Restrictions on the use of force at sea
An environmental protection perspective
Bibliographic Data
| ID | 12849313 |
|---|---|
| Authors | MA Jin-xing (corresponding author), Shiyan Sun (0000-0003-0402-3376) |
| Year | 2016 |
| Volume | 98 |
| Issue | 902 |
| Pages | 515-541 |
| Publication date | 2016-08-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International Review of the Red Cross (JOURNAL) |
| Journal identifiers | ISSN: 1607-5889 • E-ISSN: 1816-3831 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s181638311700039x |
| OpenAlex | W2751982542 |
| Language | EN |
| References cited | 36 |
The restrictions on the use of force at sea exist in different branches of international law: the law of the sea and environmental law, mainly applicable during peacetime, and international humanitarian law (IHL), as the law applicable in times of armed conflict. Different rules from these areas must be compared and analyzed to determine the common principles applicable to restricting the use of force at sea for the purposes of environmental protection. Taking into account the particular problems of protecting the marine environment in the context of the use of force, the law of the sea and international environmental law should be applied to restrict means and methods of using force at sea during armed conflict. The detailed concepts and approaches in the law of the sea and environmental law may complement IHL, and the precautionary principle of international environmental law should be triggered to address the lacunae in IHL protecting the marine environmental during armed conflict
Armed conflict · Context (archaeology · Environmental law · Geography · International humanitarian law · International law · Law of the sea · Municipal law · Peacetime · Perspective (graphical · Political science · United Nations Convention on the Law of the Sea · Use of force · Computer Science · International Law and Human Rights · International Maritime Law Issues · Law · Transboundary Water Resource Management
Legal reasoning and legal theory
Regional Co-operation and Protection of the Marine Environment Under International Law
Customary International Humanitarian Law
I Nternational E Nvironmental a Greements
Why protect nature? Rethinking values and the environment
Taking care to protect the environment against damage
International humanitarian law and the protection of the environment in time of armed conflict
San Remo Manual on International Law Applicable to Armed Conflicts at Sea
Law-making at the intersection of international environmental, humanitarian and criminal law
Water, international peace, and security
International law protecting the environment during armed conflict
The Martens Clause in International Law
The Icty Prosecutor and the Review of the Nato Bombing Campaign against the Federal Republic of Yugoslavia
Further Development Of The Law Of The Sea Convention
Transformative Military Occupation
International Law and the Use of Force. Beyond the UN Charter Paradigm
International Law and the Conservation of Biological Diversity
| Citation velocity | historical |
|---|---|
| Highly cited | No |