International Framework Research Articles

Administrative Law in the Era of Digital Technologies: New Opportunities for the Saving of Cultural Heritage and Public Education

The rapid development of digital technologies has transformed various aspects of human life, including the save and promotion of cultural heritage. The present article explores the intersection of administrative law and digital technologies in relation to the protection of cultural heritage and public education. The study aims to analyze the role of administrative law in providing a legal framework for the utilization of digital technologies to safeguard cultural heritage, address the challenges arising from the adoption of new technologies, and promote public education on the importance of saving historical values. The article begins by examining the innovative methods employed in the save of cultural heritage, such as virtual museums, augmented and virtual reality technologies, and artificial intelligence. The role of administrative law in facilitating the integration of these technologies into the save process is emphasized, as it provides the necessary legal support and guidance to ensure their effective and responsible use. Next, the article delves into the primary challenges and problems faced by the cultural heritage sector in adopting digital technologies. These include issues related to data privacy and security, intellectual property rights, and the need for harmonization between national and international legal frameworks. The article highlights the importance of administrative law in addressing these challenges and ensuring a balanced approach that respects the rights of all stakeholders. The study then discusses the interaction between technology and law in the context of heritage protection. It analyzes the existing legal frameworks governing the use of digital technologies in the cultural heritage sector and identifies areas for improvement and potential legal developments. The role of administrative law in facilitating international cooperation and collaboration in the save of cultural heritage is also explored. Finally, the article presents an overview of the prospects for the development of digital cultural heritage management. It outlines the potential benefits of integrating digital technologies into the save process, such as increased accessibility and awareness of cultural heritage, as well as the opportunities for public education and engagement. The article concludes by emphasizing the crucial role of administrative law in ensuring that the digital transformation of the cultural heritage sector is carried out responsibly and sustainably.

Javne nabavke - pojedina ključna pitanja

The paper analyses certain issues related to public procurement in general, as well as the public procurement procedure and the personnel responsible for conducting the procedure. The starting point is the international and domestic legal framework of the public procurement procedure, in order to further elaborate and analyse particular provisions of the domestic legislation that are important for the proper and quality implementation of the procurement procedure. Therefore, the paper pays special attention to the principles of public procurement, the Republic Commission for the Protection of Rights in Public Procurement Procedures as the main authority responsible for the protection of the rights of business entities that are participants in public procurement procedures, professionalization, i.e. professional development of public procurement officers, the relationship between public procurement and public interest, the criteria for selecting the most favourable offer and the protection of competition in the public procurement procedure. The aim of the paper is to point out certain adequate legal solutions in the field of public procurement, but also certain problems that arise during the implementation of the procurement procedure itself. At the same time, the paper contains a comparison between former and today´s legal regulations, as well as proposals for improving the quality of conducting the public procurement procedure. The paper also presents some key issues that are important for the proper functioning of the public procurement system along with the ways in which the procurement process can be improved to the extent necessary to achieve its main goals and improve the public policy of a country.

Climate change and non-native species in the Spanish Network of National Parks

AbstractThe Iberian Peninsula is a primary entry point for non-native species (NNS) into Europe via maritime routes, and is a significant tourist destination. This positions the highly diverse Spanish National Parks at high risk from invasive species, necessitating proactive adaptation and mitigation strategies. We present a comprehensive analysis of the risks posed by NNS to the network of 15 continental and marine National Parks in Spain under climate change, aiming to align management strategies with international Global Biodiversity Framework (GBF) targets. We identified 200 NNS across the network of National Parks, including 78 listed in national NNS regulations. Park managers helped identify 22 priority NNS, including the water hyacinth, American mink, Cape fig and wakame, among others. Over half of the 22 priority NNS (55%) were classified as having a “Major” impact on native biodiversity according to EICAT standards, with another 23% considered “Massive”. Distribution models suggest that rising minimum temperatures could enable NNS to expand in altitude within the parks, particularly in high-mountain parks. Species like the barbary sheep, water hyacinth and largemouth bass may particularly benefit from global warming. Our findings prioritize national parks most vulnerable to the double threat posed by climate change and invasive species, such as Islas Atlánticas, Doñana and Archipelago de Cabrera. We conclude that, in order to progress towards achieving GBF goals, it is essential to: (i) coordinate NNS management efforts across administrations (national and regional), (ii) integrate resources and expertise in a unified strategy against invasion across the network and (iii) enhance public awareness about the risks of introduction and impact of NNS.

