Council's actions in this area: (1) relations between conflict and natural resources; (2) relations between conflict and adverse environment-related phenomena; (3) relations between conflict and chemical and biological weapons; and (4) adverse impacts of conflict on the environment. Through this examination, we aim in part to provide stakeholders with a more extensive and detailed basis on which to evaluate what actions the Council has taken – and, by inference, which actions it has not taken – with respect to the environment and armed conflict.
当代生态和气候危机引发了激烈的争论,即国际安全机构在解决与环境有关的问题上应该发挥什么作用和承担什么责任(如果有的话)。在更广泛的联合国安全理事会在环境方面的做法目录的基础上,我们在本文中简要介绍了安理会特别是在环境和武装冲突方面的做法。除了列出与这种做法的个人、地理和时间范围有关的关键方面外,我们还确定了安全理事会在这一领域的行动中出现的四个与武装冲突有关的实质性主题:(1)冲突与自然资源之间的关系;(2)冲突与环境相关不良现象之间的关系;(3)冲突与生化武器之间的关系;(4)冲突对环境的不利影响。通过这项审查,我们的部分目的是为利益攸关方提供一个更广泛和详细的基础,以评估安理会在环境和武装冲突方面采取了哪些行动,并由此推断安理会没有采取哪些行动。
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引用次数: 0
Interview with Marja Lehto 专访玛丽亚-莱托
4区 社会学 Q3 Social Sciences Pub Date : 2023-10-02 DOI: 10.1017/s1816383123000437
Dr Marja Lehto is Ambassador for International Legal Affairs at the Ministry for Foreign Affairs of Finland, and Adjunct Professor of International Law at the University of Helsinki. She was a member of the United Nations (UN) International Law Commission (ILC) and served as the Special Rapporteur for the topic “Protection of the Environment in Relation to Armed Conflicts” from 2017 to 2022. Dr Lehto is also a member of the Council of the International Institute of Humanitarian Law since 2019. She has formerly served, inter alia , as Legal Adviser to the Finnish UN Mission in New York (1995–2000), as Head of the Unit for Public International Law (2000–09), and as Finland's Ambassador to Luxembourg (2009–14). For most of her career, she has worked on issues related to international peace and security, including international criminal justice and international humanitarian law (IHL), and she has published on a broad range of international legal questions related to the law of the sea, international environmental law (IEL), State succession, use of force, armed conflicts, terrorism and cyber security.
Marja Lehto博士是芬兰外交部国际法律事务大使,也是赫尔辛基大学国际法兼职教授。她是联合国国际法委员会(ILC)成员,并于2017年至2022年担任“与武装冲突有关的环境保护”专题特别报告员。Lehto博士自2019年起担任国际人道法研究所理事会成员。她曾担任联合国驻纽约芬兰特派团法律顾问(1995-2000年)、国际公法司司长(2000-09年)、芬兰驻卢森堡大使(2009-14年)等。在其职业生涯的大部分时间里,她一直致力于与国际和平与安全相关的问题,包括国际刑事司法和国际人道法,并就与海洋法、国际环境法、国家继承、使用武力、武装冲突、恐怖主义和网络安全相关的广泛国际法律问题发表过文章。
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引用次数: 0
Leveraging emerging technologies to enable environmental monitoring and accountability in conflict zones 利用新兴技术实现冲突地区的环境监测和问责制
4区 社会学 Q3 Social Sciences Pub Date : 2023-09-27 DOI: 10.1017/s1816383123000383
Wim Zwijnenburg, Ollie Ballinger
Abstract The growth of access to the internet, wide availability of smart phones and increased public access to remote sensing data from hundreds of satellite systems have spurred a revolution in tracking the linkages between armed conflict and environmental damage. Over the last decade, a growing community of open-source investigative experts, environmentalists, academics and civil society groups have applied these methods to document war crimes, human rights violations and environmental degradation. These developments have created new opportunities for building accountability and transparency. The wealth of data on conflict-linked environmental damage has already been successfully leveraged to address acute and long-term environmental health risks and inform humanitarian response and post-conflict environmental assessments in Iraq, Syria and Ukraine. There are, however, larger questions on how to best make use of these data streams and information layers, and how to navigate the opportunities and limitations of these developments. This article will outline the new developments in this field and provide recommendations to ensure that data is used responsibly and effectively to strengthen accountability for environmental damages as a result of armed conflict.
