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Costa Rica And Nicaragua Before The International Court Of Justice – Trying To Work Out The Complicated Relationship Between Law And The Environment, Britta Sjöstedt
Costa Rica And Nicaragua Before The International Court Of Justice – Trying To Work Out The Complicated Relationship Between Law And The Environment, Britta Sjöstedt
Britta Sjöstedt
Nicaragua and Costa Rica have twice turned to the International Court of Justice (ICJ) to resolve disputes related to environmental damage occurring in a transboundary context. In these two cases the Court has to consider at least two issues. The first issue concerns the territorial status of a disputed border area. The disagreement is triggered by natural variations of the San Juan River at the border between the two countries, which causes confusion as to where the State line lies. The second issue concerns environmental damage; more specifically, it involves adversely affected wetlands protected under the Ramsar Convention. The obligations …
Introducing The ‘Reconciliatory Approach’ – Harmonizing International Environmental Law With Other Specialised Areas Of International Law, Britta Sjöstedt
Introducing The ‘Reconciliatory Approach’ – Harmonizing International Environmental Law With Other Specialised Areas Of International Law, Britta Sjöstedt
Britta Sjöstedt
In this paper, I argue that international environmental treaties can interact with other specialised areas of law applicable to the same subject matter in the same context by using the ‘reconciliatory approach’ (RA). This approach entails that the institutions established under the environmental treaties are empowered to develop the treaty provisions in a manner that may also take other legal areas into account and thereby be able to reconcile obligations of other specialised legal areas. The RA functions on the premise that international law is one system with the inherent ambition to coherently systematize its norms. By looking at the …
The Potential Of Multilateral Environmental Agreements To Protect In Relation To Armed Conflict, Britta Sjöstedt
The Potential Of Multilateral Environmental Agreements To Protect In Relation To Armed Conflict, Britta Sjöstedt
Britta Sjöstedt
This paper is provided for a seminar included in the UN International Law Commission (ILC) Seminars. The seminar deals with the important topic “Protection of the Environment in relation to Armed Conflict” that was put on the ILC’s current agenda of programme in May 2013. In this paper, I will share some of my comments on the new topic at ILC’s agenda. These focus on the potential of multilateral environmental agreements. The destructive activities taking place in relation to armed conflict can cause irreversible impacts on the environment. They can destruct important ecosystems, poison watercourses and extinct species. Keeping in …
The Role Of Multilateral Environmental Agreements In Armed Conflict: ‘Green-Keeping’ In Virunga Park. Applying The Unesco World Heritage Convention In The Armed Conflict Of The Democratic Republic Of The Congo, Britta Sjöstedt
Britta Sjöstedt
This article analyses the application of the 1972 United Nations Educational, Scientific and Cultural Organization (UNESCO) World Heritage Convention (the WHC) in the context of the armed conflicts that have taken place in the Virunga National Park (the Park), a natural world heritage site in the Democratic Republic of the Congo (the DRC). Instead of addressing wartime environmental damage under the law of armed conflict, this article seeks to establish how such damage can be addressed using multilateral environmental agreements (MEAs). MEAs often consist of general principles and vague obligations and their relevance or applicability during situations of armed conflict …