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| 2. |
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| 3. |
- Arvidsson, Matilda, 1976, et al.
(författare)
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Law and Disorder in the Postcolony? Law, Missionaries, and the Utopias of Pre-colonial to Present-day Kongo DRC
- 2022
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Ingår i: Law and Society Association Annual Meeting 2022.
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Konferensbidrag (övrigt vetenskapligt/konstnärligt)abstract
- Our panel turns to history to understand challenges to law and order in the present; examining the present-day ‘failed state’ of the Democratic Republic of the Congo (DRC). Drawing on unique archival material, centring on the activities of Mission Covenant Church of Sweden (Svenska Missionskyrkan) in lower Congo, 1881–1961, we take on the well-established thesis that ‘disorder’ in the contemporary ‘postcolony’ flows from how the introduction of law and order was pursued during the pre-colonial and colonial era. In this panel Christian and Global North contributions towards the establishment of the Rule of Law, as well as the international legal interests and investments, in contemporary Congo DRC are examined through critical international legal, social-anthropological, and historical trajectories.
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| 4. |
- Arvidsson, Matilda, 1976, et al.
(författare)
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Ordering Human-Other relationships: International Humanitarian Law and Ecologies of Armed Conflicts in the Anthropocene
- 2023
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Ingår i: International Law and Anthropocentrism. - Abingdon : Routledge. - 9780367858223 - 9781000892222 ; , s. 122-141
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Bokkapitel (refereegranskat)abstract
- This chapter analyses the international humanitarian legal ordering of human and other relationships during armed conflict and disaster by looking at two examples, namely the ‘natural’ environment and human-scientific constructed AI-powered swarms of drones. Drawing on these examples, as well as post-anthropocentric and posthuman legal scholaship, we argue that International Humanitarian Law (IHL) has some potential in developing in a post-anthropocentric direction, specifically in reorienting its focus from armed conflicts to violent outbursts by making use of the Deleuze-Guattarian notion of ‘war-machines’. We argue that this will eable IHL to offer a better protection on a less anthropocentric and more inclusive and equal basis in a shared posthuman ecology. The chapter offers an overview of current legal regulations as well as a theoretical and practice-oriented outline for the development of IHL.
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| 5. |
- Arvidsson, Matilda, 1976, et al.
(författare)
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The Past as Present: Law, Anthropology and History
- 2022
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Ingår i: The Past as Present: Research project on past and present legal fragmentation in the Kongo/DRC.
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Annan publikation (övrigt vetenskapligt/konstnärligt)abstract
- This site communicates the findings and activities in our project. In our project we turn to history in order to better understand challenges to law and order in our present time; specifically, examining the present-day fragmented and ‘failed state’ of Congo (DRC), often described as lacking in terms of the Rule of Law and adequate legal institutions is re-examined in light of the rule of law activities pursued in the lower Congo by Swedish missionaries from the Mission Covenant Church of Sweden (Svenska Missionskyrkan), 1881-1961. Following the well-established thesis that ‘disorder’ in the contemporary ‘postcolony’ flows from how the introduction of law and order was pursued during the pre-colonial and colonial era, our project revisits the Swedish contribution to the establishment of the Rule of Law in contemporary DRC, in order to better understand legal fragmentation and pluralism was introduced in the pre-colonial and colonial era. We draw on unique archival material, as well as contemporary empirical data, with the aim to develop a substantiated holistic approach to legal fragmentation and state state-building initiatives in the contemporary DRC.
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| 6. |
- Dam-de Jong, Daniëlla, et al.
(författare)
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Enhancing Environmental Protection in Relation to Armed Conflict: An Assessment of the ILC Draft Principles
- 2021
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Ingår i: Loyola of Los Angeles International and Comparative Law Review. - 0277-5417. ; 44:2, s. 129-156
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Tidskriftsartikel (refereegranskat)abstract
- This article examines the outcome of the International Law Commission’s (ILC) Study on the Protection of the Environment in relation to Armed Conflict as adopted on first reading. The twenty-eight draft principles, adopted by the ILC in July 2019, aim to enhance environmental protection before, during, and after armed conflict. This article evaluates the strengths and weaknesses of the draft principles and highlights principal innovations of the draft principles. Then this article concludes that the ILC study makes important substantive contributions to enhancing environmental protection, but it also misses opportunities to advance the law in this field. The principal strength of the study is that it brings in many different aspects relating to the environment and armed conflicts under one framework, including legal questions that were hitherto neglected. Its weaknesses relate most notably to the protection of the environment during armed conflict. This article argues that, even though there was limited space for the ILC to develop the applicable law in this field, it nevertheless could have been more ambitious.
