I study global governance of the environment and natural resources and the consequent evolution of international law, with a focus on climate change, ocean resources, peacebuilding and armed conflict.
As a conflict draws to a close, a whole suite of institutions and processes engage with environme... more As a conflict draws to a close, a whole suite of institutions and processes engage with environmental remediation, reconstruction, and reparations, when they are authorized and compelled to do so by law. Defining what we mean by ‘the environment’ as an object of protection in the postconflict period (e.g. in reparations proceedings) is a starting point for a discussion of what this law is and how it should develop. There is no commonly agreed definition of ‘environment’ in international law, or in the sub-field of the LOAC. If, on investigation, a precise definition of ‘environment’ is difficult, dangerous, and ultimately unhelpful, a guiding principle would be useful. The current treaty regime does not adequately address the scope or magnitude of the environment which concerns the international community. A new approach can evaluate damage to the environment in terms of ‘environmental integrity’ rather than in the narrow terms considered sufficient in the nineteenth and early twent...
On April 20, 2010, the International Court of Justice (ICJ) announced its judgment in a high-stak... more On April 20, 2010, the International Court of Justice (ICJ) announced its judgment in a high-stakes environmental dispute between Argentina and Uruguay, concerning Uruguay's authorization for pulp mills on the banks of the Uruguay River, which forms the international boundary between the two countries.
Professor Cymie Payne introduced this session, the final event for the Society's Signature To... more Professor Cymie Payne introduced this session, the final event for the Society's Signature Topic, “Beyond National Jurisdiction,” which examined international law governing the oceans, polar regions, cyberspace, and outer space.
This chapter argues that reparations should be seen as instrumental for peacebuilding. In contemp... more This chapter argues that reparations should be seen as instrumental for peacebuilding. In contemporary practices, they are no longer solely mediated through the state or confined to claims by individuals against states. Experiences of UN claims mechanisms and international criminal tribunals show that duties may also arise in the relationship between individuals. The chapter examines reparation practices, especially from the ICC, critically engaging with the source of compensation funds, as well as with the ultimate goal of reparations: building a just and sustainable peace. With this assessment, including lessons learned from the UN Compensation Commission, the chapter aims to reframe reparations as a critical element for peacebuilding.
The regulatory strategies of the past have failed to stop the loss of critical habitat, the colla... more The regulatory strategies of the past have failed to stop the loss of critical habitat, the collapse of commercial fisheries, and steadily diminished species. Despite these failures, some of the most visible and contentious conflicts over environmental protection have led to a potentially promising strategy that we are starting to call "ecosystem management." The hallmarks of an ecosystem approach are first, taking the ecosystem as the unit to be managed and regulated; second, using multiparty negotiations to involve a broader group of stakeholders than is typical of normal regulatory activities; third, integrating an adaptive management element, which addresses the dynamic biological and physical elements of natural systems; and fourth, creating an effort to create new regulatory tools better able to balance public and private rights, such as transferable development rights and "safe harbor" agreements.
International Humanitarian Law (IHL) establishes limitations on warfare to protect the natural en... more International Humanitarian Law (IHL) establishes limitations on warfare to protect the natural environment from extremely serious damage and to prevent unnecessary or wanton harm. IHL protection of the environment developed from the principle of protection of civilians, and it has similar motives and goals. This chapter describes a legal regime that is undergoing development. Protection of the environment during armed conflict as a specific legal obligation is a sufficiently recent international norm that its status as binding law has been more contested than early humanitarian commitments like neutrality of medical personnel. This reflects the tension between recognition of the importance of ecological integrity to peace and the interests of States in retaining freedom in their conduct of military operations.The continuing development of international law in many specialised areas means that legal advisers will be obliged to regularly review the continuing application of the UN Cha...
As a conflict draws to a close, a whole suite of institutions and processes engage with environme... more As a conflict draws to a close, a whole suite of institutions and processes engage with environmental remediation, reconstruction, and reparations, when they are authorized and compelled to do so by law. Defining what we mean by ‘the environment’ as an object of protection in the postconflict period (e.g. in reparations proceedings) is a starting point for a discussion of what this law is and how it should develop. There is no commonly agreed definition of ‘environment’ in international law, or in the sub-field of the LOAC. If, on investigation, a precise definition of ‘environment’ is difficult, dangerous, and ultimately unhelpful, a guiding principle would be useful. The current treaty regime does not adequately address the scope or magnitude of the environment which concerns the international community. A new approach can evaluate damage to the environment in terms of ‘environmental integrity’ rather than in the narrow terms considered sufficient in the nineteenth and early twent...
On April 20, 2010, the International Court of Justice (ICJ) announced its judgment in a high-stak... more On April 20, 2010, the International Court of Justice (ICJ) announced its judgment in a high-stakes environmental dispute between Argentina and Uruguay, concerning Uruguay's authorization for pulp mills on the banks of the Uruguay River, which forms the international boundary between the two countries.
Professor Cymie Payne introduced this session, the final event for the Society's Signature To... more Professor Cymie Payne introduced this session, the final event for the Society's Signature Topic, “Beyond National Jurisdiction,” which examined international law governing the oceans, polar regions, cyberspace, and outer space.
