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11. Business, Armed Conflict, and Protection of the Environment: What Avenues for Corporate Accountability?

Author:
Marie Davoise
Publication Date:
07-2020
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
In July 2019, the International Law Commission (ILC) provisionally adopted, on first reading, a series of draft principles on the protection of the environment in relation to armed conflict (the Draft Principles). The role of businesses in armed conflict is addressed in Draft Principle 10 and Draft Principle 11. The latter, in particular, requires States to implement appropriate measures to ensure that corporations operating in or from their territories can be held accountable for environmental harm in the context of armed conflict. The inclusion of those two Draft Principles reflects increasingly vocal calls for corporate accountability, which has been the focus of the growing field of Business and Human Rights (BHR), an umbrella term encompassing a variety of legal regimes from tort law to criminal law. This contribution will look at the link between businesses, the environment, and armed conflict. Using the newly adopted Draft Principle 11 as a starting point, it explores three major liability regimes through which businesses could be held accountable for damage to the environment in armed conflict: State responsibility, international criminal law, and transnational tort litigation. Using case studies, the article discusses some of the challenges associated with each of those regimes, before concluding that the cross-fertilization phenomenon observed in this article (between public/private law, domestic/international level, and across various jurisdictions) is making BHR an increasingly salient discipline and useful tool in the fight against impunity for corporate environmental harm in armed conflict.
Topic:
Human Rights, International Law, Business, and Conflict
Political Geography:
Global Focus

12. Enhancing Environmental Protection During Occupation Through Human Rights

Author:
Karen Hulme
Publication Date:
07-2020
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Environmental protection is not specifically included in treaty law relating to State obligations during situations of occupation. While clearly not of the same scale as damage caused to the environment during armed conflict, damage caused during occupation is often similar in nature – largely due to those who seek to exploit any governance vacuum and a failure to restore damaged environments. What can human rights offer in helping to protect the environment during occupations? What protection can be offered by an analysis of environmental human rights law?
Topic:
Environment, Human Rights, Governance, and Conflict
Political Geography:
Global Focus

13. The Martens Clause and Environmental Protection in Relation to Armed Conflicts

Author:
Dieter Fleck
Publication Date:
07-2020
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
The existing treaty law on the protection of the natural environment during armed conflicts is less than adequate. Treaty provisions relating to international armed conflicts are limited to the prohibition of damage of an extreme kind and scale that has not occurred so far and may hardly be expected from the conduct of hostilities unless nuclear weapons would be used. Even in such a scenario, States possessing nuclear weapons have explicitly objected to the applicability of that treaty law. For internal wars, no pertinent treaty provisions exist in the law of armed conflict. Yet multilateral environmental agreements concluded in peacetime stand as an alternative approach to enhance environmental protection during war. As a civilian object, the environment may not be targeted nor attacked in an armed conflict, but this does not exclude collateral damage, nor does this principle as such offer specific standards for proportionality in attacks. In an effort to close these apparent gaps of treaty law, the present contribution looks into other sources of international law that could be used. In this context, the author revisits the role of the famous Martens Clause in the interplay of international humanitarian law, international environmental law, and human rights law. The role of the Clause in closing gaps caused by the indeterminacy of treaty law is reviewed and customary rules, general principles, and best practices are considered to this effect. For the protection of the natural environment during armed conflicts, the Martens Clause may, indeed, be used as a door opener to facilitate the creation and application of uncodified principles and rules. Particular standards for proportionality in attacks can be derived from the Martens Clause. Pertinent soft law instruments need to be developed in international practical cooperation and by academia. Yet it deserves further study to explore whether, and to what extent, the Martens Clause, which was adopted in the law of armed conflict, may also apply in post-conflict peacebuilding as a case of interaction between the jus in bello and the jus post bellum, at least as far as the protection of the natural environment is concerned.
Topic:
International Law, Treaties and Agreements, Humanitarian Intervention, and Conflict
Political Geography:
Global Focus