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| 7. |
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| 8. |
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| 9. |
- Nardi, Maria Andrea, et al.
(författare)
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Nature of Peace: An Interdisciplinary Enquiry into Research at the Intersection of Nature, Peace and Post-Conflict
- 2019
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Konferensbidrag (övrigt vetenskapligt/konstnärligt)abstract
- The nexus between the environment, natural resources and (armed) violence has been researched since the end of the nineties, however major theoretical and empirical gaps still exists in research on the precise role of nature or the natural environment during post-conflict and/or peacebuilding, particularly in relation to those countries that have undergone internal armed conflict.This paper presents a state of the art in research conducted at the intersection of nature, peace and post-conflict. It is based on a systematic research review of more than a hundred articles published in English on conceptual and theoretical questions and case studies from all over the world.The aim here is to contribute to enhance the knowledge we have about the relevance of nature or natural environment in peace and post-conflict studies. We seek to do so by trying to answer the following questions:a. What are the main theoretical and empirical gaps in current research in the intersection of peace, post-conflict and nature?b. Is it necessary to develop alternative notions of nature and / or peace in order to expand the academic research field and the political possibilities of peace?The study presented here is the result of the interdisciplinary research project “The Nature of Peace: exploring links between the natural environment and peace in post-conflict societies”, supported by the Pufendorf Institute for Advanced Studies at Lund University, Sweden, between September 2017 and April 2018.
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| 10. |
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| 11. |
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Research Handbook on International Law and Environmental Peacebuilding
- 2023
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Samlingsverk (redaktörskap) (refereegranskat)abstract
- This incisive Research Handbook addresses the growing recognition within the international law community that natural resource governance and environmental protection are crucial aspects of peace processes, both as a security imperative and as an opportunity for peacebuilding. Examining the impact of international normative and institutional frameworks on environmental peacebuilding, this Research Handbook features contributions from distinguished experts and global case studies on integrated legal approaches to the governance of natural resources.
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| 12. |
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| 14. |
- Sjöstedt, Britta
(författare)
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Costa Rica and Nicaragua before the International Court of Justice – Trying to work out the complicated relationship between law and the environment
- 2013
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Ingår i: Review of European, Comparative & International Environmental Law (RECIEL). - 2050-0386. ; 22:3, s. 366-370
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Tidskriftsartikel (refereegranskat)abstract
- Nicaragua and Costa Rica have twice turned to the International Court of Justice (ICJ) to resolve disputes related to environmental damage occurring in a transboundary context. In these two cases the Court has to consider at least two issues. The first issue concerns the territorial status of a disputed border area. The disagreement is triggered by natural variations of the San Juan River at the border between the two countries, which causes confusion as to where the State line lies. The second issue concerns environmental damage; more specifically, it involves adversely affected wetlands protected under the Ramsar Convention. The obligations stemming from the Ramsar Convention are of an open-ended character, rendering them difficult to apply. Both issues are connected with the fact that law and the environment have a complicated relationship – that is, legal obligations may be difficult to reconcile with a constantly changing environment. Here, the ICJ has the opportunity to clarify this uneasy relationship.
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| 15. |
- Sjöstedt, Britta, et al.
(författare)
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Enforcement Powers of the United Nations Security Council : Enforcement Regimes for the Protection of Animals in Wartime
- 2022
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Ingår i: Animals in the International Law of Armed Conflict. - 9781009057301 ; , s. 363-382
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- The United Nations Security Council has the authority to adopt binding decisions and to authorise military means to ensure international peace and security. Whereas the Security Council is not typically associated with animal protection, wildlife issues have become an international security concern. Wildlife poaching and trafficking of wildlife products finance criminal networks and armed groups. The Security Council has adopted several resolutions addressing wildlife poaching and trafficking as commodities with implications on international security. Poaching and trafficking of wildlife have also been met with militarised anti-poaching enforcement – on a few occasions in cooperation with United Nations Peacekeeping forces. The militarised responses may contribute to protect wildlife, but they also risk escalating the violence affecting local communities. The chapter argues that the Security Council needs to address wildlife poaching and trafficking broadly, resorting to binding decisions. It should authorise military means only as a last and temporary resort.
