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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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