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Challenges to Identifying Binding Martens Clause Rules from the ‘Dictates of the Public Conscience’ to Protect the Environment in Non-International Armed Conflict. / Smith, Tara.

Yn: Transnational Legal Theory, Cyfrol 10, Rhif 2, 2019, t. 184-201.

Allbwn ymchwil: Cyfraniad at gyfnodolynErthygl

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TY - JOUR

T1 - Challenges to Identifying Binding Martens Clause Rules from the ‘Dictates of the Public Conscience’ to Protect the Environment in Non-International Armed Conflict

AU - Smith, Tara

N1 - This is an Accepted Manuscript of an article published by Taylor & Francis in Transnational Legal Theory on 25/05/2019, available online: http://www.tandfonline.com/10.1080/20414005.2019.1621737

PY - 2019

Y1 - 2019

N2 - This article begins to move the debate on the Martens Clause forward by examining issues regarding the identification and verification of Martens Clause rules based on the dictates of the public conscience which protect the environment in non-international armed conflict. The research in this article is a starting point for a new wave of Martens Clause scholarship to enhance the clarity, certainty, breadth and relevance of the laws of non-international armed conflict going forward. As such, this research lays the necessary foundation for future debates to take place on the precise nature and content of specific Martens Clause norms that protect the environment in non-international armed conflict.

AB - This article begins to move the debate on the Martens Clause forward by examining issues regarding the identification and verification of Martens Clause rules based on the dictates of the public conscience which protect the environment in non-international armed conflict. The research in this article is a starting point for a new wave of Martens Clause scholarship to enhance the clarity, certainty, breadth and relevance of the laws of non-international armed conflict going forward. As such, this research lays the necessary foundation for future debates to take place on the precise nature and content of specific Martens Clause norms that protect the environment in non-international armed conflict.

U2 - 10.1080/20414005.2019.1621737

DO - 10.1080/20414005.2019.1621737

M3 - Article

VL - 10

SP - 184

EP - 201

JO - Transnational Legal Theory

JF - Transnational Legal Theory

SN - 2041-4013

IS - 2

ER -