Environmental Protection and International Peace and Security

GFLA3133 INTERNATIONAL ENVIRONMENTAL LAW

GROUP ASSIGNMENT

TITLE:

ENVIRONMENTAL PROTECTION AND INTERNATIONAL

PEACE AND SECURITY I

PREPARED FOR:

PROF.MADYA DR. RATNARIA BINTI WAHID

PREPARED BY:

No. Name Matric Number

1 NAZIRAH BT ABD RAHIM 248027

2 NURUL EMYLYIA BT ELIAS 248049

3 AINUL AINA BT MOHD NOOR 246019

	CONTENTS	PAGES
1.0	INTRODUCTION	3
2.0	DIPLOMATIC AGREEMENT	4
3.0	MILITARY ACTION	6
4.0	CONCLUSION	8
5.0	REFERENCES	8

1.0 INTRODUCTION

Environmental protection became a great issue in recent era as people started to realize after the fast spread of the introduction to industrialization and economic competence, comes a great deal of effect towards the Mother Earth. Humans that were once using the natural resources as tools to cope with daily life survival now become unaware of the aftermath of the continuous industrialization process as they are in deep focus of making profit. Greenhouse gases emission around the world produced by transportation, electricity, industry, residential and agriculture. People get comfortable with modern facilities that makes them forget about the sustainability of the natural resources for the younger generation.

The impact of war also plays a big role in destroying the environment. Looking at Palestine as a dull country without greenery is disheartening. The continuous bombing and attack destroyed the green environment around the area. There are not so much plants left in the country, only those who are determined in planting still have a garden of planted flowers in their area.

Environmental protection is best defined as the act of maintaining or restoring the quality of surrounding nature such as water, air, plants and animals. Every type of nature component is interdependent with one another in the ecosystem. Humans that are gifted with brains and capabilities are given the responsibility to think of ways and act on it in protecting the sustainability of the natural environment on earth by maintaining or restoring it for the future generation.

International security or also known as global security is defined as the measures taken by States or Intergovernmental Organizations (IGOs) such as the United Nations (UN), the European Union (EU) and the Association of Southeast Asian Nations (ASEAN) to ensure mutual survival and safety of the world. As globalization becomes broader and broader by the year, many states or international organizations take the step to deal with one another in achieving the global security, in case of terrorism, natural disaster and similar other cases.

This paper assesses two ways for the States or IGOs to take the measure in protecting the environment for international security. These measures include making a diplomatic agreement either bilateral agreement or multilateral agreement such as treaties and convention, and combating military action that can bring destruction to the natural environment by implementing and regulating specific laws that prevent the soldiers from destructing the natural environment during the time of war that will lead to unpleasant aftermath to the attacked States after the war has ended.

2.0 DIPLOMATIC AGREEMENT

Diplomatic agreement in protecting our environment is important by strengthening the agreement, convention and others activities that can give benefit to our environment. Nowadays, environmental issues and conflict are increasing and can destroy the ecosystem because air and water pollution is growing, climate change is speeding and also soil and ocean degradation. This problem can reduce through diplomatic agreement either bilateral agreement or multilateral agreement with other countries. The diplomatic agreement to protecting the environment also called environmental diplomacy based on issue and actions related to environmental security and involves a wide range.

The Environment and Security Initiative (ENVSEC) and United Nations Environment Programme for solves the environmental issues through multilateral engagement with the help from organizations like the United Nations Development Programme, Organization for Security and Cooperation in Europe and even the North Atlantic Treaty Organization. Furthermore, environmental diplomacy is important as a vital to security and post-conflict resolution because 40% of internal conflicts are related to natural resources and environmental issues as such food and water.

Besides, one of the example to protecting the environment through diplomatic agreement is the Paris Agreement. According to United Nations Framework Convention on Climate Change (UNFCCC), the aim of Paris Agreement is ‘to strengthen the global response to the threat of climate change’ (Art. 2), by keeping a global temperature rise well below 2 degrees Celsius, while pursuing efforts to limit the temperature even further to 1.5 degrees Celsius. Paris agreement was signed by 195 countries around the globe. The Paris Agreement also recognizes the different starting points and importance of countries, and highlight that the Agreement will be implemented in accordance with the ‘principle of common but differentiated responsibilities and respective capabilities’ which applies ‘in the light of different national circumstances’ (Art.2.2).