14. Precaution in International Environmental Law and Precautions in the Law of Armed Conflict

Author:
Michael Bothe
Publication Date:
07-2020
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
The protection of the environment in relation to armed conflict, in particular during armed conflict is a complex problem as it involves at least two different fields of international law, the law of armed conflict (international humanitarian law) and international environmental law. Their mutual relationship is a delicate issue. International humanitarian law is not necessarily lex specialis. Three principles deserve particular attention in this connection: as to general international environmental law, the principle of prevention and the precautionary principle, as to international humanitarian law the duty to take precautions. The terms prevention and precaution are used in different contexts in environmental law (both national and international) and in the law of armed conflict. The duty, imposed by international humanitarian law, to take precautions has much in common with, but must be distinguished from, the precautionary approach of general environmental law. This paper shows what these principles mean and how they relate to each other. It answers the question to what extent the rules based on these concepts are effective in restraining environmental damage being caused by military activities. The application of these principles in peace and war serves intergenerational equity and is thus an important element of sustainable development.
Topic:
Environment, International Law, Humanitarian Intervention, and Conflict
Political Geography:
Global Focus

15. The Human Security Deficit as a Cause for Migratory and Refugee Flows: The design of an Accurate Response / El déficit de seguridad humana como causa de los flujos migratorios: el diseño de una respuesta precisa

Author:
Gracia Abad Quintanal
Publication Date:
05-2020
Content Type:
Journal Article
Journal:
Journal on International Security Studies (RESI)
Institution:
International Security Studies Group (GESI) at the University of Granada
Abstract:
The end of the Cold War has given way to an impressive tranformation of the security concept, which has experienced an incredible expansion over the last few decades. This expansion has also gone hand by hand with the emergence of new concepts which might allow better analysis in this realm. The human security concept stands out among such new concepts as a result of its analytical value, in spite of all the criticism it has received. One of the questions which has become securitized in the context of the mentioned expansion of the security concept is migration. However, even if migrations have been approached too frequently from a traditional security concept based on the state and its sovereignty, the human seecurity concepts seems a much better tool for the analysis of this reality and its causes. In this sense, we cannot forget that people become migrants or refugees because they see questioned their personal security. Likewise, we have to pay attention to the extent to which, the host states and, particularly, their societies, may see their political, economic and societal security in danger. Therefore, the analysis should pay attention to the security challenges of both, host societies and migrants and refugees. Besides, only an analysis on the basis of the human security concept will allow us to come up with an accurate response to the question of migratory and refugee flows, this is a response which pays attention to some key aspects such as conflict prevention and management an growth and development promotion in the countries of origin of migrants and refugees, always in cooperation with those countries themselves. Such un analysis will show the indivisible nature of security and the fact that the security of host societies and that of migrants and refugees, far from being incompatible, go hand by hand.
Topic:
Development, Migration, Refugees, Conflict, and Human Security
Political Geography:
Europe and Global Focus

16. Military Spending and Official Development Assistance in Recipient States: Is there a Relationship?

Author:
Nan Tian and Diego Lopes da Silva
Publication Date:
08-2020
Content Type:
Working Paper
Institution:
Stockholm International Peace Research Institute
Abstract:
Official development assistance (ODA) plays an important and complementary role in promoting development in low- and middle-income states. Previous research in the literature has shown that ODA can have unintended con­sequences by enabling recipient states to shift ‘freed-up’ resources away from activities now funded by ODA to other spending categories. This literature has argued that the ‘freed-up’ resources could be funding military spending. This SIPRI Insights on Peace and Security queries these con­clusions and contributes to the debate by placing the relation­ship between ODA and military spending in context. The results show that, for low-income states, armed conflict is a major explanatory factor in determin­ing the positive association between increases in ODA and increases in military spending. While the existence of armed conflict drives both higher military spending and the need for higher levels of ODA, peace helps to lower military spending and states’ reliance on external aid.
Topic:
Development, Military Spending, Conflict, Peace, and Sustainability
Political Geography:
Global Focus

