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David Jensen
Today's Expert
David Jensen
Topic: International law for protecting the environment during armed conflict
David Jensen is the Policy and Planning Coordinator at UNEP’s Post-Conflict Branch. With an undergraduate degree in Resource Geography from the University Victoria and a Master of Science in Biology f...
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Number of questions: [2]
Posted on 06/11/2009 10:43:52
Greetings.

I would like to know more about the legal framework for protecting the environment during armed conflict. Is it effective and what are the main gaps ?

Herbert
Herbert Macintyre (from United States of America)
Dear Herbert -

Thanks for your question. It is extremely timely as UNEP launched a new report today on exactly this question. The report is entitled "Protecting the Environment During Armed Conflict An Inventory and Analysis of International Law". It can be downloaded from: http://postconflict.unep.ch/publications/int_law.pdf

UNEP has released this new report to coincide with the "International Day for Preventing the Exploitation of the Environment in War and Armed Conflict", which is observed annually on 6 November. This day aims to raise awareness of the fact that damage to the environment during armed conflict impairs ecosystems and natural resources long after the period of the conflict, and extends beyond the limits of national territories and the present generation. Because the environment and natural resources are crucial for building and consolidating peace, it is urgent that their protection in times of armed conflict be strengthened. The report accordingly encourages Member States to clarify, expand and enforce international law on environmental protection in times of war.

The dedicated website supporting this day is: http://www.un.org/en/events/environmentconflictday/

I hope these two resources answers your question.

Best regards,

David Jensen

Posted on 06/11/2009 06:47:04
Dear Sir,

Conflicts typically occur over sharing / usage of natural resources. Given this background, would it not make sense to have an International Law on sharing / usage of resources in a region? This would be a proactive measure rather than a reactive measure such as a Law for protecting the environment during a conflict.

Please share your thoughts on this.

Regards,

Govindraj Umarji
Govindraj Umarji (from India)
Dear Govindraj

Thank you for the question. While this might work in theory at the regional level, it would require that states would give up their right to permanent sovereignty over their natural resources to a higher regional body. From experience, I can think of few states if any would be willing to ever go this far.

The principle of permanent sovereignty over natural resources emerged in
the 1950s as a product of the decolonization movement. It was advanced by developing and
newly independent countries as a means to protect their ownership
rights over the natural wealth and resources situated within their territory.

At the time, the main idea behind the principle was to provide these countries
with the legal tools to regain control over their natural resources and
to exploit them for their own benefit. This is now such an enshrined fiercely defended right, that few states would ever consider giving it up to a regional authority. States would need to believe that the benefits in terms of conflict prevention and regional economic cooperation would outweigh the losses in terms of sovereign control.

I think the European Union is certainly moving in this direction and there are other bi-lateral treaties on water sharing which also reflect the idea. However, for high-value resources such as oil, minerals and timber - there are still major incentives to prevent a regional approach.

David Jensen


David Jensen

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