The Paris Agreement will replace the Kyoto Protocol and established the main framework for cooperative on climate change beyond 2020. The Agreement is a matter of international law that ratifying countries will depend on one another by terms. Through this agreement, the countries will cooperate with each other in protecting the environment and they also can increase their relations among them.

As a conclusion, it shows this agreement can unite the nations and strengthen their relationship by protecting the environment for the future generation together. The agreement even includes North Korea, which despite being against the rest of the world on practically every other issue. The Paris Agreement has a lot of benefit to protecting our environment from disaster.

3.0 MILITARY ACTION TO PROTECT THE ENVIRONMENT

Environmental issues in the military action can have a critical effect on the targets fulfilment of the task and the overall accomplishment of the civilian reconstruction. The commanders who are in the conduct of the military activities must take all the possible steps to protect the health of soldier, the civilians and the environment. The principle must be that the situation of environmental protection of the military bases should not be poorer than the original condition. Examples of the impact in military action to the environment is ozone depleting substances, toxins, volatile organic compounds, noise, petroleum products, heavy metals, endangered species, radioactive materials, historical or cultural site preservation, reparable fibers, thermal waste, and others.

So, in order to achieve the objective, the military and the other members of the armed forces should know how the military action and operations affect the environment and they also must know the laws, the doctrines and regulations governing this area. Planning process and respect in the execution of operational tasks. Commanders must uphold natural environmental policies and operating practices that are ecologically friendly.

The focus of the military action in environmental protection according to Komár, Cempírek, Vincenee (2012):

a) Prevention, by concentrating efforts to prevent pollution and reduce or eliminate

Pollution at the source,

b) Protection of natural resources and cultural heritage,

c) Compliance with laws on environmental protection and

d) Clearance of contaminated areas and restoration of contaminated sites.

Meanwhile a number of non-nuclear-weapon states argued that multilateral environmental agreements reflected in principle 21 of the Stockholm declaration 1972 and principle 2 of Rio declaration 1992 applied in times of armed conflict and governed the use of nuclear weapons. This conference also led to the formation of the United Nations Environment Programme (UN Environment). Based on Protocol additional to the Geneva conventions 1949, Principle 21 & Principle 2: The principle says that “States have … the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction”.

Then Article 55- on the Protection of the natural environment: States shall protect the natural environment against severe damage. Prohibition of the use of methods intended toc cause damage to the natural environment and prejudice.

This show that environmental protection is very important. In 2009, UN Environment, Environmental Law Institute and the Red Cross and Red Crescent (ICRC) has made one of the first comprehensive analyses about how the different areas of the international law could protect the environment during the armed conflict. The analysis studied not only in international humanitarian law, but it is also related to environmental law, human rights law the criminal law.

Bases on the UN Environment (2016), In the midst of the recommendations in the 2009 UN Environment report, the United Nations International Law Commission (ILC) was suggested to “examine the existing international law for protecting the environment during armed conflict and recommend how it can be clarified, codified and expanded”. Partially due to the submission that it came from other United Nations entities, ILC observed and as a result it was considered fit to be placed on its long-term work program in 2011.

4.0 CONCLUSION

It is important for the nations to cooperate in protecting the global environment, because environmental degradation from one country can spread to another. Some of the times, it is not enough for only one State to restore the good quality environment without the help from another State. For example, the global community agreed to lower the global temperature for the good of all and the actions that need to be taken require cooperation from States across the globe in order to reach the goal. The action to protect the environment for international security can be taken through bilateral agreement, multilateral agreement, or protecting the environment during the war by implementing and regulating laws to avoid soldiers from destroying the environment during the time of war. Environment around the globe must be protected for the sustainability of the natural resources for the usage of the future generation.

5.0 REFERENCES

Komar, A., Cempirek, M& Vincenee, V. (2012). Protection of the Environment in the Military Operations. Retrieved 7 December 2018 from https://www.unob.cz/eam/Documents/Archiv/EaM_2_2013/Kom%C3%A1r_Cemp% C3%ADrek_Vincenec.pdf

Philippe, S., Jacqueline, P., Adriana, F & Ruth, M. (2012). Principles of International Environmental Law. Retrieved 5 December 2018, from https://www.cambridge.org/my/academic/subjects/law/environmental-law/principles- international-environmental-law-3rd-edition?format=PB&isbn=9780521140935

UN Environment. (2016). Working to Protect the Environment in Armed Conflict. Retrieved 7 December 2018 from https://medium.com/@UNEP/working-to-protect-the- environment-in-armed-conflict-ce9aff1aa479