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Does the laws of armed conflict adequate enough to protect the environment during of the international armed conflict? A legal critique

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  • Zubair Kasem Khan

    (LL. B(Hons), MCL(Malaysia), LLM(UK). Lecturer of Law, Bangladesh University, Dhaka, Bangladesh. Former Graduate Research Fellow, IIUM, Malaysia.)

Abstract

It is an undeniable fact that, environment annihilation and the armed conflicts are like two sides of the same coin and thus can no way be averted the former effects in case of the existence of later cause. Out of this realisation, a number of International Conventions and International Humanitarian laws have developed over times to protect or reduce environment destructions during warfare. Hence, this paper has penned to weigh up carpingly the adequacy and efficacy of the laws of armed conflicts for safeguarding the environment from possible annihilations that occur during warfare of international character. Further to note that, the present paper will not focus on provisions pertaining to environmental protections during war, under international legal instruments that deals with arms limitation, arms proliferation or any other laws addressing jus ad bellum. In other words, the current study will restrict itself to examine only the protection of environment in jus in bello of international character.

Suggested Citation

  • Zubair Kasem Khan, 2018. "Does the laws of armed conflict adequate enough to protect the environment during of the international armed conflict? A legal critique," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 8(Special), pages 174-191, October.
    • Handle: RePEc:asr:journl:v:8:y:2018:i:special:p:174-191
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    More about this item

    Keywords

    Laws of Armed Conflict (LOAC); Additional Protocol-I; the ENMOD Convention Environment Protection;
    All these keywords.

    JEL classification:

    • K32 - Law and Economics - - Other Substantive Areas of Law - - - Energy, Environmental, Health, and Safety Law
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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