The Ability of Environmental Treaties to Address Environmental Problems in Post- Conflict

Summary, in English

This chapter examines how international environmental law pertains during and in the transition phase from armed conflict to peace. I argue that environmental treaties have the ability to fill an institutional and a legal gap, particularly in a post-conflict context, which is often characterized of institutional collapse and break down of rule of law. Environmental treaties could therefore be of relevance in the search for a legal framework of jus post bellum meaning norms applicable in the transition phase between war and peace to protect and rebuild the environment. I support my argument by describing the application of the World Heritage Convention in relation to the armed conflicts taking place in the Democratic Republic of the Congo (DRC). In the case of the DRC, the institutions established under the World Heritage Convention have provided various means to protect the five Congolese natural World Heritage Sites. Other environmental treaties operating a similar manner like the World Heritage Convention may have an important role to fulfil in the concept of jus post bellum.

• Author: Britta Sjöstedt
• Editor: Carsten Stahn; Jens Iverson; Jennifer S. Easterday
• Department/s: Department of Law; Environmental Law; Public International Law
• Publishing year: 2017
• Language: English
• Pages: 73-92
• Publication/Series: Environmental Protection and Transitions from Conflict to Peace
• Links: http://fdslive.oup.com/www.oup.com/academic/pdf/openaccess/9780198784630.pdf; http://dx.doi.org/10.1093/oso/9780198784630.003.0004
• Document type: Book chapter
• Publisher: Oxford University Press
• Topic: Law
• Keywords: Private international law; Environmental law; Folkrätt; Miljörätt
• Status: Published
• Research group: Environmental Law; Public International Law
• ISBN/ISSN/Other: ISBN: 9780198784630