scholarly journals The Shortcomings of Traditional Legal Solutions

2020 ◽  
pp. 24-68
Author(s):  
Elisa Morgera
Keyword(s):  
Multinational Enterprises ◽  
Environmental Law ◽  
Criminal Liability ◽  
National Level ◽  
International Criminal Law ◽  
International Human Rights Law ◽  
International Investment Law ◽  
Degree Of Protection ◽  
Legal Control ◽  
Environmentally Sound

This chapter discusses the ineffectiveness of national-level control over multinational enterprises—the legal control over a subsidiary of a multinational company by the host State, and the legal control over a multinational parent company by the home State. In addition, the chapter discusses the significant limitations to ensuring the environmentally sound conduct of business under international law. To that end, it focuses on State responsibility, civil and criminal liability in international environmental law, and international criminal law. The chapter then contrasts multinationals’ significant degree of protection under international investment law, to the protection afforded by international human rights law to victims of substandard conduct by private companies, including from an environmental perspective.

Protecting the Environment during Multinational Military Operations

2019 ◽  
pp. 322-344
Author(s):  
Onita Das
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Environmental Law ◽  
Armed Conflicts ◽  
International Criminal Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Military Operations ◽  
International Human Rights ◽  
Ongoing Work

The chapter examines issues concerning the protection of the environment during multinational military operations. Taking into consideration the International Law Commission’s (ILC) recent work regarding the protection of the environment in relation to armed conflicts, this contribution devotes particular attention to the preventive and remedial measures suggested in the Special Rapporteur’s reports. The chapter does, however, go beyond the ILC’s ongoing work on environmental protection in the context of armed conflict by extending its focus on exploring how multinational military operations generally—that is whether within or outside of armed conflicts—are influenced by other bodies of international law, namely international criminal law, international environmental law, and international human rights law.

The Place of the African Criminal Court in the Prosecution of Serious Crimes in Africa

2017 ◽  
Author(s):  
Charles Chernor Jalloh
Keyword(s):  
Human Rights ◽  
International Criminal ◽  
Criminal Liability ◽  
Criminal Court ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Crimes ◽  
Corporate Criminal Liability

In June 2014, the African Union adopted the first treaty that would establish an unprecedented regional court with a combined jurisdiction over criminal, human rights, and general matters. The protocol introduced various innovations by, for instance, advancing expanded definitions of core international crimes such as genocide, crimes against humanity, and war crimes; providing for corporate criminal liability; and prohibiting the dumping of hazardous waste into the environment. The AU’s new treaty was concluded in the shadow of tensions between the International Criminal Court (ICC) and some African states and raises theoretical, legal, and policy issues with serious implications for regional and international law. This chapter draws on the lessons of international human rights law to explore the likely impact of the new tribunal on the present and future of international criminal law enforcement globally, especially given the recent purported withdrawals of Burundi, The Gambia, and South Africa from the Rome Statute establishing the ICC.

Part VII Inter-linkages with Other Regimes, Ch.50 Armed Conflict and the Environment

2021 ◽  
Author(s):  
Bruch Carl ◽  
Payne Cymie R ◽  
Sjöstedt Britta
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Environmental Law ◽  
Legal Framework ◽  
International Criminal Law ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
International Environmental Law ◽  
Starting Point

This chapter looks at how the concern for the environment in relation to armed conflict can be addressed from several bodies of international law. These diverse bodies of law emerged largely isolated from one another: international humanitarian law, international environmental law, international criminal law, international human rights law, the United Nations (UN) Charter, and so on. Hence, a fragmented and unclear legal framework protects the environment in times of armed conflict. The chapter focuses on the interlinkages between international environmental law and other bodies of international law to protect the environment in relation to armed conflict. The thesis is that international environmental law norms are increasingly shaping protection of the environment in relation to armed conflict, in contrast to the relative rigidity of international humanitarian law norms, which is traditionally the starting point for analysing wartime environmental protection. The chapter begins with a brief consideration of international law applicable during all temporal phases of armed conflict: before conflict (including conflict prevention); during conflict; and after conflict. It then explores the issues and relevant law particular to specific phases.

