The enormous environmental damage caused by war makes it necessary for international law to balance the reality of military necessity with the need to ensure the survival of human beings and other life forms. Internat...The enormous environmental damage caused by war makes it necessary for international law to balance the reality of military necessity with the need to ensure the survival of human beings and other life forms. International law provides a large number of norms for environmental protection in wartime, constituting a legal order including general and special norms of wartime law and wartime environmental protection obligations of international law in peacetime. It explicitly prohibits unreasonable environmental damage caused by military needs in wartime. Contrary to the cognition that there is no international norm to protect the environment in wartime,the key reason that causes the effect of environmental protection in wartime is not as good as expected lies in the different degrees of defects in the application of these complex norms. It is a more important and practical path choice to renew the general principles of wartime environmental protection, expand the scope of application of wartime laws and special environmental norms, strengthen the wartime application of international law in peacetime, and give full play to the maximum effectiveness of the existing normative system than to expect the new convention to accomplish the whole task at one stroke.展开更多
Climate warming is a global issue of great concern,with extreme weather events occurring more frequently,forcing residents of some developing countries to leave their homes and livelihoods.However,due to the current i...Climate warming is a global issue of great concern,with extreme weather events occurring more frequently,forcing residents of some developing countries to leave their homes and livelihoods.However,due to the current inadequacies in the international legal framework,these groups find it difficult to obtain relief and are often turned away by other countries.This paper reviews the current legislative achievements related to the protection of“climate refugees”within international human rights law,international refugee law,and international environmental law.From the perspective of international environmental law,it summarizes the challenges faced in protecting“climate refugees,”such as the absence of substantive environmental rights,the limited recognition of the justiciability of human rights-based environmental cases,and the difficulty in identifying responsible parties.Based on the current international legal framework,this paper analyzes the protection pathways for this new category of refugees from the perspective of international environmental law.展开更多
文摘The enormous environmental damage caused by war makes it necessary for international law to balance the reality of military necessity with the need to ensure the survival of human beings and other life forms. International law provides a large number of norms for environmental protection in wartime, constituting a legal order including general and special norms of wartime law and wartime environmental protection obligations of international law in peacetime. It explicitly prohibits unreasonable environmental damage caused by military needs in wartime. Contrary to the cognition that there is no international norm to protect the environment in wartime,the key reason that causes the effect of environmental protection in wartime is not as good as expected lies in the different degrees of defects in the application of these complex norms. It is a more important and practical path choice to renew the general principles of wartime environmental protection, expand the scope of application of wartime laws and special environmental norms, strengthen the wartime application of international law in peacetime, and give full play to the maximum effectiveness of the existing normative system than to expect the new convention to accomplish the whole task at one stroke.
文摘Climate warming is a global issue of great concern,with extreme weather events occurring more frequently,forcing residents of some developing countries to leave their homes and livelihoods.However,due to the current inadequacies in the international legal framework,these groups find it difficult to obtain relief and are often turned away by other countries.This paper reviews the current legislative achievements related to the protection of“climate refugees”within international human rights law,international refugee law,and international environmental law.From the perspective of international environmental law,it summarizes the challenges faced in protecting“climate refugees,”such as the absence of substantive environmental rights,the limited recognition of the justiciability of human rights-based environmental cases,and the difficulty in identifying responsible parties.Based on the current international legal framework,this paper analyzes the protection pathways for this new category of refugees from the perspective of international environmental law.
