International Humanitarian Law Challenges in the Protection of the Marine Environment

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Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:
In recent decades, various armed conflicts have created threats to the marine environment. The Gulf War of 1990-91, the Israeli attacks on The Jiyeh Power Station in 2006, and the massive oil spill in the Persian Gulf and the Mediterranean Sea have all caused serious damage to the marine environment. The need to prevent, reduce and control pollution of the marine environment as a result of armed conflict is an important task for international humanitarian law. The purpose of this study is to explain the challenges faced by international humanitarian law in the protection of the marine environment. The findings of the paper show that international humanitarian law faces significant normative gaps in this field that seriously affect its ability to protect the marine environment. The appropriate responses to maritime environmental challenges during armed conflict include: adoption of precautionary measures, applying the Martens clause, updating pertinent provisions, explaining the scope of existing norms and conclusion of new provisions governing armed conflicts as regards maritime environmental protection.
Language:
Persian
Published:
Public Law Studies Quarterly, Volume:53 Issue: 3, 2023
Pages:
1465 to 1489
https://magiran.com/p2638413  
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