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| 16. |
- Sjöstedt, Britta, et al.
(författare)
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Environment and Armed Conflict
- 2021. - 2
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Ingår i: The Oxford Handbook of International Environmental Law. - 9780198849155
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Bokkapitel (refereegranskat)
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| 17. |
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| 18. |
- Sjöstedt, Britta, et al.
(författare)
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Jus Post Bellum and Protection of Indigenous Peoples
- 2020
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Ingår i: The Justice of Peace and Jus Post Bellum. - 9780198823285
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Bokkapitel (refereegranskat)abstract
- In this chapter, I examine the international law protecting the rights of indigenous peoples regarding the environment they inhabit during the aftermath of armed conflict (post-conflict) and how it sits with the larger framework of applicable law in post-conflict – the corpus of jus post bellum. I map out the legal landscape by looking at indigenous peoples’ rights in human rights law and international environmental law. While there are international obligations in place to respect indigenous peoples’ rights to their ancestral environment, the enforcement of them is lagging behind. This is particularly true in situations of armed conflict when states often enable derogations from certain laws due to a state of emergency or lack domestic institutions. However, the end of an armed conflict implies an opportunity to build structures that can ensure the respect for the indigenous peoples’ rights as part of the peacebuilding activities. At the same time, post-conflict-situations could pose a risk for vulnerable indigenous communities to be marginalised throughout the peace process if they are not involved. In such cases, they risk losing access to their environment as peace can lead to opening the society to new development projects that may require expropriation of land of indigenous peoples without prior consultation or consent. This is particularly a risk as indigenous territories are usually rich in biological diversity and valuable natural resources. Instead, these areas could be turned into protected areas. This may profit indigenous peoples, but only if the indigenous peoples concerned are consulted and active participants in the projects. As history has shown, conservation projects could otherwise be another reason for state expropriation of indigenous land and forced displacement of the indigenous communities. I look at two states transitioning from conflict to peace, namely, Colombia and the Democratic Republic of the Congo (DRC) to examine the involvement of the indigenous peoples throughout the transition. In both states, hostilities have taken place in indigenous territories and adversely affected the indigenous communities. I study how the law can protect the indigenous communities and safeguard their environment in these states.
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| 19. |
- Sjöstedt, Britta
(författare)
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Protecting the Environment in Relation to Armed Conflict - The Role of Multilateral Environmental Agreements
- 2016
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This thesis examines how environmental treaties, also referred to as multilateral environmental agreements (MEAs), can enhance the protection of the environment during armed conflicts of both international and non-international character. The examination also covers the immediate aftermath of armed conflicts. Most of the previous research has focused on the application of the law of armed conflict and customary international environmental law to address the issue of wartime environmental damage. However, there appears to be a knowledge gap on how MEAs can operate in relation to armed conflicts. I argue that MEAs present a missed opportunity to strengthen environmental protection in relation to armed conflict, both at an institutional and a normative level. I explore this opportunity by studying the operation of the World Heritage Convention and the Ramsar Convention in relation to armed conflict.
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| 20. |
- Sjöstedt, Britta, et al.
