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34 German Y.B. Int'l L. 54 (1991)
The Protection of the Environment in Times of Armed Conflict

handle is hein.journals/gyil34 and id is 55 raw text is: 

                 The Protection of the Environment
                     in Times of Armed Conflict
     Legal Rules, Uncertainty, Deficiencies and Possible Developments

                              By Michael Bothe

                      I. The Relevant Problem Areas

  Recent developments have stirred a new debate concerning the legal rules
governing the protection of the environment in times of armed conflict. The
correct answers to the multitude of problems posed in this respect are highly
complex because the two different areas of international law which are relevant
have developed considerably, but separately, during the last years. The relevant
documents which constitute the major developmental steps in each of these fields
of international law contain only sporadic mention or recognition of the other
field. Only a more comprehensive analysis of both fields of international law makes
possible clearer answers as to legal situations in which they overlap.
  In order to establish applicable rules, it is first necessary to make some
distinctions. In times of armed conflict it is basic to distinguish the relationship
between the parties to the conflict and the relationship between those parties and
third States. While the relations between the parties to a conflict are as a matter of
principle governed by the law of armed conflict, it must be asked whether certain
elements of the law of peaceful relations still apply in spite of the armed conflict.
And, while the relationship between parties to a conflict and third States is
governed by the law of peace, it must also be asked whether, due to the existence of
an armed conflict, there may be certain modifications of those peacetime rules.'
Furthermore, the legal regime and the applicable rules are different depending on
the location of elements of the environment which may be affected by military
activities.2 These elements of the environment may be situated on enemy land, in
sea areas subject to enemy jurisdiction, on neutral land, in sea areas subject to

  ' Michael Bothe, Neutrality in Naval Warfare. What is left of traditional international
law?, in: Astridj. H. Delissen / GerardJ. Tanja (eds.), Humanitarian Law of Armed Conflict,
Essays in Honour of Frits Kalshoven, Dordrecht/Boston 1991, 387 et seq.
  2 Natalino Ronzitti, Introductory: The Crisis of the Traditional Law Regulating Interna-
tional Armed Conflicts at Sea and the Need for its Revision, in: Natalino Ronzitti (ed.), The
Law of Naval Warfare, Dordrecht/Boston/London, 1988, 1 et seq., 13 et seq.

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