AN APPRAISAL OF THE LEGAL FRAMEWORK FOR INTERNATIONAL ENVIRONMENTAL PROTECTION UNDER THE LAW OF ARMED CONFLICT
AN APPRAISAL OF THE LEGAL FRAMEWORK FOR INTERNATIONAL ENVIRONMENTAL PROTECTION UNDER THE LAW OF ARMED CONFLICT
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Date
2011-04
Authors
JAMILA, ISAH
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Abstract
The effect of war has far gone beyond human suffering. Armed conflict has
devastating effect on the environment. It is on record that some battlefields of the
World War I and II are still unfit for human habitation and cultivation. Consequently,
environmental law of war exists to provide protection to the environment during
armed conflicts. This thesis examines the adequacy or otherwise of the legal
framework for the protection of the environment during war time. It equally
investigates the mechanisms for the enforcement of the legal regime on the protection
of the environment.
The main objectives of this thesis are to identify the legal framework on
environmental protection during armed conflict; to examine problems if any in the
enforcement of environmental law of war and to enhance access to information on the
consequences of armed conflict on the environment.
The thesis observes that some treaty provisions that afford protection to the
environment during armed conflict are vague and imprecise. It also found that
majority of the international legal framework protecting the environment during
armed conflict were basically designed for international armed conflict and do not
apply to non international armed conflict.
Consequently, the thesis recommends, amongst other things, the establishment of new
legal regime specifically for the protection of the environment during armed conflict.
Similarly, countries must develop the necessary political commitment and popular
support to implement fully laws and policies that enhance environment protection
during wartime.
Description
A THESIS SUBMITTED TO THE POSTGRADUATE SCHOOL, AHMADU
BELLO UNIVERSITY, ZARIA, IN PARTIAL FULFILLMENT FOR THE
REQUIREMENT OF MASTER OF LAWS (LLM) DEGREE.
April, 2011
Keywords
APPRAISAL,, LEGAL,, FRAMEWORK,, INTERNATIONAL,, ENVIRONMENTAL,, PROTECTION,, UNDER,, LAW, ARMED,, CONFLICT.