(författare)
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Re-evaluating international humanitarian law in a triple planetary crisis : New challenges, new tools
- 2023
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Ingår i: International Review of the Red Cross. - 1816-3831. ; 105:924, s. 1238-1266
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Tidskriftsartikel (refereegranskat)abstract
- In the face of the triple planetary crisis, which includes climate change, biodiversity loss and environmental degradation, there is growing recognition that the environment needs to be re-evaluated and better protected. Recent developments, such as a values assessment by the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES),1 the concept of biocultural rights and the acknowledgment of granting rights to nature, emphasize the intrinsic value of the environment and endorse the understanding of the interconnectedness between humans and non-human entities. These developments are also increasingly evident in legal frameworks; for instance, several domestic legal systems now accept the rights of nature and grant legal standing to natural entities. This expansion in our understanding of the environment challenges the traditional anthropocentric focus of international law, which has primarily prioritized human rights and interests, perceiving humans as having dominance over nature and the liberty to harness its resources. Simultaneously, international environmental law is increasingly recognizing the interdependence of ecosystems and species. This acknowledgment drives the promotion of approaches to environmental management and conservation that centre around ecosystems and local communities. The present article looks at how to reconcile these heightened environmental values and the legal norms in armed conflict by examining two examples: the safeguarding of protected areas and the restoration of the environment post-conflict. By analyzing the changing values and legal developments in this area, the article offers legal and practical tools to support the protection of nature's intrinsic value in future warfare.
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| 21. |
- Sjöstedt, Britta, et al.
(författare)
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The Ability of Environmental Treaties to Address Environmental Problems in Post- Conflict
- 2017
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Ingår i: Environmental Protection and Transitions from Conflict to Peace. - : Oxford University Press. - 9780198784630 ; , s. 73-92
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- This chapter examines how international environmental law pertains during and in the transition phase from armed conflict to peace. I argue that environmental treaties have the ability to fill an institutional and a legal gap, particularly in a post-conflict context, which is often characterized of institutional collapse and break down of rule of law. Environmental treaties could therefore be of relevance in the search for a legal framework of jus post bellum meaning norms applicable in the transition phase between war and peace to protect and rebuild the environment. I support my argument by describing the application of the World Heritage Convention in relation to the armed conflicts taking place in the Democratic Republic of the Congo (DRC). In the case of the DRC, the institutions established under the World Heritage Convention have provided various means to protect the five Congolese natural World Heritage Sites. Other environmental treaties operating a similar manner like the World Heritage Convention may have an important role to fulfil in the concept of jus post bellum.
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| 23. |
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| 24. |
- Sjöstedt, Britta, et al.
(författare)
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The Reconciliatory Approach : How Multilateral Environmental Agreements Can Harmonize International Legal Obligations
- 2016
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Ingår i: Fragmentation vs the Constitutionalisation of International Law : A Practical Inquiry - A Practical Inquiry. - 9781138119727 - 9781315652177 ; , s. 265-287
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- Transboundary environmental problems pose a specific challenge to the international legal system, as they often demand instruments providing for collective and far-reaching measures on a global scale. Such measures may interfere with other areas of international law, including trade law, human rights law and international humanitarian law (IHL), which may permit conflicting behaviour. The interference creates tensions between contradictory international legal obligations. Traditional legal tools have proven unable to respond satisfactorily to solve the tensions because they need a political solution going beyond law in many cases. In this chapter, I argue that the particular structure of environmental treaties, also referred to as multilateral environmental agreements (MEAs), allows their treaty institutions to adopt a ‘reconciliatory approach’. The approach describes how normative and institutional interactions take place under MEAs for the purpose of avoiding conflicts and tensions with other international legal obligations but at the same time furthers the common concern to mitigate global environmental problems. Such an approach contributes to overcome fragmentation of international law. This is possible because of the MEAs’ capability to go beyond treaty interpretations and adopt more practical and political oriented strategies to further their objectives. In the application of the World Heritage Convention (WHC), activities interfering and reconciling with obligations in IHL and the UN Charter have been noted to protect natural world heritage sites in the war-torn Democratic Republic of the Congo (DRC).
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| 25. |
- Sjöstedt, Britta, et al.