互联网接入的增长、智能手机的广泛使用以及公众对数百个卫星系统遥感数据的越来越多的访问,在跟踪武装冲突与环境破坏之间的联系方面引发了一场革命。在过去十年中,越来越多的开源调查专家、环保主义者、学者和民间社会团体应用这些方法来记录战争罪行、侵犯人权和环境恶化。这些事态发展为建立问责制和透明度创造了新的机会。与冲突有关的环境损害的丰富数据已经成功地用于解决伊拉克、叙利亚和乌克兰的急性和长期环境健康风险,并为人道主义反应和冲突后环境评估提供信息。然而,关于如何最好地利用这些数据流和信息层,以及如何驾驭这些发展的机会和限制,存在着更大的问题。本文将概述这一领域的新发展,并提出建议,以确保负责任地和有效地使用数据,加强对武装冲突造成的环境损害的问责制。
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引用次数: 1
War in cities: Why the protection of the natural environment matters even when fighting in urban areas, and what can be done to ensure protection 城市战争:为什么即使在城市地区战斗,保护自然环境也很重要,以及可以做些什么来确保保护
4区 社会学 Q3 Social Sciences Pub Date : 2023-09-27 DOI: 10.1017/s1816383123000395
Eve Massingham, Elina Almila, Mathilde Piret
Abstract Around 50 million people across the world are affected by urban warfare. When conflict occurs in cities, the natural environment has historically been relegated to an afterthought, but both the immediate and long-term environmental consequences of urban warfare are serious. This article looks at actions that can be taken to protect the natural environment – and through this, the population – against the effects of urban warfare when fighting in urban areas. It is intended to be a part of the conversation about what parties to armed conflict can and should do to give effect to their legal obligations under international humanitarian law and international law more broadly, with a specific focus on the natural environment when fighting in urban areas.
全球约有5000万人受到城市战争的影响。当城市发生冲突时,自然环境历来被置于次要地位,但城市战争的直接和长期环境后果都是严重的。本文着眼于在城市地区作战时,可以采取哪些行动来保护自然环境,从而保护人口免受城市战争的影响。它的目的是成为关于武装冲突各方能够和应该做些什么来履行国际人道主义法和更广泛的国际法规定的法律义务的对话的一部分,特别侧重于在城市地区战斗时的自然环境。
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引用次数: 1
Building the case for a social and behaviour change approach to prevent and respond to the recruitment and use of children by armed forces and armed groups 建立社会和行为改变方法的案例,以防止和应对武装部队和武装团体招募和使用儿童
4区 社会学 Q3 Social Sciences Pub Date : 2023-09-18 DOI: 10.1017/s1816383123000346
Line Baagø-Rasmussen, Carin Atterby, Laurent Dutordoir
Abstract Over the last decade, social and behaviour change strategies have increasingly been used to address human rights and child protection concerns, including harmful practices such as child marriage, female genital mutilation and violent discipline. Social and gender norms have also been recognized as key drivers of child recruitment. Nonetheless, the use of social and behaviour change strategies to prevent and respond to the recruitment and use of children in armed conflict has not yet been systematically explored or applied. Building on academic and practical sources, including findings from studies by the International Committee of the Red Cross and United Nations University, social and behavioural science theory, experiences from the Monitoring and Reporting Mechanism on grave violations against children, and academic literature, this article explores how social and behaviour change approaches can inform prevention of and response to the recruitment and use of children in armed conflict. The article concludes that social and behaviour change approaches can effectively inform prevention and reintegration efforts and can facilitate responses that bridge the humanitarian, development and peace nexus. Using social and behaviour change approaches can help to reveal why children are recruited from the perspective of key actors and entities across the socio-ecological framework in order to prevent the practice from becoming more accepted.
在过去十年中,社会和行为改变战略越来越多地用于解决人权和儿童保护问题,包括诸如童婚、切割女性生殖器官和暴力惩戒等有害做法。社会和性别规范也被认为是招募儿童的关键因素。然而,利用改变社会和行为的战略来预防和应对在武装冲突中招募和使用儿童的问题,尚未系统地加以探讨或应用。本文以学术和实践资源为基础,包括红十字国际委员会和联合国大学的研究结果、社会和行为科学理论、严重侵犯儿童行为监测和报告机制的经验以及学术文献,探讨了社会和行为改变方法如何为预防和应对武装冲突中招募和使用儿童提供信息。文章的结论是,社会和行为改变方法可以有效地为预防和重新融入社会的努力提供信息,并可以促进弥合人道主义、发展与和平联系的反应。使用社会和行为改变方法可以帮助从社会生态框架的关键行为者和实体的角度揭示为什么招募儿童,以防止这种做法被更多人接受。
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引用次数: 1
The Climate and Environment Charter for Humanitarian Organizations: Strengthening the humanitarian response to the climate and environment crises 人道主义组织气候和环境宪章:加强对气候和环境危机的人道主义反应
IF 0.7 4区 社会学 Q3 Social Sciences Pub Date : 2023-09-06 DOI: 10.1017/s1816383123000371
Catherine-Lune Grayson, Amir Khouzam, Nishanie Jayamaha, Stephanie Julmy
Since its launch in 2021, the Climate and Environment Charter for Humanitarian Organizations (the Charter) has been signed by hundreds of humanitarian actors across the world, including local and national organizations, United Nations agencies, National Red Cross and Red Crescent Societies, and large international NGOs. The Charter's development grew out of a sector-wide recognition that humanitarians have a role to play in addressing the crises of climate change and environmental degradation, and that fulfilling this role would entail changing how they work. Two years into its existence, the Charter has helped build momentum towards this change and has provided a useful measurement tool for how much remains to be done. This paper traces the origins, inspiration and process of the Charter from the perspective of the present authors, who co-led the Charter's development. The article highlights some of the challenges that we faced and how these were addressed. In taking stock of progress towards the Charter's goals, the article flags areas where further effort is needed to adequately strengthen the humanitarian response to the climate and environmental crises.