17. Portrayal of Developed and Under Developed Countries in Tweets of International News Agencies (2010-2016)

Author:
Muhammad Usman Saeed, Mian Hanan Ahmad, and Noshina Saleem
Publication Date:
07-2020
Content Type:
Journal Article
Journal:
Journal of Political Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
In the context of modern information and communication systems, present study was designed to examine the information and communication imbalances among the developed and under developed countries in tweets of international news agencies during 2010-16. Theoretically, the study takes roots from world system theory and structural imperialism theory. Methodologically, the triangulation of method is used. Firstly, the content analysis was performed on purposively selected tweets of four international news agencies; AFP, AP, Reuters and Xinhua about the 15 sample countries for the period of 7 year from 2010-2016. Further, the social network analysis technique was used to examine the network structures of international news determinants and world countries. This study revealed that core and semi-periphery countries are shared more and framed positively, while periphery countries are shared less and portrayal negatively not only by the international news agencies but also by their followers. Further, it was also found that Reuters’ tweets agenda about core, periphery and semi-periphery countries is different from other news agencies specifically from Xinhua. Moreover, study also found that in the tweets of international news agencies the core and semi-periphery countries are covered and shared in context of foreign relations, trade, economy, entertainment, and human interest, while periphery countries are covered and shared with reference to conflicts, disasters, and human rights violations.
Topic:
Development, Human Rights, Communications, Media, Social Media, and Conflict
Political Geography:
Global Focus

18. THE STABILITY-INSTABILITY PANDEMIC

Author:
Evan Perkoski
Publication Date:
05-2020
Content Type:
Commentary and Analysis
Institution:
Political Violence @ A Glance
Abstract:
Will the COVID-19 pandemic increase or decrease conflict around the globe? Across myriad blog posts and op-eds, a consensus appears to be emerging: in the short term, the global community may experience a pax epidemia, as Barry Posen refers to it, where “the odds of a war between major powers will go down, not up.” But the opposite may be true for intrastate conflict—e.g. civil wars and insurgencies—where conditions seem ripe for more turbulent subnational politics.
Topic:
Conflict Prevention, War, Conflict, COVID-19, and Armed Conflict
Political Geography:
Global Focus

19. 5 QUESTIONS ON DEVELOPMENT AND CONFLICT

Author:
David A. Lake and Eli Berman
Publication Date:
04-2020
Content Type:
Commentary and Analysis
Institution:
Political Violence @ A Glance
Abstract:
Violence is a feature of life in many developing countries. As governments, private philanthropic organizations, and communities work to reduce inequity, alleviate poverty, and improve the well-being of people living in low- and middle-income countries, what role does conflict play in stymying development? And can development reduce conflict? David Lake, distinguished professor of political science at UC San Diego, poses five questions about development and conflict to Eli Berman, research director at the UC Institute on Global Conflict and Cooperation and professor of economics at UC San Diego.
Topic:
Development, Poverty, Governance, Afghanistan, Conflict, and COVID-19
Political Geography:
Global Focus

20. Secure Communities A Conversation with Carrie Conway

Author:
Alexandra Heffern
Publication Date:
07-2020
Content Type:
Journal Article
Journal:
Fletcher Security Review
Institution:
The Fletcher School, Tufts University
Abstract:
I have worked in development for almost twenty years, but when I declared my focus, I had not originally thought “I definitely want to do conflict-related programming and work in conflict zones.” Given my trajectory though, I organically started to do that. I received my undergraduate degree from the University of Vermont, and at that point the only way to study international development was through their Agricultural Economics program. After finishing school, my first real introduction to the field was when I started working with Oxfam in Boston. At first it was a very administrative position, but then I was lucky and had the opportunity to go overseas as the program officer in Cambodia, which is where I would say I began my career. At that point, I really wanted to work with an NGO — I had not even thought about working with USAID or a contractor — but in Cambodia I had the opportunity to work as a local American hire with USAID. After that I went to Clark University for graduate school, and after Clark I had a number of program management roles for USAID, all of which were in conflict zones. For example, I spent time working in Timor-Leste with Tetra Tech ARD, I spent time in Afghanistan, and I served as Chief of Party in Sudan for a conflict transition program. After being overseas I decided to return to the United States and began working with Chemonics, specifically supporting their Libya and Lebanon programs in the Office of Transition Initiatives...
Topic:
Security, Conflict, Interview, and USAID
Political Geography:
Global Focus and United States of America