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 0.6 4区 社会学 Q2 LAW International Review of the Red Cross Pub Date : 2023-08-31 DOI:10.1017/s1816383123000309
Felicia Wartiainen
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引用次数: 0

摘要

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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Time for “environmentarian corridors”? Investigating the concept of safe passage to protect the environment during armed conflict
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.
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来源期刊
CiteScore
1.10
自引率
28.60%
发文量
92
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