CYBERCRIME CHALLENGES: EXPERIENCE OF INTERNATIONAL COOPERATION

The study focuses on the problem of countering cybercrime in the context of the experience of international cooperation. The trend in the process of ongoing transformation from a post-industrial to an information society stands out: global informatization and digitalization of processes lead to the threat of interference in personal life, data theft, and violation of privacy. The analysis of international legal acts made it possible to conclude the need to expand cooperation between states in the fight against cybercrime under the auspices of the UN based on programmatic, strategic acts of international legal regulation of the relevant range of relations. The importance of creating and developing organizational and legislative measures to combat cybercrime, improving interaction between the competent authorities of various states, as well as the need to develop and adopt universal conventions to combat cybercrime, is noted. The authors of the article state that the large-scale growth in the volume of information transfer causes the need to ensure the maximum level of data protection, both by the interested ICT users themselves and by governments - guarantors of state information security and stability. The international legal framework provides a solution to the problem in three areas: reducing discrepancies between national laws, introducing new powers of bodies, and promoting international cooperation. It is stated that in the Republic of Kazakhstan, there are no comprehensive studies on combating cyberterrorism and cybercrime as phenomena that include the entire range of crimes that are committed today on the Internet. The study fills this gap: the activities of the legislative and law enforcement bodies of the Republic of Kazakhstan are analyzed. The authors focus on such positive aspects as the creation of the Ministry of Internal Affairs of the Republic of Kazakhstan in April 2003 of the "K" department to intensify the fight against a wide range of crimes related to computer and Internet technologies, including cyberbullying, the production of counterfeit video discs, the dissemination of information that contributes to extremism, terrorism, cruelty, and violence. Chapter 7 of the Criminal Code of the Republic of Kazakhstan, devoted to criminal offenses in the field of informatization and communications, was subjected to scientific turnover; Cybersecurity Concept ("Cyber Shield of Kazakhstan"); a pilot project of 2023, which launched a special cyber police unit "Cyberpol Strike Task Force" to protect citizens and businesses of the country from cyber threats.

Implementation of the EU acts in the field of capital markets into Ukrainian legislation: international legal framework and priority areas

Implementation of the EU acts in the field of capital markets into Ukrainian legislation: international legal framework and priority areas

Legal implications for clinicians in cybersecurity incidents: A review.

Cybersecurity incidents in healthcare present significant legal implications for clinicians, necessitating careful consideration of technological advancements and regulatory frameworks. This literature examines the healthcare cybersecurity landscape, emphasizing clinicians' challenges, and legal responsibilities. It explores the impact of advanced technologies such as artificial intelligence and quantum computing, highlighting the potential benefits and risks, including biases and ethical dilemmas. The review addresses international regulatory differences, offering a comparative analysis of how various countries handle cybersecurity incidents. This analysis provides insights into best practices and identifies areas for improvement. Practical recommendations are provided, tailored to different healthcare settings, including large hospitals and small clinics, to enhance cybersecurity preparedness. Case studies illustrate real-world scenarios, offering practical guidance for clinicians in managing cybersecurity challenges. The review also identifies critical gaps in the literature, particularly concerning artificial intelligence ethics and international regulatory frameworks, suggesting specific areas for future research. These findings underscore the need for robust cybersecurity policies, comprehensive training for healthcare professionals, and a nuanced understanding of the legal landscape. This review informs policymakers, clinicians, and researchers about the evolving nature of cybersecurity challenges in healthcare, addressing key concerns raised by reviewers and contributing to a comprehensive understanding of the field.

Critical analysis of international law failures in the Russian invasion of Ukraine: implications for global security

This paper offers a critical analysis of the structural deficiencies in international law that Russia’s full-scale invasion of Ukraine revealed in 2022. The study reveals a significant failure of international legal mechanisms, in particular the United Nations, to effectively deter Russian aggression and prevent the escalation of violence. Despite numerous legal actions and international responses – including resolutions by the United Nations General Assembly, proceedings at the International Court of Justice and investigations by the International Criminal Court – these measures have failed to alter Russia’s conduct or prevent further deterioration of the situation in Ukraine. The study employs a normative juridical approach, analyzing the legality of Russia’s actions considering established international norms and principles. Through this methodology, the research uncovers how Russia’s justifications for its military intervention – based on self-defense, collective self-defense, and allegations of genocide – are legally flawed and inconsistent with international law. Moreover, the research reveals the broader implications of these violations, including the potential erosion of global legal norms and the setting of dangerous precedents that could undermine international peace and security. The findings of this research highlight the urgent need for reform within the international legal framework to address these deficiencies. The paper concludes by proposing specific reforms, such as expanding the abstention obligation in the United Nations Security Council and clarifying the legal basis for humanitarian intervention, to strengthen the enforcement of international law and better protect state sovereignty. These insights contribute to the ongoing discourse on the role of international law in conflict resolution and the maintenance of global security.

