The laws should also be reformed to add environmental value to them, than is currently the case The threshold for the damage should be lowered The mandate of the United Nations Security Council during armed conflicts should be given more power to deal with threats in times of conflict.
Shevtsov, The Jiyeh oil spill had many implications on the environment. Terms like wide spread, long term and severe limit the ability of the law to offer adequate protection in cases like Lebanon. It indicated that the massive oil spill from the Jiyeh power plant had polluted the coastline along Lebanon and some of its neighbors including Turkey, Syria and Cyprus.
There is also need to form a world environmental court with legal experts in it to try such cases so that countries are held accountable for their actions during war. Sonja, This is especially so for maritime environments. The ENMOD convention, for example, provides only limited protection to the environment because of the conditions it imposes.
Contamination of the ground water wells rendered the water unfit for human consumption. The Lebanon oil spill is used as a case study.
It also focuses on damage inflicted on land, while the effects on the sea are not adequately addressed. The following recommendations should be considered to achieve this goal: Another example is the Gulf War in which some oil wells were burnt. Introduction International environmental law has been described variously by different people.
Accessed on December 9th, http: First of all, the pollution of the sea threatened marine life, especially the green sea turtle and the blue fin tuna found in this part of the sea. The fire released smoke into the atmosphere laden with pollutants in form of soot, particulate matter, carbon monoxide and methane.
It does not also address the aspects of marine pollution and other related damage. Accessed on December 9th, Lopez, M. Examples include 2nd World War in which British forces destroyed Rumanian oil fields in order to deny the Axis powers access to them.
However, other quarters claimed that ENMOD was only intended to ban use of advanced technology, so Iraq could not be held liable. This was a day conflict that involved the Hezbollah faction from Lebanon and the Israeli military.
Israel retaliated by launching massive aerial and ground bombardments against selected targets in Lebanon.
Article I of the treaty states that: Recent conflicts have highlighted the role of oil as targets during conflicts. Conclusion If appropriate structures are put in place in order to enforce the environmental law during armed conflict, major strides can be made to protect countries engaged in from wanton environmental destruction by the other parties in the conflict.
UNEP 45 The bombardment of the plant also caused large fires, which burnt for an estimated 27 days. It has many programs like the environmental assessment, which has carried out various assessments in conflict regions.
The modern international environmental law is widely believed to have been formulated during the late s and early s. However, up to date, no action has been taken against it.
Geneva ENMOD Although the environmental laws governing warfare have been there for a long time, the depth and concern over the effects of war on the environment emerged after the 2nd World War. The spill affected approximately kilometers of the Lebanese coastline, including the beaches, ports and the marinas.
This is because of the weaknesses in the international environmental laws. An example is the Iraq attack on Iranian Norwuz oil fields which led to major environmental damage, but for which Iran was never compensated.
This paper seeks to analyze the various laws pertaining to protection of the environment during conflict and the role of various international organizations in formulating and enforcing environmental law. In one of its resolutions it stated that: This therefore calls for the formulation of a new convention altogether that would address these issues.
The controversy has never been resolved. The convention was concluded under the backdrop of the Vietnam War, in which the United States of America used massive amounts of herbicides against Vietnam.
Furthermore, the spill resulted in significant pollution of both the surface and ground water, in addition to polluting the rocks under the plant. Sonja, The international environmental of armed conflict has been in existence for many centuries.
The program has been instrumental in the international environmental matters and has carried out various environmental impact assessment studies in areas affected by conflict like Iraq, Palestine, Sudan, and Lebanon among others.
Policy Recommendations In the face of the glaring inadequacies of the International Environmental Laws for Armed Conflict, it is imperative for the United Nations to undertake policy changes that would ensure that the environment is adequately protected from war destruction. This is because, dating back to early civilization, many nations have attempted to use the force of nature in order to gain military advantage over their foes, some with remarkable success.
As such, there have been attempts prescribe the limits to which mankind can go in event of armed conflict.In order to understand the ontological nature of Environmental Law we must start by defining Environment. If Environment constitutes a specific object, different from all other objects, the existence of a new legal system is justified, whenever it cannot be in one of the existing "branches- of Law.
ENVIRONMENTAL LAW 1. To what extent have the principles of environmental law been incorporated in the Environmental Protection Act 20TH MARCH, Introduction The environment is made up of the physical, biological and human elements.
These three are different facets of one and the same environment. Law Essays Law Teacher provides you with law essays to help you write your own! Use them to get a feel for the style used, or to find books, journals, cases and quotes. Environmental Law Essay Sample.
INTERNATIONAL ENVIRONMENTAL LAW DURING ARMED CONFLICTS: Introduction. International environmental law has been described variously by different people. Environmental Law Essays: OverEnvironmental Law Essays, Environmental Law Term Papers, Environmental Law Research Paper, Book Reports.
ESSAYS, term and research papers available for UNLIMITED access. Environmental Impact upon the Oceans and International Law When looking at the environment of the Earth's oceans, it is important to realize that the entire ocean is composed of a different base material than the rest of the mass of the world, this of course, being water.Download