自2021年启动以来,《人道主义组织气候与环境宪章》(以下简称《宪章》)已得到世界各地数百个人道主义行为体的签署,包括地方和国家组织、联合国机构、国家红十字会和红新月会以及大型国际非政府组织。整个行业都认识到,人道主义者在应对气候变化和环境退化危机方面可以发挥作用,而履行这一角色就需要改变他们的工作方式。《宪章》存在两年以来,帮助建立了实现这一变革的势头,并提供了一个有用的衡量工具,衡量仍有多少工作要做。本文从共同领导《宪章》发展的现任作者的角度,追溯《宪章》的起源、启示和过程。本文重点介绍了我们面临的一些挑战以及如何解决这些挑战。在评估实现《宪章》目标的进展情况时,该条指出了需要进一步努力的领域,以充分加强对气候和环境危机的人道主义反应。
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引用次数: 3
International environmental law as a means for enhancing the protection of the environment in warfare: A critical assessment of scholarly theoretical frameworks 国际环境法作为加强战争中环境保护的手段:对学术理论框架的批判性评估
IF 0.7 4区 社会学 Q3 Social Sciences Pub Date : 2023-09-06 DOI: 10.1017/s1816383123000358
Raphaël van Steenberghe
The protection of the environment during warfare attracted significant attention in the 1990s, especially after the 1990–91 Gulf War. It became clear at that time that the few rules provided by international humanitarian law (IHL) aimed specifically at protecting the environment were insufficient. Various studies have since been undertaken with the aim of strengthening that protection from an IHL perspective. It is only recently that scholars and institutions like the International Law Commission have started to reflect on how to better protect the environment in armed conflict through the lens of another branch of international law, namely, international environmental law (IEL). Such an approach has involved examining the interplay between IHL and IEL, and scholars have subsequently proposed and then elaborated on frameworks in that respect. This paper intends to identify common trends of those frameworks and to critically appraise them, with the aim of providing a suitable approach to the interplay between IHL and IEL.
战争期间的环境保护在20世纪90年代引起了极大的关注,特别是在1990-91年海湾战争之后。当时很明显,国际人道主义法专门为保护环境而规定的几条规则是不够的。此后开展了各种研究,目的是从国际人道法的角度加强这种保护。直到最近,像国际法委员会这样的学者和机构才开始通过国际法的另一个分支,即国际环境法,来思考如何在武装冲突中更好地保护环境。这种方法涉及到对国际人道法和国际法律之间相互作用的研究,学者们随后提出并详细阐述了这方面的框架。本文旨在确定这些框架的共同趋势,并对其进行批判性评估,目的是为国际人道法与国际法律法规之间的相互作用提供合适的方法。
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引用次数: 0
At the frontlines of implementing the right to a healthy environment: Understanding human rights and environmental due diligence in relation to armed conflicts 在落实健康环境权的第一线:了解与武装冲突有关的人权和环境尽职调查
IF 0.7 4区 社会学 Q3 Social Sciences Pub Date : 2023-08-31 DOI: 10.1017/s1816383123000310
A. Kron
Potential harm to human rights and the environment, including by corporate actors, is amplified in situations of conflict. This article focuses on applying the right to a healthy environment in relation to armed conflicts and corporate responsibility. In particular, it analyzes and compares due diligence requirements in the European Union Conflict Minerals Regulation and the International Law Commission's Draft Principles on Protection of the Environment in Relation to Armed Conflicts and examines how these align with the right to a healthy environment.
