| Autor: |
Michael Gyan Nyarko, Michael Addaney, Elsabe Boshoff |
| Rok vydání: |
2019 |
| Předmět: |
|
| Zdroj: |
Chinese Journal of Environmental Law. 3:85-115 |
| ISSN: |
2468-6042 |
| DOI: |
10.1163/24686042-12340036 |
| Popis: |
Scarce environmental and natural resources, such as minerals and water, are traditional origins of armed conflicts in Africa. There are persuasive and wide-ranging claims to the effect that environmental degradation will intensify resource scarcity and consequently contribute to an increase in armed conflict. Existing studies show that most governments in Africa overexploit valuable natural resources such as diamonds, oil and timber to finance war, without regard to environmental protection. Environmental protection during armed conflict has therefore gradually gained significant attention at international, national and regional levels. This article explores how regional laws could fill gaps in the international legal frameworks for the protection of the environment and natural resources in the context of armed conflicts in Africa. It considers the extent to which the enforceable content of regional and international norms apply to environmental damage in times of armed conflict and assesses the main shortcomings of existing normative frameworks to make a case for reform. The article argues that regional law (the African Convention on the Conservation of Nature and Natural Resources) offers strong and direct protection to the natural environment during armed conflict and requires a lower threshold for its application as compared with the Additional Protocol I to the Geneva Conventions. It concludes by providing recommendations on finding durable solutions to protection of the environment during resource-fuelled armed conflict in Africa. |
| Databáze: |
OpenAIRE |
| Externí odkaz: |
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