Environment in International Criminal Law

Recent growing environmental concerns have induced a considerable part of the international community to ponder whether it is opportune to introduce stricter criminal regulations.
In fact, at the moment, the environment is mostly protected through administrative instruments, as criminal provisions encompassed in some Conventions are sporadic and absolutely insufficient; however that is not all: the use of human rights law, humanitarian law and international criminal law is also serving the purpose of indirectly addressing environmental issues.
The sum of these different legal instruments, administrative regulations, individual criminal provisions, human rights law, humanitarian law and international criminal law by way of core crimes (genocide, crimes against humanity and war crimes) could afford some kind of protection to the environment; however it is far from being adequate and complete.
As far as international criminal law is concerned, in particular, the acknowledgement of ecocide as a core crime at the international level should be considered for acts with international or transboundary character that cause significant harm.

Furthermore other considerations aside from criminal law are in order: it must be clear that criminal law has to be supported by other norms of social, economic and scientific nature: consumption, overpopulation, technology and science must be taken into account, as it is impossible to address environmental problems by ignoring or neglecting the root causes of the problems themselves, as those exact root causes may be the key to solve -or at least address- them.

With this thesis, thus, the author wanted to provide an overview on international environmental law and international criminal law, to introduce some innovative aspects and to connect to the main topic also matters of social and political nature.

Mostra/Nascondi contenuto.
PART I: International Environmental Law and Legal Protection of the Environment SUMMARY: 1. Environment: International Concepts and Definitions. – 2. Brief Overview on Root Causes of Environmental Issues. -– 2.1 Consumption. -– 2.2 Population. -– 2.3 Technology and Science. – 2.4 Culture, Education, Ethics and Religion. – 3. Brief History of Environmental Law and Current Framework. – 3.1 Brief History of Environmental Law. – 3.1.1 Early Stages. – 3.1.2 From 1945 to 1972. – 3.1.3 From Stockholm to the Rio Conference (1992). – 3.1.4 From Rio to the Johannesburg Conference (2002). – 3.1.5 Johannesburg and Beyond. – 3.2 Current Framework and General Principles of International Environmental Law. – 3.2.1 Crucial Concepts. – 3.2.2 General Principles. – 4. Human Rights and Environment. – 4.1 Connections between Human Rights and Environment. – 4.2 Why Using a Human Rights Approach?. – 4.3 Specific Human Rights Beneficial to the Protection of the Environment. – 4.3.1 Substantive Rights: Right to Life. – 4.3.2 Substantive Rights: Right to Health. – 4.3.3 Substantive Rights: Right to Respect for Private and Family Life and Home. – 4.3.4 Substantive Rights: Right to Self-determination, Cultural Expression, and Religion. – 4.3.5 Substantive Rights: Right to Use and Enjoy Property. – 4.3.6 Procedural Rights. – 4.3.7 A Right to a Healthy Environment?. – 5. Law of the Armed Conflict and the Environment. – 5.1 The Connection between Armed Conflicts and the Environment. – 5.2 The Law of the Armed Conflict. – 5.2.1 Treaty Law on International Armed Conflicts and Environment. – 5.2.2 Customary Law on International Armed Conflict and Environment. – 5.2.3 Law Applicable to Non-International Armed Conflicts. – 5.3 MEAs in Times of War. 1

Tesi di Laurea Magistrale

Facoltà: Giurisprudenza

Autore: Elisa Cavallin Contatta »

Composta da 421 pagine.


Questa tesi ha raggiunto 195 click dal 13/06/2016.

Disponibile in PDF, la consultazione è esclusivamente in formato digitale.