Publications by Anne Dienelt
In: Oxford Reports on International Law, Oxford University Press, International Law in Domestic C... more In: Oxford Reports on International Law, Oxford University Press, International Law in Domestic Courts
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in: Hamburger Kommentar Gesamtes Medienrecht, Paschke/Berlit/Meyer (Hrsg.), 4. Auflage, Nomos, Ba... more in: Hamburger Kommentar Gesamtes Medienrecht, Paschke/Berlit/Meyer (Hrsg.), 4. Auflage, Nomos, Baden-Baden, pp. 31–103
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Recueils de la Societe Internationale de Droit Penal Militaire et de Droit de la Guerre, Vol. 20,... more Recueils de la Societe Internationale de Droit Penal Militaire et de Droit de la Guerre, Vol. 20, S. 337 - 344
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GoJIL Vol. 10 No. 1, pp. 13 - 25
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in: Hofmann (Hrsg.), 70 Jahre Genfer Konventionen, pp. 142–160
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Zeitschrift für Europäisches Umwelt- und Planungsrecht / EurUP Issue 2, 2019
Treaty congestion in international environmental law has led to some confusion regarding the coor... more Treaty congestion in international environmental law has led to some confusion regarding the coordination of multilateral environmental agreements as well as with regard to the harmonization of norms across treaties. In this paper, the Wadden Sea serves as an example to illustrate the multilayered protection a “protected area” in international environmental law can enjoy based on the parallel application of several environmental treaties to one single protected area. The Wadden Sea is inter alia protected as a wetland by the Ramsar Convention, it is protected as a natural heritage site by the World Heritage Convention and as an in-situ conservation area by the Convention on Biological Diversity. The three treaties and their respective standards of protection are analyzed in order to demonstrate similarities and differences in legal standards of protection that one single site can benefit from. In a second step, since practice of the three conventions speaks in favor of a coordination across treaties, the concept of a norm conflict in international law is put in context with the specific situation of the Wadden Sea. Do the obligations for protected areas deriving from these three treaties contravene each other? Is there a need to harmonize a prima facie norm conflict? This contribution aims at connecting scholarship in general public international law and international environmental law. In the end, treaty congestion and diversification of international law can also have positive effects; they can result in an intensified protection of a protected area.
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Questions of International Law, 2017
In this reply we would like to follow up on the contributions written by Stavros-Evdokimos Pantaz... more In this reply we would like to follow up on the contributions written by Stavros-Evdokimos Pantazopoulos and Karen Hulme concerning the International Law Commission’s (ILC) work on the topic ‘Protection of the Environment in relation to Armed Conflict.’ Based on our experiences working closely to Special Rapporteur Marie Jacobsson at the ILC, we would like to share some of our views on the Commission’s work. Most importantly, we wish to highlight the vast potential of the topic: as it transcends several fields of public international law, it can strengthen the protection of the environment by connecting and integrating obligations as well as mechanisms of different legal frameworks. The ILC has already dealt with topics such as the ‘Fragmentation of International Law’ as well as ‘Effects of Armed Conflict on Treaties’ and, thus, prepared the groundwork to fully explore how the international legal system can offer a unified protection of the environment in relation to armed conflict. In line with the analysis of the fragmentation report, when complementing obligations from the laws of armed conflict, international environmental law and human rights law, legal obligations can be clarified and the level of legal protection for the environment reinforced. To this end, the Special Rapporteur’s choice to apply a temporal approach seizes the opportunity to enable such interplay of legal norms. This legal interplay will be the overall theme of our reply to Pantazopoulos and Hulme.
We start chronologically by commenting on Pantazopoulos’ observations on the Draft Principles provisionally adopted by the ILC regarding the during armed conflict phase (during-phase) and turn to Hulme’s remarks regarding the Draft Principles on the post-conflict phase (post-phase). We then move on to some more general points raised by Pantazopoulos and Hulme. Finally, we discuss whether the project has in fact enhanced the protection of the environment in relation to armed conflict.