(författare)
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The Role of a Multilateral Environmental Agreements: Greenkeeping in Virunga Park : Applying the UNESCO World Heritage Convention in the Armed Conflict of the Democratic Republic of the Congo
- 2014
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Ingår i: War and the Environment : New Approaches to Protecting the Environment in Relation to Armed Conflict - New Approaches to Protecting the Environment in Relation to Armed Conflict. - 9789004270640 - 9789004270657 ; , s. 179-204
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Bokkapitel (refereegranskat)abstract
- This article analyses the application of the 1972 United Nations Educational, Scientific and Cultural Organization (UNESCO) World Heritage Convention (the WHC) in the context of the armed conflicts that have taken place in the Virunga National Park (the Park), a natural world heritage site in the Democratic Republic of the Congo (the DRC). Instead of addressing wartime environmental damage under the law of armed conflict, this article seeks to establish how such damage can be addressed using multilateral environmental agreements (MEAs). MEAs often consist of general principles and vague obligations and their relevance or applicability during situations of armed conflict may be questioned. However, a number of MEAs, including the WHC, authorise their convention bodies to develop detailed and substantive obligations applicable to their parties. Thus, the decisions and recommendations adopted by the World Heritage Committee, a body established under the WHC, provide substantive content to the provisions of the WHC. These decisions and recommendations may, however, run counter to the requirements of military necessity thereby affecting the application of the law of armed conflict. While the position adopted by the World Heritage Committee does not inevitably imply a clash between the obligations in the WHC and the law of armed conflict, it does raise the question of whether the outstanding values of world heritage should trump the rules of military necessity and other pressing concerns during armed conflict. On an informal basis, the World Heritage Committee and the UN peacekeeping forces deployed in the DRC have agreed to perform operations that jointly address the interconnected concerns of security and conservation of natural resources in the region of the Park. This cooperative ‘green-keeping’ operation represents a useful approach to regime interaction and the harmonisation of obligations set out in different legal regimes that are applicable to the same subject matter.
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| 26. |
- Sjöstedt, Britta
(författare)
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The Role of Multilateral Environmental Agreements : A Reconciliatory Approach to Environmental Protection in Armed Conflict
- 2020
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Bok (refereegranskat)abstract
- The environment suffers enormously during armed conflicts and, despite the increasing awareness of the pressing need to protect the planet, devastating environmental damage can occur legally at times of war. This book suggests that – apart from the protection offered under law of armed conflict – environmental treaties or multilateral agreements (MEAs) can complement and strengthen environmental protection when war occurs.Previous research has focused on the protection offered under the law of armed conflict (in particular international humanitarian law) and customary international environmental law concerning wartime environmental damage, or whether environmental treaties remain applicable at times of armed conflict. This book, however, is the first in-depth scholarly examination of how environmental treaties can apply in wartime and how they can contribute to the protection of the environment in relation to armed conflict. It also offers an updated study of environmental protection under the law of armed conflict, including the latest developments in the International Law Commission's work on this underexplored topic.
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| 27. |
- Sjöstedt, Britta
(författare)
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The role of multilateral environmental agreements in armed conflict: ‘Green-keeping’ in Virunga Park. Applying the UNESCO World Heritage Convention in the armed conflict of the Democratic Republic of the Congo
- 2013
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Ingår i: Nordic Journal of International Law. - 0902-7351. ; 82, s. 129-153
-
Tidskriftsartikel (refereegranskat)abstract
- This article analyses the application of the 1972 United Nations Educational, Scientific and Cultural Organization (UNESCO) World Heritage Convention (the WHC) in the context of the armed conflicts that have taken place in the Virunga National Park (the Park), a natural world heritage site in the Democratic Republic of the Congo (the DRC). Instead of addressing wartime environmental damage under the law of armed conflict, this article seeks to establish how such damage can be addressed using multilateral environmental agreements (MEAs). MEAs often consist of general principles and vague obligations and their relevance or applicability during situations of armed conflict may be questioned. However, a number of MEAs, including the WHC, authorise their convention bodies to develop detailed and substantive obligations applicable to their parties. Thus, the decisions and recommendations adopted by the World Heritage Committee, a body established under the WHC, provide substantive content to the provisions of the WHC. These decisions and recommendations may, however, run counter to the requirements of military necessity thereby affecting the application of the law of armed conflict. While the position adopted by the World Heritage Committee does not inevitably imply a clash between the obligations in the WHC and the law of armed conflict, it does raise the question of whether the outstanding values of world heritage should trump the rules of military necessity and other pressing concerns during armed conflict. On an informal basis, the World Heritage Committee and the UN peacekeeping forces deployed in the DRC have agreed to perform operations that jointly address the interconnected concerns of security and conservation of natural resources in the region of the Park. This cooperative ‘green-keeping’ operation represents a useful approach to regime interaction and the harmonisation of obligations set out in different legal regimes that are applicable to the same subject matter.
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