2021
DOI: 10.1163/18719732-12341475
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Protecting the Environment from the Perspective of the Law of Armed Conflict

Abstract: The present study analyses climate change from the perspective of the law of armed conflict. Climate may be both a victim and a means of warfare. Arguably, the existing normative framework is broad enough to allow for accommodating climate change. It cannot be denied that the environment is easily harmed, or at least jeopardized in times of armed conflicts. Despite the obvious lack of explicit references in the instruments of international humanitarian law, it may be argued that it is possible to fit climate c… Show more

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“…It is generally believed that in international disputes, general principles of law have little chance of being directly invoked. Despite this, Zheng Bin believes that from a judicial point of view, it cannot be denied that general principles of law have a higher value than custom and treaties; for these principles provide the judicial basis for treaties and custom and control their interpretation and application [ 6 ]. This development offers hope for the resolution of numerous environmental problems, including the range of challenges associated with global environmental change.…”
Section: Introductionmentioning
confidence: 99%
“…It is generally believed that in international disputes, general principles of law have little chance of being directly invoked. Despite this, Zheng Bin believes that from a judicial point of view, it cannot be denied that general principles of law have a higher value than custom and treaties; for these principles provide the judicial basis for treaties and custom and control their interpretation and application [ 6 ]. This development offers hope for the resolution of numerous environmental problems, including the range of challenges associated with global environmental change.…”
Section: Introductionmentioning
confidence: 99%