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S&F Sicherheit und Frieden, 2018
The laws of armed conflict as well as arms control and disarmament law are often treated as two d... more The laws of armed conflict as well as arms control and disarmament law are often treated as two distinct fields of public international law. Nevertheless, the laws of armed conflict impact arms control and disarmament. In particular, the weapons review of the Additional Protocol I to the Geneva Conventions links the laws of armed conflict with arms control and disarmament law and goes even beyond by including other fields of international law. This contribution intends to explore the weapons review and its impact on arms control and disarmament by investigating the drafting history of Art. 36 of the Additional Protocol I to the Geneva Conventions as well as the legal background against which the review is to be conducted.
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Oxford Reports on International Law, Oxford University Press, 2017
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Oxford Reports on International Law, Oxford University Press, 2015
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Oxford Reports on International Law, Oxford University Press, 2015, International Law in Domestic... more Oxford Reports on International Law, Oxford University Press, 2015, International Law in Domestic Courts
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Journal of International Humanitarian Legal Studies, Vol. 1, 2/2010
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Journal of International Law of Peace and Armed Conflict, Vol. 24 , I/2011
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Max Planck Encyclopedia of International Law, http://www.mpepil.de, Heidelberg, Oxford 2010, 2010
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Max Planck Encyclopedia of International Law, http://www.mpepil.de, Heidelberg, Oxford, 2012 , 2012
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Conference Presentations by Anne Dienelt
Vortrag im Rahmen des 2016 Young Scholars Workshop vom Center for Globalisation and Constitutiona... more Vortrag im Rahmen des 2016 Young Scholars Workshop vom Center for Globalisation and Constitutionalism mit Wouter Werner, Universität Hamburg, WiSo Fakultät, 14. Juli 2016, Hamburg
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Kommentar im Rahmen eines Symposiums von Florian Jeßberger & Stefan Oeter, Universität Hamburg, 2... more Kommentar im Rahmen eines Symposiums von Florian Jeßberger & Stefan Oeter, Universität Hamburg, 27.-28. Februar 2020, Hamburg
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online Vortrag im Rahmen der Konferenz „Regionalism in International Law / Le Régionalism en Droi... more online Vortrag im Rahmen der Konferenz „Regionalism in International Law / Le Régionalism en Droit International”, Université Paris 1 Panthéon/Sorbonne – IREDIES (Institut de recherche en droit international et européen de la Sorbonne), Paris
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Publications by Anne Dienelt
We start chronologically by commenting on Pantazopoulos’ observations on the Draft Principles provisionally adopted by the ILC regarding the during armed conflict phase (during-phase) and turn to Hulme’s remarks regarding the Draft Principles on the post-conflict phase (post-phase). We then move on to some more general points raised by Pantazopoulos and Hulme. Finally, we discuss whether the project has in fact enhanced the protection of the environment in relation to armed conflict.
Conference Presentations by Anne Dienelt
We start chronologically by commenting on Pantazopoulos’ observations on the Draft Principles provisionally adopted by the ILC regarding the during armed conflict phase (during-phase) and turn to Hulme’s remarks regarding the Draft Principles on the post-conflict phase (post-phase). We then move on to some more general points raised by Pantazopoulos and Hulme. Finally, we discuss whether the project has in fact enhanced the protection of the environment in relation to armed conflict.
