THE POSITIVE AND NEGATIVE IMPACTS OF ARMED NON–STATE ACTORS ON ENVIRONMENT: LEGAL PROBLEMS AND PROSPECTS

Abstract

There is a dichotomy between the institutional capacity, economic potential, and actual role and relevance of Non-State Actors (NSA) in international legal order. This divergence on one hand amplifies the negative impression of Non-State Actors Armed Groups (NSAGs) to environmental deterioration with impunity to hold them accountable, while overlooks its NSAGs positive contributions to the same. Also, it undermines the uniform application of international law.

This article will analyse the positive contributions of NSAGs to environmental protection, emphasising that there is the need to bring a balance to NSAGs’ accountability and legitimacy, arguing that the postmodernist approach towards international legal order should be adopted based on deliberative reasoning, sound arguments, and the equal accommodation of both the states and NSAs. This inclusion could strengthen the legitimacy of international legal order and it will expand the system's capacity in dealing with the contemporary challenges related to environmental protection. It will suggest the legal approaches that can be employed, i.e., bringing the NSAGs within the ambit of international rule of law, engaging with them through non-binding declarations at the face of states’ reluctance to engage with them. From a legal point of view, this paper will look into available legal tools, such as UN Charter article 71, the UN Guiding Principles on Business and Human Rights, the Paris Agreement on Climate Change, and the UN Guidelines for the Protection of the Environment in Relation to Armed Conflict.