Kirsten Stefanik
- Published in print:
- 2017
- Published Online:
- November 2017
- ISBN:
- 9780198784630
- eISBN:
- 9780191827051
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198784630.003.0005
- Subject:
- Law, Public International Law, Environmental and Energy Law
Armed conflict is inherently destructive of the environment. It can cause serious and irreversible damage and threaten the health and livelihoods of individuals and the planet as a whole. ...
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Armed conflict is inherently destructive of the environment. It can cause serious and irreversible damage and threaten the health and livelihoods of individuals and the planet as a whole. International environmental law (IEL) cannot and is not relegated to peacetime, but continues to apply and interact with international humanitarian law (IHL). Therefore, principles of IEL must play a role before, during, and after conflict. This chapter focuses on general principles of IEL, specifically intergenerational equity and the precautionary principle. It demonstrates that these principles can and should be used to interpret and apply existing IHL for civilian and environmental protection. It concludes with a look at peace agreements and truth commissions, arguing that despite limitations of their past use they can provide fertile ground for building sustainable peace.Less
Armed conflict is inherently destructive of the environment. It can cause serious and irreversible damage and threaten the health and livelihoods of individuals and the planet as a whole. International environmental law (IEL) cannot and is not relegated to peacetime, but continues to apply and interact with international humanitarian law (IHL). Therefore, principles of IEL must play a role before, during, and after conflict. This chapter focuses on general principles of IEL, specifically intergenerational equity and the precautionary principle. It demonstrates that these principles can and should be used to interpret and apply existing IHL for civilian and environmental protection. It concludes with a look at peace agreements and truth commissions, arguing that despite limitations of their past use they can provide fertile ground for building sustainable peace.
Kevin Crow
- Published in print:
- 2021
- Published Online:
- September 2021
- ISBN:
- 9780192898036
- eISBN:
- 9780191924484
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780192898036.003.0026
- Subject:
- Law, Public International Law
This chapter argues that the 1955 Bandung Conference’s anticlimactic impact is most usefully understood in the present as inevitable, yet its normative surplus remains valuable. It describes a ...
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This chapter argues that the 1955 Bandung Conference’s anticlimactic impact is most usefully understood in the present as inevitable, yet its normative surplus remains valuable. It describes a collection of conditions that manifest in what it terms ‘Bandung’s fate’: a narrow understanding of Bandung’s legal utility in its immediate present that was in many ways preordained. The chapter argues that pre-1955 discourses in the ‘First World’ created a place for Bandung in its immediate aftermath from which it could not escape, and it draws this understanding primarily from newspaper reporting from major outlets in the First World and contemporaneous reports from Indonesia’s National Archives that detail Indonesia’s understandings of First World perceptions of Bandung. After contrasting these with reports that detail perceptions from the ‘Third World’, the chapter suggests that for the nations that controlled international law, Bandung served preordained purposes that undermined its immediate impact. However, recent scholarship revisiting and revising the story of Bandung, along with renewed interest in what the failure of the NIEO can teach us in the present, indicates that the Conference created a ‘normative surplus’—an unveiling of acceptable norms at a particular point uncodified in law. In specifying elements of Bandung’s ‘normative surplus’ that could be revived, the chapter attempts to recast Bandung not as a story of possibilities lost but a catalyst for new possibilities in the present and future.Less
This chapter argues that the 1955 Bandung Conference’s anticlimactic impact is most usefully understood in the present as inevitable, yet its normative surplus remains valuable. It describes a collection of conditions that manifest in what it terms ‘Bandung’s fate’: a narrow understanding of Bandung’s legal utility in its immediate present that was in many ways preordained. The chapter argues that pre-1955 discourses in the ‘First World’ created a place for Bandung in its immediate aftermath from which it could not escape, and it draws this understanding primarily from newspaper reporting from major outlets in the First World and contemporaneous reports from Indonesia’s National Archives that detail Indonesia’s understandings of First World perceptions of Bandung. After contrasting these with reports that detail perceptions from the ‘Third World’, the chapter suggests that for the nations that controlled international law, Bandung served preordained purposes that undermined its immediate impact. However, recent scholarship revisiting and revising the story of Bandung, along with renewed interest in what the failure of the NIEO can teach us in the present, indicates that the Conference created a ‘normative surplus’—an unveiling of acceptable norms at a particular point uncodified in law. In specifying elements of Bandung’s ‘normative surplus’ that could be revived, the chapter attempts to recast Bandung not as a story of possibilities lost but a catalyst for new possibilities in the present and future.
