Environmental protection and transitions from conflict to peace / edited by Carsten Stahn, Jens Iverson and Jennifer S. Easterday.

Includes bibliographical references and index.

Introduction: protection of the environment and jus post bellum : some preliminary reflections / Carsten Stahn, Jens Iverson, and Jennifer Easterday -- Part I: Foundations. Considerations in framing the environmental dimensions of jus post bellum / Carl Bruch -- Defining the "environment" -- environmental integrity / Cymie R. Payne -- Part II: Legal Norms and Frameworks. The ability of environmental treaties to address environmental problems in post conflict / Britta Sjöstedt -- The environment and armed conflict : employing general principles to protect the environment / Kirsten Stefanik -- Using a framework of human rights and transitional justice for post-conflict environmental transitional justice for post- conflict environmental protection and remediation / Karen Hulme -- The law of pillage, conflict resources, and jus post bellum / Olivia Radics and Carl Bruch -- Standard-setting practices for the management of natural resources in conflict-torn states : constitutive elements of jus post bellum / Daniëlla Dam-de Jong -- Environmental implications of disarmament : the CWC case / Ayșe-Martina Böhringer and Thilo Marauhn -- Legal protection of the environment: the double challenge of non-international armed conflict and post-conflict peacebuilding / Dieter Fleck -- Eco-struggles : using international criminal law to protect the environment during and after non-international armed conflict / Matthew Gillet -- Part III: Tensions and Dilemmas. Reparation for environmental damage in jus post bellum : the problem of shared responsibility / Ilias Plakokefalos -- Conflict, cash and controversy : protecting environmental rights in post-conflict settings / Jennifer Easterday and Hana Ivanhoe -- Private security companies and other private security providers (PSCS) and environmental protection in jus post bellum : policy and regulatory challenges / Onita Das and Aneaka Kellay -- Part IV: Remedying and Preventing Damage and Harm. Developments in the law of environmental reparations : a case study of the UN Compensation Commission / Cymie R. Payne -- Victims of environmental harm during conflict : the potential for justice / Merryl Lawry-White -- Post conflict mine action : environment and law / Ursign Hofman and Pascal Rapillard -- "After the war is before the war" -- the environment, preventative measures under international humanitarian law and their post-conflict impact / Anne Dienelt -- Reframing the remnants of war: the role of the International Law Commission, governments and civil society / Doug Weir.

Environmental protection is fundamental for the establishment of sustainable peace. Applying traditional legal approaches to protection raises particular challenges during the transition from conflict to peace. In the jus post bellum context, protection of the environment and natural resources needs to be considered in tandem with a broad range of simultaneously applicable normative frameworks, such as human rights, transitional justice, arms control/disarmament, UN law and practice, development, and domestic law. While certain multilateral environment agreements, such as the Convention Concerning the Protection of the World Cultural and Natural Heritage protect the environment; international humanitarian law and international criminal law continue to treat environmental protection largely from an anthropocentric perspective. This book is the first targeted work in the legal literature that investigates environmental challenges in the aftermath of conflict. Addressing these challenges, it brings together academics, policy-makers, and practitioners from different disciplines to clarify policies and practices of environmental protection and key normative frameworks.0It draws on experiences and practices in post-conflict settings to specify substantive principles and techniques to remedy and prevent harm.