史无前例的拉姆萨尔决议:武装冲突中的乌克兰湿地保护

Meng Wang
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摘要

武装冲突会对环境造成破坏性后果,对重要的生态系统和自然资源产生不利影响。俄罗斯和乌克兰之间的冲突自 2022 年 2 月以来一直持续不断,严重影响了乌克兰的湿地,危及其重要的生态系统服务。因此,侧重于保护和可持续利用湿地的《关于特别是作为水禽栖息地的国际重要湿地公约》("拉姆萨尔公约")成为武装冲突期间应对环境紧急情况的宝贵工具。俄罗斯和乌克兰都是《拉姆萨尔公约》的缔约国,两国的武装冲突对环境造成了负面影响,《拉姆萨尔公约》在这种冲突中的有效性正在经受考验。本文的核心内容是《拉姆萨尔公约》缔约方大会最近通过的一项决议,题为 "乌克兰因俄罗斯联邦的侵略对其具有国际重要意义的湿地(拉姆萨尔遗址)造成破坏的环境紧急状况"。本文评估了《拉姆萨尔公约》内的机制和该决议在应对武装冲突期间乌克兰拉姆萨尔遗址所面临的环境挑战方面的有效性。本案例研究为武装冲突期间实施国际环境法条约所面临的总体挑战提供了广泛的见解。此外,它还强调了利用《拉姆萨尔公约》和类似环境协定在武装冲突期间有效保护自然环境和生态系统的潜力。
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The Unprecedented Ramsar Resolution: Ukrainian Wetlands Protection in Armed Conflict

Armed conflict has devastating environmental consequences, adversely impacting critical ecosystems and natural resources. The conflict between Russia and Ukraine, which has been ongoing since February 2022, has significantly affected Ukrainian wetlands, jeopardising their vital ecosystem services. The Convention on Wetlands of International Importance Especially as Waterfowl Habitat (‘Ramsar Convention’), which focuses on conserving and sustainably using wetlands, thus stands as a valuable tool for addressing environmental emergencies during armed conflict. With both Russia and Ukraine as Contracting Parties to the Ramsar Convention and their armed conflict causing a negative environmental impact, the effectiveness of the Ramsar Convention during such a conflict is being tested. The centrepiece of this article is a Resolution entitled ‘Environmental emergency in Ukraine relating to the damage of its wetlands of international importance (Ramsar Sites) stemming from the Russian Federation’s aggression’ recently adopted by the Conference of the Contracting Parties to the Ramsar Convention. This article assesses the effectiveness of the mechanisms within the Ramsar Convention and this Resolution in addressing the environmental challenges faced by Ukrainian Ramsar Sites during armed conflict. This case study provides broad insights into the overall challenges to implementing international environmental law treaties in times of armed conflict. Furthermore, it highlights the potential of leveraging the Ramsar Convention and similar environmental agreements to effectively safeguard the natural environment and ecosystems in times of armed conflict.

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来源期刊
CiteScore
2.10
自引率
11.10%
发文量
23
期刊介绍: The Netherlands International Law Review (NILR) is one of the world’s leading journals in the fields of public and private international law. It is published three times a year, and features peer-reviewed, innovative, and challenging articles, case notes, commentaries, book reviews and overviews of the latest legal developments in The Hague. The NILR was established in 1953 and has since become a valuable source of information for scholars, practitioners and anyone who wants to stay up-to-date of the most important developments in these fields. In the subscription to the Netherlands International Law Review the Netherlands Yearbook of International Law (NYIL) is included. The NILR is published by T.M.C. Asser Press, in cooperation with the T.M.C. Asser Instituut, and is distributed by Springer International Publishing. T.M.C. Asser Instituut, an inter-university institute for Private and Public International Law and European Law, was founded in 1965 by the law faculties of the Dutch universities. The Institute is responsible for the promotion of education and research in international law.
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