Armed conflicts and the environment : complementing the laws of armed conflict with human rights law and international environmental law / Anne Dienelt.

Cham, Switzerland : Springer, [2022]

©2022

KZ6405.E68 D54 2022

9783030993382 hardcover
3030993388 hardcover
9783030993399 electronic book

xv, 349 pages ; 25 cm

17854195
(OCoLC)1302580516

The book rethinks the means of harmonization of prima facie norm conflicts in light of the multitude of international agreements across regimes. The methodology deployed in this book, which is referred to as complementation or complementary application, represents a novel approach by focusing on commonly shared objectives and a unifying ordre public transnational across fields of public international law that allow for a harmonization beyond traditional treaty interpretation. Fields of public international law, mainly the laws of armed conflict, international environmental law, and human rights law, apply simultaneously to questions regarding the environment and war. Such a coexistence challenges the unity of the international legal order, and it also challenges the means of harmonization across fields of public international law. However, eventually, the co-existence of several fields of public international law can result in a refinement of international law and enhanced legal protection. Diversification can also contribute to clarification or normative intensification in areas of parallel application of various fields and multilayered legal protection, demonstrating a counter-option to fragmentation.

Includes bibliographical references and index.

Online version: Armed conflicts and the environment : complementing the laws of armed conflict with human rights law and international environmental law (NL-HaVPB)010861629

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