Accountability for Environmental Human Rights Responsibilities of MNEs: The Case of Enterprises in China

In recent years, the role of MNEs in China's economic development has been significant, yet their activities have also led to environmental degradation and human rights abuses. This paper delves into the intricate issue of environmental human rights accountability of multinational enterprises (MNEs) operating in China and examines the theoretical underpinnings and practical challenges in holding MNEs accountable for their environmental human rights impacts. It begins by outlining the basic concepts of MNEs' environmental human rights responsibilities, drawing upon international and domestic legal frameworks. Subsequently, it analyzes the common areas of environmental degradation and human rights violations committed by MNEs in China, highlighting the complexities of jurisdiction and enforcement. The article further explores the difficulties in determining accountability and selecting appropriate jurisdictions for legal redress. Through a comparative analysis of existing legal mechanisms and international practices, the paper proposes recommendations for China and the international community to strengthen accountability mechanisms and enhance regulatory frameworks. Ultimately, the paper aims to contribute to the discourse on ensuring that MNEs operating in China fulfill their environmental human rights responsibilities.

Policy Informs Academia: A 6-Element Framework in Disaster Studies

This paper proposes a new conceptual framework to inform disaster preparedness research and to add a meaningful addition to established frameworks in DRR. The proposed framework is based on six elements: resources, procedures, context, risk, formation and information. This paper will discuss the characteristics of the framework, illustrating its origins in Italian Civil Protection and linkages to current international frameworks and UN definitions of DRR and vulnerability. The logic underlying this framework can help to better understand current challenges in disaster preparedness around the world and identify potential improvements to policy makers in terms of formation of the operators, information of the public, resources and procedures in my research on disaster preparedness. This paper argues that the framework could provide helpful insights into disaster preparedness in different cultural contexts, beyond its Italian origins. It is the hope of the authors that this framework will be tested in different cultural contexts to identify its weaknesses and strengths. Further research should also explore how to overcome or compensate the policy focus of the framework, to allow civil society to fully engage in disaster preparedness strategies.

ASSESSING THE DYNAMICS OF CHANGES IN ROAD SAFETY INDICATORS IN UKRAINE

Purpose. A study of road traffic in Ukraine shows that despite several legislative and regulatory documents aimed at improving road safety, the total number of road traffic accidents (RTAs) is increasing from 2015 to 2021. According to statistical data, each road traffic accident involves more than one injured person on average. A significant reduction in the accident rate can be achieved by developing a national action programme to improve road safety, which should be based on a systematic analysis of the nature and causes of road accidents. Therefore, the purpose of this paper is to conduct a comprehensive study of the level of road safety in Ukraine based on a systematic approach to assessing road accident data. Methodology. In the course of the research, the methods of regression analysis were used to study the absolute, specific and relative accident rates and the causes of accidents. All calculations were performed using Excel software. Results. This paper studies the international regulatory framework and national legislative documents aimed at improving traffic safety. An analysis of changes in absolute, specific and relative accident rates in 22 regions of the country is carried out. The general trends in accident rates in Ukraine from 2015 to 2021 are identified. The total number of road accidents in Ukraine, with some fluctuations in some years, has been increasing from 2015 to 2021. However, the percentage of road accidents with victims in the total number of accidents is decreasing. The social risk indicator in 2021 decreased by 15.86% compared to 2015. However, this figure remains almost twice as high as in top countries, where even those who died within 30 days of being injured in a road accident are taken into account. The scientific novelty. Based on the methods of mathematical statistics and regression analysis, the methods of estimating absolute, specific and relative accident rates, which take into account the number of victims, injured and killed in road accidents in the study of different regions of Ukraine, have been further developed. The practical significance. The obtained regression dependencies of accident rates can be used to formulate the provisions of an effective national road safety system aimed at significantly reducing the number of people killed and injured in road accidents, as well as reducing the economic losses caused by them.

A Snapshot of the Global Trade of South African Native Vertebrate Species Not Listed on CITES.

