By Silke Marie Christiansen
The publication addresses the query of no matter if the at present on hand tools of foreign environmental and overseas humanitarian legislations are appropriate to weather conflicts. It clarifies the various pathways major from weather switch to clash and provides an research of foreign environmental legislations embedded in the overseas doctrine of nation accountability. It is going directly to talk about even if weather swap quantities to a subject coated via paintings. 2.4 UN constitution – the prohibition of using strength. It then considers the prospective program of foreign humanitarian legislation to weather conflicts. The booklet additionally bargains a definition of the time period “climate conflict”, drawing on felony in addition to peace and clash studies.
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Extra info for Climate Conflicts - A Case of International Environmental and Humanitarian Law
The legal consequences deriving from state responsibility will be analyzed later in Chap. 5. The concept of state responsibility, in which most of the analysis is embedded, requires examining the legal regulations deductively. e. a violation of an international obligation. From thereon, the particular primary norm of international law is then scrutinized as to whether the conduct in question qualifies as a violation of the norm. However, the issue of climate conflicts requires an inductive approach, which means the facts are not clearly determined yet.
56 And in 1994, the UN Report of the Secretary-General on the Work of the Organization stated: ‘In the altered context of today’s world, the definition of security is no longer limited to questions of land and weapons. ’57 Thus, it has been long agreed upon to treat environmental changes as an issue relevant to global peace and security. Despite the rising awareness for climate change as a security issue in the international political discourse, many scholars challenge to assume a link between climate change and conflict.
This chapter will explore the different pathways from GHG emission to conflict. Two basic scenarios concerning climate-change-related conflicts need to be distinguished: (1) GHG emission leads to climate change that causes direct damage in a way that this damage simultaneously constitutes a violation of certain rights. (2) GHG emissions lead to climate change and damage; this damage causes certain reactions within a state that may lead to or accelerate destabilization. The former relates primarily to conflicts between states; the latter relates primarily to conflicts between people.