Правові горизонти (Mar 2023)
PECULIARITIES OF MARINE ENVIRONMENT PROTECTION IN ARMED CONFLICTS ACCORDING TO THE SAN REMO MANUAL ON INTERNATIONAL LAW
Abstract
The article presents the principles and norms that regulate in detail the relations of protection of marine ecosystems during armed conflicts in accordance with the San Remo Manual of International Law. Military activity at sea has reached such a scale that the area of the marine environment remains polluted, and affects climate change and the sustainability of the natural environment. Taking into account the mentioned circumstances, at the level of the international community are applied various types of Manual for compliance by states with the principles and norms of international humanitarian law, which are developed by highly qualified specialists for interpretation and practical application by the armed forces of the respective countries and are used by other countries by virtue of their authority. According to the prescriptions of the San Remo Manual, parties participating in an armed conflict at sea are obliged to observe the principles and norms of international humanitarian law from the beginning of the use of armed forces, and in cases not provided for by this document or international agreements, civilians and combatants remain under the protection and effect of the principles of international law arising from customs, principles of humanity and requirements of public consciousness. In particular, the legal analysis of the San-Remo Manual of International Law is defined and reflects operational needs and realities, and is therefore often a basis for national practice or an inspiration for the rules of use of force in armed conflict. These rules are often a reflection of existing practices and can be transformed into norms of international law. The Manual are advisory acts, they are related to the principles and norms of international humanitarian law. The leadership of San Remo also introduces the principle of military operations at sea. It is about the imposition of additional obligations on belligerent states not only to observe the supremacy of the law of armed conflict at sea, but also to take into account the rights and obligations of the coastal state, in particular regarding the exploration and development of economic resources of the exclusive economic zone and the continental shelf, as well as the protection and preservation of the marine environment.
Keywords