The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) aims to prevent the overexploitation of species by controlling their trade. However, there is currently no international regulatory framework to protect the trade of non-CITES species. We examined the LEMIS database, online trade, and scientific literature with the aim of identifying and compiling a list of South African native species traded as pets and wildlife products. We found that there are 223 non-CITES species traded as wildlife products and 95 species traded as pets. Mammals and birds were the most traded taxa for wildlife products, while reptiles and amphibians were mostly traded as pets. At the least, species traded as wildlife products and pets are currently not facing extinction, as most are categorized as Least Concern. However, some endemic species have an unknown population size, with Sclerophrys pantherina and Neamblysomus gunningi being Endangered. The international pet trade involves 10 countries, with the USA, the Czech Republic, and the UK being the largest importers. The trade of species as wildlife products involves 20 countries, with the USA being the major importer. This study emphasizes the necessity of strict regulations and international cooperation to control the wildlife trade effectively.

Dialogue in Silence: Inter-American and Brazilian Protection of the Human Rights of Older Persons

As society needs to face ageing as a plural process that goes beyond biological and chronological aspects, it is recognised that it also has societal, political, judicial, and psychosocial changes and consequences. Imposing a social clock of expected normative behaviors, understanding older persons as inactive citizens and mere objects of legal protection instead of social actors and specialised human rights’ holders is a critical problem to be confronted in the upcoming years as the global population becomes older. This article aims to comparatively analyse the legal aspects of the protection of older persons in the Brazilian and Inter-American legal framework, perceiving a movement of dialogue in silence, opposing moments of resistance and periods of adequacy between international and national jurisdiction, allowing the analysis of how it impacts the enforcement of these rights. In order to evaluate this phenomenon, this article analyses bibliographic and legislative material, focusing on a human rights-based approach of older persons and an older persons perspective. Firstly, it discusses the social construct of old age, followed by the comparative analysis of Brazilian and international legal framework on the topic of ageing. Finally, it establishes the contours of the ‘dialogue in silence’ between Brazilian and Inter-American protection of older persons’ rights. Results show that a better cross-fertilisation and dialogical approach is needed, overcoming the legislative resistance and difficulties in implementation of rights and policies relating to older persons.

Does Green Finance Reduce Carbon Emissions? Global Evidence Based on System Generalized Method of Moments

Global environmental awareness has increased with the adoption of the sustainable development goals (SDGs) and the Paris Agreement. Global climate change has been a focal point in these international frameworks, with an emphasis on addressing environmental issues and setting specific targets for solutions. Financing plays a vital role in attaining goals established in international frameworks. The limitations of conventional finance have highlighted the need for green finance. There is a scarcity of studies in the literature examining the impact of green finance on carbon emissions, and a definitive conclusion has yet to be reached. This research aims to enhance the current literature by presenting empirical findings on how green finance influences carbon emissions globally. By employing the system generalized method of moments (GMM), developed by Arellano and Bover (1995) and Blundell and Bond (1998), this study investigated how green finance influences carbon emissions. Covering the span of 2017–2022, this study encompassed 48 countries across the globe. Green finance was found to have a negative and statistically significant impact on carbon emissions. Issuing green bonds to represent green finance, when increased by 1%, reduces carbon emissions by −0.012%.

ECONOMIC AND INTERNATIONAL LEGAL ASPECTS OF HAZARDOUS WASTE MANAGEMENT REGULATION

It is evident that the implementation of effective climate change mitigation and environmental protection policies is contingent upon the rational management of hazardous waste. Empirical evidence suggests that the legal regulation of such waste at the national level is inadequate. Consequently, there is a pressing need for enhanced international cooperation and the establishment of robust international legal frameworks to address this issue. The purpose of the article is to analyse the existing international agreements governing hazardous waste management, identify their advantages and disadvantages, and propose changes necessary to improve the management of this type of waste. This included analysing statistical data on hazardous waste management. For a better understanding of the situation, an analysis of international court decisions was also carried out, which helped to identify the depth of the problems in this area. Methodology. General theoretical methods were mainly used in the study. Analysis and synthesis, systematic interpretation, and theoretical generalisation helped to summarise international approaches to hazardous waste management. Results. The article examines the content of international treaties in the field of hazardous waste management and the practice of their implementation. Practical implications. Based on the doctrinal provisions and the norms of current international law, the author identifies the main range of problems existing in the field of hazardous waste management and suggests possible ways of their solution. Value / Originality. It is determined that an important step in improving the effectiveness of international treaties in the field of hazardous waste management is to strengthen control over their implementation, since in practice there is a systematic violation of them.