This chapter argues that reparations should be seen as instrumental for peacebuilding. In contemp... more This chapter argues that reparations should be seen as instrumental for peacebuilding. In contemporary practices, they are no longer solely mediated through the state or confined to claims by individuals against states. Experiences of UN claims mechanisms and international criminal tribunals show that duties may also arise in the relationship between individuals. The chapter examines reparation practices, especially from the ICC, critically engaging with the source of compensation funds, as well as with the ultimate goal of reparations: building a just and sustainable peace. With this assessment, including lessons learned from the UN Compensation Commission, the chapter aims to reframe reparations as a critical element for peacebuilding.
The regulatory strategies of the past have failed to stop the loss of critical habitat, the colla... more The regulatory strategies of the past have failed to stop the loss of critical habitat, the collapse of commercial fisheries, and steadily diminished species. Despite these failures, some of the most visible and contentious conflicts over environmental protection have led to a potentially promising strategy that we are starting to call "ecosystem management." The hallmarks of an ecosystem approach are first, taking the ecosystem as the unit to be managed and regulated; second, using multiparty negotiations to involve a broader group of stakeholders than is typical of normal regulatory activities; third, integrating an adaptive management element, which addresses the dynamic biological and physical elements of natural systems; and fourth, creating an effort to create new regulatory tools better able to balance public and private rights, such as transferable development rights and "safe harbor" agreements.
International Humanitarian Law (IHL) establishes limitations on warfare to protect the natural en... more International Humanitarian Law (IHL) establishes limitations on warfare to protect the natural environment from extremely serious damage and to prevent unnecessary or wanton harm. IHL protection of the environment developed from the principle of protection of civilians, and it has similar motives and goals. This chapter describes a legal regime that is undergoing development. Protection of the environment during armed conflict as a specific legal obligation is a sufficiently recent international norm that its status as binding law has been more contested than early humanitarian commitments like neutrality of medical personnel. This reflects the tension between recognition of the importance of ecological integrity to peace and the interests of States in retaining freedom in their conduct of military operations.The continuing development of international law in many specialised areas means that legal advisers will be obliged to regularly review the continuing application of the UN Cha...
In Gulf War Reparations and the UN Compensation Commission: Environmental Liability, experts who ... more In Gulf War Reparations and the UN Compensation Commission: Environmental Liability, experts who held leadership positions and worked directly with the UNCC draw on their experience with the institution and provide a comprehensive view of the United Nations Compensation Comission and its work in the aftermath of the Gulf War.
In this volume, the first of two on the UNCC's work, the authors explain that the United Nations Security Council established the ad hoc compensation commission to address reparations as a component of the ceasefire following Iraq's 1990-91 invasion and occupation of Kuwait. They explain how the UNCC addressed problems of defining the concept of environmental damage, deciding issues of causation, evidence and valuing environmental damage, ultimately strengthening the law for the protection of the environment from the consequences of war.
The authors also describe how the work of the United Nations Compensation Commission addressed important questions of state responsibility, environmental liability, mass claims processing, international law, and dispute settlement institutions in the post-armed conflict context. Readers will also learn that the scope and the scale of the UNCC was extraordinary, since almost 2.7 million claims from 80-plus countries were submitted to the Commission (which awarded in excess of $55 billion and has paid out more than half of that total), and that this led to the development of innovative procedural, institutional and managerial approaches in handling mass, environmental, and corporate claims at a scale that is unparalleled. Additionally, the books note that the Commission also contributed to the evolution of international jurisprudence in these areas.
The UN Compensation Commission (UNCC) is a unique model for liability and compensation of environ... more The UN Compensation Commission (UNCC) is a unique model for liability and compensation of environmental damage in an international context, influencing both jus in bello and jus post bellum. The 1990-1991 Gulf War to evict Iraq from Kuwait was a public spectacle of environmental damage. It was followed by the UNCC’s legal process that catalogued, assessed and awarded money to pay to clean and repair the damaged soil, water, coastal ecosystems, and other harms. The UNCC’s contributions include integration of environmental law principles into the reparations process; use of advanced techniques for assessment of environmental damage; and use of a multilateral process in a way that balanced confidentiality and transparency. The UNCC environmental program advanced international law most significantly by serving notice that environmental damage caused in relation to an armed conflict can be a culpable offense. Finally, a great contribution of the UNCC environmental program, and its successors, will be the spotlight they shine on the often ignored devastation to the natural environment caused by armed conflict and its potential to lead us toward prevention of harm.
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Papers by Cymie Payne
In this volume, the first of two on the UNCC's work, the authors explain that the United Nations Security Council established the ad hoc compensation commission to address reparations as a component of the ceasefire following Iraq's 1990-91 invasion and occupation of Kuwait. They explain how the UNCC addressed problems of defining the concept of environmental damage, deciding issues of causation, evidence and valuing environmental damage, ultimately strengthening the law for the protection of the environment from the consequences of war.
The authors also describe how the work of the United Nations Compensation Commission addressed important questions of state responsibility, environmental liability, mass claims processing, international law, and dispute settlement institutions in the post-armed conflict context. Readers will also learn that the scope and the scale of the UNCC was extraordinary, since almost 2.7 million claims from 80-plus countries were submitted to the Commission (which awarded in excess of $55 billion and has paid out more than half of that total), and that this led to the development of innovative procedural, institutional and managerial approaches in handling mass, environmental, and corporate claims at a scale that is unparalleled. Additionally, the books note that the Commission also contributed to the evolution of international jurisprudence in these areas.