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
Date Written: Oct 30, 2013
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
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