The protection of the environment during armed conflicts: international shared responsibility (2023)
- Authors:
- Autor USP: DANESE, PAULA MONTEIRO - FD
- Unidade: FD
- Sigla do Departamento: DIN
- Subjects: MEIO AMBIENTE; RESPONSABILIDADE DO ESTADO
- Language: Português
- Abstract: This thesis examines the protection of the environment in armed conflicts. The study is divided into three interdependent parts, the first part presents the development of public international law with regard to the international protection of the environment, the rules applicable in armed conflicts and the protective guidelines of human rights in both contexts. The second part involves a concrete analysis of the standards and rules for protecting the environment in armed conflicts, taking into account the responsibility of States, the guidelines of the International Committee of the Red Cross and the draft of the Principles on the Protection of the Environment in Armed Conflicts, prepared by the United Nations Commission on International Law, this instrument being the theoretical framework of this thesis. Among the hypotheses discussed, there is the one that understands that there is already a legal framework that protects the environment, the one that understands the insufficiency of norms in Public International Law to protect the environment and hold States internationally responsible for such a violation and the one that believes that the above-mentioned Principles would be an important step towards the complete protection of the environment and guidance on the international responsibility of States in this context. Before presenting the conclusions, a chapter is opened for a brief analysis of two case studies, as well as the possible application to the cases of the Principles elaborated by the International Law Commission in a retroactive way, only by way of debate and development of legal reasoning on the hypotheses discussed. As a conclusion, the effective relationship between the environment, armed conflicts and human rights is discussed, as well as the feasibility and consequences of having the Principles on the Protection of the environment in armed conflicts approved in their international construction
- Imprenta:
- Data da defesa: 03.02.2023
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ABNT
DANASE, Paula Monteiro. The protection of the environment during armed conflicts: international shared responsibility. 2023. Tese (Doutorado) – Universidade de São Paulo, São Paulo, 2023. . Acesso em: 20 maio 2024. -
APA
Danase, P. M. (2023). The protection of the environment during armed conflicts: international shared responsibility (Tese (Doutorado). Universidade de São Paulo, São Paulo. -
NLM
Danase PM. The protection of the environment during armed conflicts: international shared responsibility. 2023 ;[citado 2024 maio 20 ] -
Vancouver
Danase PM. The protection of the environment during armed conflicts: international shared responsibility. 2023 ;[citado 2024 maio 20 ]
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