Cassese's International Law

2020 ◽  
Author(s):  
Paola Gaeta ◽  
Jorge E. Viñuales ◽  
Salvatore Zappalá
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
Environmental Law ◽  
International Community ◽  
International Criminal Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
International Economic Law ◽  
Enforcement Mechanisms ◽  
High Level

This book provides an authoritative account of international law. It preserves and extends Antonio Cassese’s exceptional combination of a historically informed, conceptually strong, and practice-infused analysis of international law, comparing the treatment of most issues in classical international law with the main subsequent developments of this constantly evolving field. Part I of the book covers the origins and foundations of the international community. Part II is about the subjects of the international community, including States, international organizations, individuals, and other international legal subjects. Part III examines the main processes of international law-making and the normative interactions between different norms, of both domestic and international law. Part IV studies the mechanisms of implementation of international law, including State responsibility, diplomatic and judicial means of dispute settlement, and enforcement mechanisms. Part V covers a number of areas which have undergone particular development and reached a high level of specialization, namely, UN law, the law governing the use of force, international humanitarian law, international human rights law, international criminal law, international environmental law, and international economic law (trade and investment).

scholarly journals Exceptions in International Law

2020 ◽  
Keyword(s):  
International Law ◽  
Legal Theory ◽  
Environmental Law ◽  
International Investment ◽  
International Criminal Law ◽  
International Investment Law ◽  
Trade Law ◽  
International Trade Law ◽  
Wide Range ◽  
Jus Cogens

In international law, as in every legal system, rules are invariably subject to exceptions. This book brings together experts in legal theory and international law to investigate this phenomenon from both a theoretical and doctrinal perspective. It begins with several chapters looking at the relationship between rules and exceptions from different jurisprudential perspectives. These chapters serve to narrow down the principal types of exceptions, and what is at stake in deciding whether a given legal condition should be seen as part of a rule or as a self-standing exception. An important element is deciding how to allocate the burden of proving that the facts relevant to the condition are present. Subsequent chapters draw on these theoretical analyses, applying their insights to the way that exceptions exist in a wide range of topics and areas of international law, including self-defence, exceptions in treaty law, circumstances precluding wrongfulness in state responsibility, and the prohibition on derogations to jus cogens, as well as the specific regimes of international environmental law, international trade law, international investment law, and international criminal law.

Manajemen Sekolah Adiwiyata (Green School)

2020 ◽  
pp. 37-43
Author(s):  
Asep Priatna
Keyword(s):  
Junior High School ◽  
National Level ◽  
Educational Institutions ◽  
School Program ◽  
West Java ◽  
World Community ◽  
Strategic Issue ◽  
Green School ◽  
The Government ◽  
Environmentally Sound

The issue of environmental pollution has come to the attention of the world community and has become a strategic issue in sustainable development, so it needs to have the support of all parties, including the government, the private sector and educational institutions. Integrated Junior High School Lampang, Subang Regency West Java Indonesia has been implementing the green school program since 2008 and in 2019 it was entrusted by the West Java Education Office to be proposed as a national level green school program. Some achievements as a green school implementing school are private schools that have obtained "A" (exellent) accreditation with a beautiful environment and are able to fulfil 4 (four) components, namely (1) environmentally sound policies, (2) implementation of environment-based curriculum, (3) participatory-based environmental activities and (4) management of environmentally friendly supporting facilities Keywords : Management, green school Isu pencemaran lingkungan hidup telah menjadi perhatian masyarakat dunia dan menjadi isu strategis dalam pembangunan berkelanjutan, sehingga perlu mendapat dukungan semua pihak baik pemerintah, sector swasta maupun lembaga pendidikan. SMPS Terpadu Lampang Kabupaten Subang telah melaksanakan program adiwiyata sejak tahun 2008 dan pada tahun 2019 diberi kepercayaan oleh Dinas Pandidikan Jawa Barat diusulkan sebagai Sekolah Adiwiyata (green school program)  tingkat nasional. Beberapa capaian sebagai sekolah pelaksana green shcool  adalah sekolah swasta yang telah memperoleh akreditasi “A” (Unggul) dengan lingkungan asri dan mampu memenuhi 4 (empat) komponen yaitu (1) kebijakan berwawasan lingkungan, (2) pelaksanaan kurikulum berbasis lingkungan, (3) kegiatan lingkungan berbasis partisipatif dan (4) pengelolaan sarana pendukung ramah lingkungan Kata Kunci : Manajemen, Sekolah Adiwiyata