包括公司行为者在内的对人权和环境的潜在危害在冲突局势中被放大。本文的重点是在武装冲突和企业责任方面适用健康环境权。特别是,报告分析和比较了《欧洲联盟冲突矿产条例》和国际法委员会《与武装冲突有关的保护环境原则草案》中的尽职调查要求,并审查了这些要求如何与健康环境权相一致。
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引用次数: 1
Time for “environmentarian corridors”? Investigating the concept of safe passage to protect the environment during armed conflict 是时候建立“环保走廊”了?研究在武装冲突期间保护环境的安全通道概念
IF 0.7 4区 社会学 Q3 Social Sciences Pub Date : 2023-08-31 DOI: 10.1017/s1816383123000309
Felicia Wartiainen
Actors engaging in a diverse set of environmental protection activities are experiencing serious difficulties executing their mandates during armed conflict, leading to environmental harm that could otherwise have been mitigated. This article examines to what extent the international legal and policy framework can ensure the protection of environmental protection actors during armed conflict. It is argued that environmental protection actors can be seen either as part of civil defence organizations or as humanitarian relief actors, and are therefore covered by special protections under international humanitarian law. However, two main challenges remain: (1) despite these existing provisions, environmental protection actors may still face access and safety issues during armed conflict, and (2) within this framework, environmental protection activities must be linked to civilian needs and cannot be conducted based on ecocentric motivations. To overcome these challenges, the article introduces the concept of “environmentarian corridors”. Environmentarian corridors would allow for the unimpeded movement of environmental protection workers and resources through contested territory and into emergency areas to protect the environment. They would also serve to increase awareness about obligations to protect the environment and would help to ensure the safety of environmental protection actors during armed conflict, as the role and mandate of these actors is explicitly accepted by stakeholders. Additionally, environmentarian corridors offer potential for conducting environmental protection activities on ecocentric grounds. The article concludes by advocating for stakeholders to employ the provisions and concepts articulated herein as a means to further promote and strengthen initiatives aimed at protecting the environment during armed conflict.
在武装冲突期间,从事各种环境保护活动的行为者在执行其任务时遇到了严重困难,造成了本来可以减轻的环境损害。本文探讨了国际法律和政策框架在多大程度上可以确保在武装冲突期间保护环境保护行动者。有人认为,环境保护行为者既可以被视为民防组织的一部分,也可以被视为人道主义救济行为者,因此受到国际人道主义法的特别保护。然而,两个主要的挑战仍然存在:(1)尽管有这些现有的规定,环境保护行为者在武装冲突期间可能仍然面临准入和安全问题;(2)在这个框架内,环境保护活动必须与民用需求联系起来,不能基于生态中心的动机进行。为了克服这些挑战,本文引入了“环境走廊”的概念。环境保护走廊将允许环境保护工作者和资源不受阻碍地通过有争议的领土和进入紧急地区以保护环境。它们还将有助于提高对保护环境义务的认识,并有助于确保武装冲突期间环境保护行为体的安全,因为这些行为体的作用和任务得到利益攸关方的明确接受。此外,环境走廊为在生态中心场地开展环境保护活动提供了潜力。文章最后倡导利益攸关方将本文阐述的条款和概念作为进一步促进和加强旨在武装冲突期间保护环境的举措的手段。
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引用次数: 0
A galaxy of norms: UN peace operations and protection of the environment in relation to armed conflict 一系列规范:与武装冲突有关的联合国和平行动和环境保护
IF 0.7 4区 社会学 Q3 Social Sciences Pub Date : 2023-08-25 DOI: 10.1017/s1816383123000322
Mara Tignino, T. Kebebew
Given the increasing size and functions of United Nations (UN) peace operations (POs) and the fact that they often operate in contexts where natural resources are degraded, POs have repercussions on the environment. Yet, there is not much literature on their obligations regarding the protection of the environment in relation to armed conflicts. This article provides insights into the obligations of POs in relation to armed conflict. First, it highlights POs’ customary international environmental law obligations. Second, it delves into their environmental obligations under the UN's internal rules and the host State's laws. Third, it explores obligations that arise from their mandates. In each of these sections, the article highlights the relevance and application of these obligations in armed conflicts. The last section examines the obligations of POs to protect the natural environment under international humanitarian law.
鉴于联合国维和行动的规模和职能日益扩大,而且维和行动往往在自然资源退化的情况下开展,因此维和行动对环境产生了影响。然而,关于它们在与武装冲突有关的环境保护方面的义务的文献并不多。本文对与武装冲突有关的POs的义务提供了见解。首先,它突出了POs的习惯国际环境法义务。其次,根据联合国的内部规则和东道国的法律,深入研究了他们的环境义务。第三,探讨了它们的授权所产生的义务。在每一节中,文章都强调了这些义务在武装冲突中的相关性和适用情况。最后一节考察了国际人道主义法规定的POs保护自然环境的义务。
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引用次数: 0
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International Review of the Red Cross
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