262
organ of the Security Council. Its primary scope was to conduct the extensive work
resulting from the submission, processing and settlement of an impressive amount
of more than of more than 2.6 million of claims (Greenwood 1996).
Environmental security is more and more at the core of global actions because of
the daily direct and indirect threats to the environment. Consequently more attention focuses on how the applicability of environmental law should consider a coherent approach in military operations too and how damages are to be effectively treated
in armed conflicts. In view of the current climate changes threats to peace and security may develop and competition for scarce resources will multiply the risks of
conflicts and the associated risks of environmental damages; it will also be the
major factor of displacement and migrations in the future. The repercussions of
climate change will be perceived at multiple levels, from global to national, regional
and local levels.
Advancement in the current view of environmental protection has been interpreted as a move towards a more appropriate notion of ecological integrity. The
current legal framework does not suffice for its fragmentation and old view. “A new
conception of life has in fact emerged at the forefront of life, a unifying view that
life’s biological, cognitive, social and ecological dimension” (Capra 2015). The
profound change of metaphors is emerging, from seeing the world as a machine
with single, spare parts that environmental law should fix, to understanding it as a
network, a system and therefore in terms of connectedness, relationships, patterns
and context. The concept of connectivity recognizes that habitats and species function best as a part of large, interconnected network that is maintained and protected
for nature by including people. While connectivity conservation is a strategy and a
new area for law (Worboys et al. 2010) in the specific context of preservation and
connection of protected areas, this methodology could be used as a model in other
areas of law to increase the applicability of a systemic approach.
There is no possibility within the current legal and fragmented system, which is
still linked to a mechanistic and very sectoral paradigm, to move from environmental law to an approach of ecological integrity, which frankly would be the only possible realistic option of survival. Among the ramifications of international law
applicable to armed conflict the issue of environmental damages is also still difficult
to address given the current picture. Of course, this is just the top of the iceberg. The
existing regulatory framework should be fully re-evaluated and a new description
should be attempted moving from the formal compliance of rules applicable through
their specific subsystems to a new scenario where regulations must be read through
an approach similar to the one offered by the connectivity conservation law.
While security is at the core of military operations, in recent years there has
been also a shift in the concept of security, from a state centric notion of defence to
a broader concept entailing human security up to an even broader idea under development where universal responsibility is recognized in terms of protection, although
linked to specific cases. However universality plays a role. The whole purpose of
universal jurisdiction, for example, is rooted in the concept that some international
crimes go beyond the jurisdiction of a State and can be prosecuted by any State.
Time has come to elevate environmental law to another dimension that includes in
G. Colao
organ of the Security Council. Its primary scope was to conduct the extensive work
resulting from the submission, processing and settlement of an impressive amount
of more than of more than 2.6 million of claims (Greenwood 1996).
Environmental security is more and more at the core of global actions because of
the daily direct and indirect threats to the environment. Consequently more attention focuses on how the applicability of environmental law should consider a coherent approach in military operations too and how damages are to be effectively treated
in armed conflicts. In view of the current climate changes threats to peace and security may develop and competition for scarce resources will multiply the risks of
conflicts and the associated risks of environmental damages; it will also be the
major factor of displacement and migrations in the future. The repercussions of
climate change will be perceived at multiple levels, from global to national, regional
and local levels.
Advancement in the current view of environmental protection has been interpreted as a move towards a more appropriate notion of ecological integrity. The
current legal framework does not suffice for its fragmentation and old view. “A new
conception of life has in fact emerged at the forefront of life, a unifying view that
life’s biological, cognitive, social and ecological dimension” (Capra 2015). The
profound change of metaphors is emerging, from seeing the world as a machine
with single, spare parts that environmental law should fix, to understanding it as a
network, a system and therefore in terms of connectedness, relationships, patterns
and context. The concept of connectivity recognizes that habitats and species function best as a part of large, interconnected network that is maintained and protected
for nature by including people. While connectivity conservation is a strategy and a
new area for law (Worboys et al. 2010) in the specific context of preservation and
connection of protected areas, this methodology could be used as a model in other
areas of law to increase the applicability of a systemic approach.
There is no possibility within the current legal and fragmented system, which is
still linked to a mechanistic and very sectoral paradigm, to move from environmental law to an approach of ecological integrity, which frankly would be the only possible realistic option of survival. Among the ramifications of international law
applicable to armed conflict the issue of environmental damages is also still difficult
to address given the current picture. Of course, this is just the top of the iceberg. The
existing regulatory framework should be fully re-evaluated and a new description
should be attempted moving from the formal compliance of rules applicable through
their specific subsystems to a new scenario where regulations must be read through
an approach similar to the one offered by the connectivity conservation law.
While security is at the core of military operations, in recent years there has
been also a shift in the concept of security, from a state centric notion of defence to
a broader concept entailing human security up to an even broader idea under development where universal responsibility is recognized in terms of protection, although
linked to specific cases. However universality plays a role. The whole purpose of
universal jurisdiction, for example, is rooted in the concept that some international
crimes go beyond the jurisdiction of a State and can be prosecuted by any State.
Time has come to elevate environmental law to another dimension that includes in
G. Colao