Las armas nucleares y el medio ambiente

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And right now, you can try Zippercrooter for free at zippercrooter.com/zipp. With Zippercrooter, you can forget your frustrations, because we find the right people for your roles fast, which is our absolute favorite F word. In fact, four out of five employers who post on Zippercrooter get a quality candidate within the first day. Fantastic. So whether you need to hire four, 40 or 400 people, get ready to meet first rate talent. Just go to zippercrooter.com/zipp to try Zippercrooter for free. Don't forget that's zippercrooter.com/zipp. Finally, that's zippercrooter.com/zipp. Welcome to the most important cases of the environmental rights. A postcast, intended not only for student rights and lawyers, but also for the public as a general, as a curator, of the protection of the environment, that's all of all. In today's episode we will talk about a super interesting topic. We will talk about the environmental rights and the environmental rights. So, I invite you to join me in this trip. To understand this case, first we must be back in time. We are in 1994. The Soviet Union has been dissolved and the war has ended. However, this war intensified the artistic career and many countries started to develop their own nuclear arsenal. Among them, United States, Russia, China, France and the United Kingdom. In this context, in 1970, more than 190 countries signed the "No Proliferation Nuclear" that sought to prevent nuclear weapons expansion and promote the army. However, despite these forces, the threat of nuclear conflict continued to be intense. In 1990, the initiative of the non-linear countries such as Brazil, Malaysia and South Africa, the assembly in general of the United Nations, its international court, the United States, had a consultive opinion about the legality of nuclear weapons use in armed conflicts. The pretensions of the parties were different. On one hand, the state's nuclear weapons posseers argued that their existence was an essential source for their national security. On the other hand, the states did not have nuclear weapons posseers, they believed that the use of such weapons was inherently moral and violated the international law. The question that was planned was the following. There are cases in which the international law authorizes nuclear weapons use. What do we respond to the court? In response to the question planned, the court considered that international treaties in mental matter do not have the purpose of depriving a state of their right to the defense law, that is, they do not try to defend themselves in case they are agreed. However, the court has shown that the use of nuclear weapons must be evaluated by the use of the principles of need and proportionality. I think it is necessary to be a parenthesis. What does the court say about need and proportionality? On the one hand, the court says that the use of nuclear weapons is not possible unless this is strictly necessary. Do we understand, in the context of a war, it is understood that an attack is necessary when the country has been invaded or when the attack is under the other state. Now, here comes the proportionality. If a country enters with 10, 20, 50, 100 soldiers or if it attacks with conventional weapons, you cannot react to withdraw a nuclear bomb in society, in all the country. Because it is not proportional, it is not proportional to what you are doing with what you are doing. So here you must have a proportion between the damage that is receiving or the threat that you are having and the damage that you can get to cause. So it is necessary to understand that the use is not like this, because if it is not because I do not like such a country, I do not like such a ethnic group that I am going to sell a nuclear bomb. No, it has to be necessary, it has to be proportional. In another way, its use can be illegal. Now, the specific court that should not only have the main humanitories, but that today in the states, also have the environmental impact that could cause nuclear weapons. In that sense, the respect of the environment is one of the used factors to judge if the use of nuclear weapons is adjusted to the main needs and proportionality. That is, if the nuclear attack runs the risk of causing an important environmental impact, the use of nuclear weapons could be judged as illegal and therefore could generate legal consequences for the state and also for the leaders that have been ordered to attack. To reach this conclusion, the court creates a definition of the environment, to the point that the environment is not an abstraction, that is, it is not something imaginary. If not, what is the space that the human beings live and which depend on the quality of their lives and their health, even for future generations? In other words, the court recognizes the importance of the environment not only for humans, but also for those who haven't been born yet. You see the importance of these words. With this declaration, the court is recognizing that future generations also have certain rights. This declaration that is being the court will bring a debate table to know if future generations are rights or not, we will do an episode about that topic. Finally, the court will sign that all states have the obligation to fight because the activities under its jurisdiction or control respect the environment not only of other states, but also the environment of those areas if all outside the limits of national jurisdiction, therefore this obligation has been to form part of the rules of the international law. I would like to finish by remembering that this principle we have come working from the first episode. In the case of the trail's founder, he stated that any state can damage the territory or the well of the people who are in other states. In the case of the court's law, he signs that any state can damage the rights of other states. And in this case, he is showing that any state can damage the environment of other states, but what is still more important is that the court tries to protect not only the environment that belongs to other states, but also the environment that does not belong to anyone, that is, tries to protect territories like the Al-Tamar, like the Antarctica, and why is it important? Because at those times in the romantic career, they had to try the weapons. How do you know that your weapons work? How do you know that your bomb will really be effective if you try them? So what was going on in those moments that the countries were trying to use their weapons in Al-Tamar, in places where there were no islands, where there was no territory, in the middle of nowhere, in Plano Mar, there is where the nuclear weapons were tested. Obviously, there are repercussions for populations in animal areas, of fish, of different types of ecosystems. And that is why it was in quietness about the tests that were done in Al-Tamar. So the court is protected from this and the protection does not limit the environment to other countries, but the areas that do not belong to anyone. In this way, the court has to Volucional Echo. jurisprudencia para llegar a una protección plena del medioambiente. La relevancia de esta opinión consultiva sin mensa. No sólo establece un precedente en el derecho internacional ambiental, sino que también resalta la importancia de proteger el medioambiente en tiempos de guerra, a la firmar que el uso de armas no clares no es posible si no cuando es estrictamente necesario y debe ser proporcional al ataque recibido. Trenendo en cuenta el impacto que el uso de dichas armas podría causar al medioambiente. Este necesario recordar que este caso tiene su fundamento en una opinión consultiva y en una sentencia, es decir, no es realmente un conflicto entre países, sino que se trata de saber entre comillas que piensa la corte de un tema. Por lo tanto, la opinión no establece obligaciones específicas para ningún país en concreto. Sin embargo, lo dicho por la corte en esta opinión consultiva será de especial relevancia para resolver los conflictos futuros entre países, tal y como sucedió un año después, en una disputa entre un gría y eslo vacía, pero eso es tema para nuestro próximo episodio. ¿Y tú qué piensas? A 30 años de que salió esta opinión consultiva, ¿crees que la corte internacional de justicia ha podido evitar el uso de armas no clares? Te leo en los comentarios. Gracias por acompañarme. Si te gustó este vídeo, no dudes en compartirlo con tus amigos y colegas. Yo soy Héctor Miguel Shelo García y esto fue los casos más importantes del derecho internacional ambiental. Hasta la próxima. [Música] Finding great candidates to hire can be like, well, trying to find a needle in a haystack. Sure, you can post your job to some job board, but then all you can do is hope the right person comes along, which is why you should try Zipper Cruder for free. At zippercruder.com/zip. 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