A Legal Study On War And Environment Problems

Development is the only way to improve lives of human beings. The people's rights of development of every country cannot be deprived. But at the same time of development, we need to protect ecological environment. Choosing the way that environment and development advance harmoniously, people will improve their qualities of lives fully and continuously. In traditional concept war always seems to directly connect with airspace, marginal sea and territory, and it is totally unrelated with environmental safety. However, with the development of society and the enhancement of people's consciousness of environmental protection, people have perceptively observed from many war practices that war and environment safety are connected closely. War not only brings tribulation to people, but also damages to environment. It can destroy achievements which are obtained by several generations in several minutes. The progress of science and technology makes people possess unprecedented means of warfare. Mass destruction weapons including poisonous weapons, chemical weapons, bacteria weapons, nuclear weapons and even'environment weapons'become the component part of modern arsenal. Some of these weapons have exercised in modern -times war, and brought abroad and deep bad affections to human's eco-environment. But the available international laws have limited restrictions; these laws are not restricted by any of the country's environment protection rules of law. Though international community have made a lot of international conventions to regulate the conditions of weapon manufacturing, weapon use and weapon nonproliferation, Such as Convention on Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques, Chemical Weapons Convention ,Treaty on the Nonproliferation of Nuclear Weapons, Comprehensive Nuclear Test Ban Treaty, these conventions haven't directly connected with environmental protection. So the events of disobeying conventions sometimes happen. Nowadays, the world has come into the time of harmonious development between human being and nature. Sustainable development is the only way of society developing, and environmental problem should be given to the same legal status with civilians and prisoners of war. It violates the equity principle if let the next generations endure the pain of war, so we must carry out some relevant measures to regulate environment destroy of war.The first chapter of this thesis starts with environment destroy caused by conventional weapons, chemical weapons, biological weapons, nuclear weapons and petroleum pollution in the war, and explains the affects of war towards ecology environment. The second chapter discuses the destroyed rights and interests due to environmental destroy in the war, and it will be discussed from the view of jurisprudence. The third chapter introduces the rules regulated by available international conventions on environmental destroy in the war. And furthermore, it indicates the shortages of these conventions towards environmental protection. The forth chapter, from the view of international environment law and law of war, discusses rationality and necessary on regulating environmental destroy in the war. The fifth chapter explains the international legal duty on destroying environment by war and point out that both country and personnel should be the subjects of destroying environment in the war. And the last chapter designs the solutions to regulate the environmental destroy by law from several points of view.