Review article
https://doi.org/10.21857/m16wjcn6n9
The General Assembly Resolution ˝Protection of the Environment in Relation to Armed Conflicts˝ of 2022: Where We Stand 30 Years after
Vesna Barić Punda
; University of Split, Faculty of Law, Split, Croatia
Irena Nišević
orcid.org/0000-0002-8763-8159
; Adriatic Institute, Croatian Academy of Sciences and Arts, Zagreb, Croatia
Abstract
After the adoption of the General Assembly Resolution ˝Protection of the Environment in Times of Armed Conflict˝ in 1992, this United Nations organ adopted another resolution on the subject matter in 2022 entitled ˝Protection of the Environment in Relation to Armed Conflicts˝. The new Resolution is a result of efforts made within the International Law Commission which issued its ˝Draft Principles on Protection of the Environment in Relation to Armed Conflicts, with Commentaries˝ in the same year. Comments and observations to the Draft principles received from the governments of the great military powers are of special importance to the regulation of the subject matter. This work puts emphasis on Principle 13 of the Resolution which, subject to applicable international law, prohibits widespread, long-term and severe damage to the environment. The authors analyse whether such a threshold is too high and restrictive, consequently preventing the Resolution from effectively protecting the environment in accordance with its goals. On the basis of the results of such an analysis, the authors offer possible solutions to the related problems.
Keywords
international environmental law; the law of armed conflict; International Law Commission; General Assembly; Additional Protocol I
Hrčak ID:
312239
URI
Publication date:
27.12.2023.
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