The “Kouwenhoven” Case

2019 ◽  
Vol 181 ◽  
pp. 568-704
Keyword(s):  
Criminal Law ◽  
Armed Conflict ◽  
International Criminal ◽  
Criminal Liability ◽  
Criminal Activity ◽  
War Crimes ◽  
International Criminal Law ◽  
Post Conflict ◽  
Arms Embargo ◽  
Witness Statements

Economics, trade and finance — Economic sanctions — Liberia — UN Security Council Resolutions 1343 (2001) and 1408 (2002) — Implementation of arms embargo under Dutch law — Whether sanctions regime violatedInternational criminal law — Difference between perpetrator and accomplice liability — Complicity in war crimes — Requirement that defendant promoted or facilitated the commission of war crimes — Conditional intent — Whether defendant consciously accepted the probability that war crimes would be committed in connection with his material support — Risk of doing business with a government engaged in international criminal activityInternational criminal law — Evidence — Admissibility and weight of witness statements — Factors relevant to assessing witness statements obtained in post-conflict environment — Coercion of witnesses — Whether inconsistencies in witness statements requiring acquittalInternational criminal law — Circumstances excusing unlawful conduct — National emergency — Whether violations of arms embargo and laws and customs of war justified by right to self-defence under international lawJurisdiction — Universal jurisdiction — War crimes — Prosecution of a Dutch national for offences committed abroad — Whether conduct of investigation by Dutch authorities making prosecution inadmissible — Whether amnesty scheme in Liberia barrier to prosecution — No violation of fair trial rightsWar and armed conflict — Existence of armed conflict — Whether armed conflict international or internal — Limited gap between norms applicable to international versus non-international armed conflict — Whether violations of laws and customs of war giving rise to individual criminal liability under Dutch law — The law of the Netherlands

scholarly journals Applying the Precautionary Principle to Private Persons : Should it Affect Civil and Criminal Liability?

2005 ◽  
Vol 43 (1) ◽  
pp. 63-78 ◽  
Author(s):  
Bruce Pardy
Keyword(s):  
Precautionary Principle ◽  
Environmental Law ◽  
Criminal Liability ◽  
Strict Liability ◽  
Criminal Punishment ◽  
International Environmental Law ◽  
The Precautionary Principle ◽  
The Past ◽  
Precautionary Action ◽  
Domestic Law

The precautionary principle, developed in international environmental law, is a prospective concept. It can be used to decide what should be allowed to occur in the future. The question addressed in this article is whether, in domestic law, the precautionary principle should be applied retrospectively. Should precautionary behaviour be used as a standard to apply to the past actions of private persons, so as to judge whether those persons have acted legally ? In the civil realm, the answer is « yes ». Applying the precautionary principle in civil cases removes foreseeability requirements, and transforms liability based on fault into strict liability. In the criminal sphere, retrospective application of the precautionary principle is not appropriate. To require precautionary action on the part of an accused in an environmental prosecution transforms strict liability into absolute liability, and creates the potential for criminal punishment in the absence of culpability.

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