Chair: Phoebe Okowa, Queen Mary University of London
Panelists:
● Carl Brunch, Attorney, Environmental Law Institute
● Anne Dienelt, Research Fellow & Lecturer, University of Hamburg
● Ambassador Marie Jacobsson, Legal Advisor, Ministry for Foreign Affairs of Sweden;
Associate Professor, Lund University
● Marja Lehto, Senior Expert at the Legal Service, Ministry for Foreign Affairs of Finland;
Special Rapporteur, Protection of the Environment in Relation to Armed Conflicts, UN
International Law Commission
● Britta Sjostedt, Post-Doctoral Fellow, Lund University
Stehen häufig die negativen Konsequenzen der Diversifizierung des Völkerrechts vor Augen, kann diese aber auch positive Auswirkungen auf die internationale Rechtsordnung haben. Schnittstellen im Völkerrecht belegen diese These. Die Rechtsprechung zur Komplementierung von einzelnen Menschenrechten durch humanitäres Völkerrecht oder auch die Schnittmenge von Umweltvölkerrecht, humanitäres Völkerrecht und Menschenrechtsschutz zeigen positive Aspekte der Diversifizierung auf. Eine völkerrechtsübergreifende Konkretisierung im Sinne einer Klarstellung oder Intensivierung von Schutzstandards kann ein Ergebnis der Diversifizierung darstellen. Dies stellt Staaten und Gerichte jedoch vor methodische Herausforderungen.
UN Headquarter New York, USA
organized by the Mission of Finland, the Law Interest Group of the
Environmental Peacebuilding Association, UN Environment, Lund University, and the Environmental Law Institute
Responding to the proposal of the UN Environment Programme, the International Law Commission began the work on the topic of the "Protection of the environment in relation to armed conflict" in 2013. The words "in relation to" indicate that the temporal scope of the topic is not limited to during armed conflict, but covers the whole conflict cycle: before, during, and after an armed conflict. The Commission has so far provisionally adopted 18 draft principles, which address questions of environmental protection in all three phases. This year, three new draft principles relative to situations of occupation were provisionally adopted by the Drafting Committee. The Commission intends to bring the work on the topic to conclusion in first reading in 2019.
IHL, the law mainly regulating the during-armed conflict phase, also reaches out to the phases before and after an armed conflict: some of its provisions contain obligations that can only be implemented and executed before and/or after an armed conflict, hence during peacetime. This exemplifies that the traditional dichotomy of peacetime and wartime law has thus been dissolved; there are no clear boundaries. In recent times, armed force has thus been conceptionalized in jus ad bellum, jus in bello, and jus post bellum.
Turning to the post-conflict phase, the concept of ‘justice after war’ defines the jus post bellum. ‘Justice after war’ is based on the idea that a state of justice is reached by or after war. ‘Justice after war’, if taken seriously and in a spirit to prevent future conflicts, also entails an environmental post-war assessment as well as monitoring of the conduct of hostilities regarding its environmental consequences. An environmental post-war assessment has several benefits. It allows to extract lessons learned, which can inter alia be applied to training curricular and military manuals. They can also be considered in the course of a weapons review according to Article 36 of Additional Protocol I (‘AP I’) when comparing weapons and their effects in a war theatre. In addition, monitoring the first deployment of new weapons and means and methods of warfare can result in revising and updating weapons reviews and weapons instructions after a conflict, even though Article 36 AP I does not explicitly require so. An assessment and monitoring can also be useful when drafting agreements on protected zones that can include parts of the natural environment and environmental hotspots. In sum, such an assessment as well as monitoring can contribute to justice after war. But is this legally required?
In this chapter, I analyse possible legal bases for this argument by studying preventive measures under IHL and their post-conflict impact. When using the term preventive measures, I refer to prevention as such as well as measures under IHL that apply during peacetime in preparation of an armed conflict, such as the weapons review according to Article 36 AP I. I will show that preventive measures regarding the environment go beyond precautions in an attack according to Article 57 AP I. The focus of this chapter is set on the impact on the country of deployment and the environmental damage therein; other consequences, such as those on the troops deployed, are not addressed.
In the first section, I give an overview of preventive measures in international armed conflicts regarding environmental protection: training, protected zones (e.g. demilitarized zones) as well as the legal review of new weapons and means and methods of warfare according to Article 36 AP I are examined. In the second section, I turn to post-conflict scenarios and whether preventive measures under IHL play a role in the transition from conflict to peace. All measures discussed are de lege lata; however, they have not or have only rarely been used to protect the natural environment in practice. This chapter is aimed at giving incentives to practitioners dealing with the topic.