Protecting the Environment During and After Armed Conflict, the International Law Commission and an Overdue Due Diligence Duty for Corporations

IF 0.3 Q3 LAW

Journal of International Humanitarian Legal Studies Pub Date : 2021-11-09 DOI:10.1163/18781527-bja10037

Alexandra Wormald

引用次数: 2

Abstract

Recent years have seen a rising global consensus on the need to ensure appropriate protections for the environment during and after armed conflict. In this context, the International Law Commission provisionally adopted 28 draft principles on the protection of the environment in relation to armed conflicts in July 2019. With stakeholder consultation having concluded in June 2021, this article investigates what practical impacts the corporate due diligence and liability provisions in the draft principles are likely to have on the protection of the environment during and after armed conflict, should the principles be implemented as currently drafted.

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武装冲突期间和之后的环境保护、国际法委员会和公司逾期尽职调查义务

近年来，在确保在武装冲突期间和之后对环境进行适当保护的必要性方面，全球日益达成共识。在此背景下，国际法委员会于2019年7月临时通过了28项与武装冲突有关的环境保护原则草案。随着2021年6月利益相关方磋商的结束，本文调查了原则草案中的企业尽职调查和责任条款在武装冲突期间和之后可能对环境保护产生的实际影响，如果原则按照目前起草的方式实施。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Journal of International Humanitarian Legal Studies LAW-

CiteScore

1.50

自引率

11.10%

发文量

期刊介绍： The Journal of International Humanitarian Legal Studies is a peer reviewed journal aimed at promoting the rule of law in humanitarian emergency situations and, in particular, the protection and assistance afforded to persons in the event of armed conflicts and natural disasters in all phases and facets under international law. The Journal welcomes submissions in the areas of international humanitarian law, international human rights law, international refugee law and international law relating to disaster response. In addition, other areas of law can be identified including, but not limited to the norms regulating the prevention of humanitarian emergency situations, the law concerning internally displaced persons, arms control and disarmament law, legal issues relating to human security, and the implementation and enforcement of humanitarian norms. The Journal´s objective is to further the understanding of these legal areas in their own right as well as in their interplay. The Journal encourages writing beyond the theoretical level taking into account the practical implications from the perspective of those who are or may be affected by humanitarian emergency situations. The Journal aims at and seeks the perspective of academics, government and organisation officials, military lawyers, practitioners working in the humanitarian (legal) field, as well as students and other individuals interested therein.