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Coordinated and published by The Grassroots Institute, the Grassroots Journal of Natural Resources (GJNR) is an international journal dedicated to the latest advancements in natural resources throughout the world. The goal of this journal is to provide a platform for scientists, social scientists, policy analysts, managers and practitioners (on all academic and professional levels) all over the world to promote, discuss and share various new issues and developments in different arenas of natural resources.
Legal Protection of Environment in Conditions of War: Theoretical and Practical Analysis
Zoryana Yaremak1, Lesia Danyliuk*2, Nadiia Kobetska3
1Department of Labour, Environmental and Agricultural Law, Vasyl Stefanyk Precarpathian National University, Ivano-Frankivsk, Ukraine. Email: zoryana.yaremak@pnu.edu.ua | ORCID: https://orcid.org/0000-0002-4862-0570
2Department of Labour, Environmental and Agricultural Law, Vasyl Stefanyk Precarpathian National University, Ivano-Frankivsk, Ukraine. Email: lesia.danyliuk@pnu.edu.ua | ORCID: https://orcid.org/0000-0003-3201-8881
3Department of Labour, Environmental and Agricultural Law, Vasyl Stefanyk Precarpathian National University, Ivano-Frankivsk, Ukraine. Email: nadiia.kobetska@pnu.edu.ua | ORCID: https://orcid.org/0000-0001-9058-7615
*Corresponding Author
Grassroots Journal of Natural Resources, 7(3ukr): s5-s29. Doi: https://doi.org/10.33002/nr2581.6853.0703ukr01
Received: 21 August 2024
Reviewed: 24 September 2024
Provisionally Accepted: 25 September 2024
Revised: 30 September 2024
Finally Accepted: 12 October 2024
Published: 30 December 2024
The paper investigates the issues of international legal regulation of environmental protection and ensuring environmental security during armed conflict. It is substantiated that environmental protection during armed conflict should be based not only on the application to the environment of the rules for the protection of civilian objects but also on the recognition of the need to ensure special protection of the environment as such. An important point of the research is the search for a legal mechanism for the proper provision of compensation for damage caused to the environment, the calculation of the amount of damage and an effective procedure for such compensation. The article outlines the main problems, results, and prospects of the newest legal mechanism being formed in Ukraine to ensure compensation for the damage caused to the environment by Russia’s military actions. In this article, attention is paid to the following key issues: types and features of the activities of subjects (state authorities and civil society organisations) in ensuring compensation for damage to the environment; problems of collecting, analysing, recording, and verifying evidence of damage caused; regulatory mechanisms for determining the amount of compensation for damage; problems of achieving real compensation for damage. The study also defines the prospects of Ukraine’s post-war environmental policy from the perspective of ensuring environmental security. For this purpose, the provisions of the Law of Ukraine “On Environmental Protection” were analysed on the matter of guaranteeing environmental security in wartime. It is concluded that the post-war restoration of the Ukrainian environment should be multifunctional because, in addition to eliminating the consequences of military actions, it should also meet the new standards of the European community.
Armed conflict; Right to the natural environment; Damage to the environment; Compensation for damage; Environmental security
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Yaremak, Z., Danyliuk, L. and Kobetska, N. (2024). Legal Protection of Environment in Conditions of War: Theoretical and Practical Analysis. Grassroots Journal of Natural Resources, 7(3): s5-s29. Doi: https://doi.org/10.33002/nr2581.6853.0703ukr01
Yaremak, Z., Danyliuk, L., & Kobetska, N. (2024). Legal Protection of Environment in Conditions of War: Theoretical and Practical Analysis. Grassroots Journal of Natural Resources, 7(3), s5-s29. https://doi.org/10.33002/nr2581.6853.0703ukr01
Yaremak Z., Danyliuk L., Kobetska N. Legal Protection of Environment in Conditions of War: Theoretical and Practical Analysis. Grassroots Journal of Natural Resources, 2024, 7 (3), s5-s29. https://doi.org/10.33002/nr2581.6853.0703ukr01
Yaremak, Zoryana, Danyliuk, Lesia, Kobetska, Nadiia. 2024. “Legal Protection of Environment in Conditions of War: Theoretical and Practical Analysis”. Grassroots Journal of Natural Resources, 7 no. 3: s5-s29. https://doi.org/10.33002/nr2581.6853.0703ukr01
Yaremak, Zoryana, Lesia Danyliuk and Nadiia Kobetska. 2024. “Legal Protection of Environment in Conditions of War: Theoretical and Practical Analysis”. Grassroots Journal of Natural Resources, 7 (3): s5-s29. https://doi.org/10.33002/nr2581.6853.0703ukr01
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