Analysis Of Wartime Environmental Protection, International Legal Issues

In recent decades, the modern means of war under the scientific and technological progress have obtained large-scale developments, such as toxic weapons, chemical weapons, biological weapons, nuclear weapons and even "environmental weapon" and etc., many of which were used in modern warfare and caused irreversible environmental and ecological damage, including the long-term and profound impact on soil, marine, water, air, plants and animals. The international community has realized the serious problems caused and concluded a number of conventions relating to wartime environmental protection and issued a number of declarations, including the general convention on the law of war and international environmental law conventions, as well as a special convention specifically applicable to environmental protection in the time of warfare.But is there any profound theoretical basis to the wartime environment protection? Is the current legislation and implementation sufficient for the environmental protection during the wartime? What is the gap between the reachable wartime environmental protection and the needs of the environmental protection? There are yet no such specific research results in China. In view of this, this paper, based on the professional knowledge within this field, conducted the research on this unpopular topic, collected the research results and information of foreign scholars, sorted out and analyzed the existing legislation and the current implementation situation of environmental protection during wartime, pointed out the deficiencies and put forward own vision on improvement, with the hope to provide implications and help to the research on wartime environmental protection.This paper is divided into five chapters, starting with the relationship between the war and the environment, and from the dual perspective of ethical and legal analysis of the theoretical basis for environmental protection in wartime, demonstrated the scientific factual, the ethical and legal certainty, and further highlighted the rationality and legitimacy of environmental protection in wartime. On this basis, the third chapter provided summary and analysis on the current status of environmental protection in wartime from the law of war and international environmental law perspectives, and pointed out the deficiencies. Chapter IV focused on the research on the status of implementation of environmental protection in wartime, reviewed the implementation in terms of law enforcement, judicial and law-abiding. Finally, based on the analysis of the status of legislation and implementation, it proposed comprehensive recommendations and ideas on improvements, with the aim to call on the international community to increase the legal position of the environment in wartime, and improve their degree of attention on the environment issues in wartime and its protection.