Diane A. Desierto
- Published in print:
- 2015
- Published Online:
- April 2015
- ISBN:
- 9780198716938
- eISBN:
- 9780191785634
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198716938.003.0001
- Subject:
- Law, Public International Law, Company and Commercial Law
The thematic dilemma in modern IEL involves the width of international regulation and the role of the State in public policy decisions affecting resource distribution, market operations, sovereign ...
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The thematic dilemma in modern IEL involves the width of international regulation and the role of the State in public policy decisions affecting resource distribution, market operations, sovereign debt practices, investment commitments, intergovernmentalism, and the role of non-State actors in international economic governance. This chapter shows that the debate on public policy and State’s regulatory freedoms within international trade, finance, and investment illustrates the fundamental ideological tension between Keynesian (welfare–interventionist) as opposed to Hayekian (free market–libertarian) principles, but recognizes that both ideologies accept the value of social protection to respond to income inequality. Against this thematic debate, the chapter submits five specific policy considerations for States when they seek to design ICESCR compliance within the architecture of their treaty commitments and modes of compliance with IEL.Less
The thematic dilemma in modern IEL involves the width of international regulation and the role of the State in public policy decisions affecting resource distribution, market operations, sovereign debt practices, investment commitments, intergovernmentalism, and the role of non-State actors in international economic governance. This chapter shows that the debate on public policy and State’s regulatory freedoms within international trade, finance, and investment illustrates the fundamental ideological tension between Keynesian (welfare–interventionist) as opposed to Hayekian (free market–libertarian) principles, but recognizes that both ideologies accept the value of social protection to respond to income inequality. Against this thematic debate, the chapter submits five specific policy considerations for States when they seek to design ICESCR compliance within the architecture of their treaty commitments and modes of compliance with IEL.
Diane A. Desierto
- Published in print:
- 2015
- Published Online:
- April 2015
- ISBN:
- 9780198716938
- eISBN:
- 9780191785634
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198716938.003.0006
- Subject:
- Law, Public International Law, Company and Commercial Law
This concluding chapter points out the possibilities and limitations in using the ICESCR to substantiate and develop public policy-making in IEL, and anticipates future research areas delving more ...
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This concluding chapter points out the possibilities and limitations in using the ICESCR to substantiate and develop public policy-making in IEL, and anticipates future research areas delving more deeply into issues of State attribution, international regulation, and empirical verification of ICESCR and IEL compliance. International lawyers—including IEL practitioners—also have much to contribute and learn from public and private discourses on economic growth and income inequality, precisely because States’ international economic decisions translate to felt experiences of individuals, groups, and populations in the domaine reservé. Because States’ economic decisions in trade, finance, and investment determine the allocation and commitment of the State’s present and future resources and participation in international institutions, States’ continuing social protection obligations and rejection of inequality under the ICESCR must be read as both legal constraint and policy frame for those very same distributional choices.Less
This concluding chapter points out the possibilities and limitations in using the ICESCR to substantiate and develop public policy-making in IEL, and anticipates future research areas delving more deeply into issues of State attribution, international regulation, and empirical verification of ICESCR and IEL compliance. International lawyers—including IEL practitioners—also have much to contribute and learn from public and private discourses on economic growth and income inequality, precisely because States’ international economic decisions translate to felt experiences of individuals, groups, and populations in the domaine reservé. Because States’ economic decisions in trade, finance, and investment determine the allocation and commitment of the State’s present and future resources and participation in international institutions, States’ continuing social protection obligations and rejection of inequality under the ICESCR must be read as both legal constraint and policy frame for those very same distributional choices.