The Norm of Environmental Integrity in Post-Conflict Legal Regimes

Cymie R. Payne, The Norm of Environmental Integrity in Post-Conflict Legal Regimes, in Carsten Stahn, Jennifer S. Easterday, and Jens Iverson, eds., Jus post Bellum: Mapping the Normative Foundations. (Oxford University Press 2014)

14 Pages Posted: 6 Jul 2016  

Cymie R. Payne

Rutgers University; Rutgers, The State University of New Jersey - School of Law, Camden

Date Written: Oct 30, 2013

Abstract

Discussion of post-conflict legal regimes — jus post bellum — increasingly includes measures for the protection and rehabilitation of the environment as well as international humanitarian law, human rights, and international criminal law. This chapter asks whether an environmental integrity norm may provide support for a theory of jus post bellum, and how jus post bellum theory advances environmental integrity. It concludes that the investigation of these two questions is itself a useful framing tool to understand, and perhaps to improve, the layers of normative expectations, law and practice that guide belligerents and civilians in their interactions with the environment during armed conflict. Jus post bellum theories that prioritize peacebuilding over retribution appear to accord best with environmental integrity, in terms of explanatory power and consonance with goals. The practices of legal bodies and armed forces described here show how this approach has led to implementation of environmental protection and restoration, not mere words deploring environmental destruction.

Keywords: jus post bellum, post-conflict peacebuilding, environmental law, environmental integrity, UN Compensation Commission

Suggested Citation

Payne, Cymie R., The Norm of Environmental Integrity in Post-Conflict Legal Regimes (Oct 30, 2013). Cymie R. Payne, The Norm of Environmental Integrity in Post-Conflict Legal Regimes, in Carsten Stahn, Jennifer S. Easterday, and Jens Iverson, eds., Jus post Bellum: Mapping the Normative Foundations. (Oxford University Press 2014). Available at SSRN: https://ssrn.com/abstract=2802178

Cymie R. Payne (Contact Author)

Rutgers University ( email )

55 Dudley Rd
New Brunswick, NJ 08901
United States
732-932-6667 (Fax)

HOME PAGE: http://www.cymiepayne.org

Rutgers, The State University of New Jersey - School of Law, Camden

Camden, NJ
United States

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