TOPICAL ISSUES OF DOCTRINE AND COURT PRACTICE ON THE INTERNATIONAL RESPONSIBILITY OF THE STATE FOR THE ACTIVITIES OF FOREIGN NON-STATE ARMED GROUPS

The article examines the topical issues of doctrine and international judicial practice regarding the determination of the State's responsibility for international wrongful acts, in particular, those related to the activities of foreign non-State armed groups. The authors analyse the international legal framework of State responsibility for international wrongful acts, as well as individual criminal liability of individuals. The paper substantiates a set of economic and legal instruments for the implementation of international responsibility (reparations, satisfaction, restitution, economic sanctions) as a mechanism for ensuring compliance with international law by States. The study identifies the legal positions of the International Court of Justice, the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, the European Court of Human Rights and other international judicial institutions on the application of the concepts of "effective control" and "overall control" in judicial practice, as well as problematic issues of law enforcement.

Transnational maritime environmental crime and the BBNJ Agreement

Marine areas beyond national jurisdiction are a prime target for transnational maritime environmental crime due to a fragmented international legal framework and a lack of coordination and cooperation between governance and institutional structures. On 19 June 2023, member States of the United Nations adopted the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement). As the third Implementing Agreement to the 1982 United Nations Convention on the Law of the Sea (LOSC), the BBNJ Agreement seeks to secure the long term protection and integrated management of marine biodiversity through the effective implementation of relevant provisions of the LOSC and by strengthening and promoting cooperation and coordination between and among relevant legal instruments, frameworks and relevant global, regional, subregional and sectoral bodies. This article examines the relationship between the BBNJ Agreement and transnational maritime environmental crime and considers ways the instrument could assist in efforts to combat such crime. As part of this analysis, this article explores how the BBNJ Agreement could provide an important platform for the formation of key partnerships and alliances by means of regional and bilateral dialogues, outreach and coalition-building to address transnational maritime environmental crime and mobilize and sustain the momentum for global action on this issue.

Use of state symbols in trademarks: problem issues

The article examines the international and national legal framework for the protectionof state symbols, in particular as part of a trademark. The facts of illegal use of state symbolsin everyday life and for commercial purposes have become more frequent. However, inUkraine, the issue of approval of state symbols by one legislative act or separate laws ofUkraine has not been resolved. International law established protective norms that providefor the procedure for the use and responsibility for the improper use of state symbols.Article 6ter of the Paris Convention is the most important norm that supports the dignityand integrity of coats of arms, flags and national emblems. This prevents their unauthorizedcommercial use and exploitation, while promoting international cooperation and respectbetween countries and international organizations. It applies to all states that areparties to the Paris Convention, as well as to WTO members, regardless of whether theyare parties to the Paris Convention or not, in accordance with Article 2.1 of the TRIPSAgreement. Therefore, the approach of the Intellectual Property Office regarding the inclusionin the trademark of an image imitating the small State Coat of Arms of Ukrainecontradicts Art. 6ter and also Art. 65 of the Constitution, which establishes that honouringstate symbols is the duty of a citizen of Ukraine. This prevents their unauthorizedcommercial use and exploitation, while promoting international cooperation and respectbetween countries and international organizations. The foreign practice of legislative regulationof stopping the unauthorized use or abuse of state emblems deserves attention.Thus, Sec. 97 of Ireland's Trade Marks Act empowers the Minister to take action in theevent of unauthorized use by any person in the course of a commercial activity of the StateCoat of Arms or similar images. A fine is imposed on the violator. Sec. 98 gives the Ministerextraterritorial powers to take relevant actions outside the state. This provision is intendedto prevent, limit, or provide penalties for the registration, use, or application togoods not manufactured in the State of any trademark or other mark or description, orfalsely indicating the same. It is concluded that such norms should be provided for in thenational legislation.

Contextualising Australia’s Role in UN Peacekeeping Operations: A Comprehensive Analysis from 1947 to Present

Purpose: This scholarly article rigorously analyses Australia’s engagement in United Nations (UN) peacekeeping operations from 1947 to the present, focusing on the nation's substantial contributions, significant policy transitions, and the broader implications for international relations and global governance frameworks. Materials and Methods: Utilizing a qualitative methodological approach, this study systematically reviews over sixty peacekeeping missions involving Australia, drawing upon a diverse array of primary and secondary sources, including governmental reports, academic journals, and UN documentation. The timeframe spans critical historical moments, beginning with Australia’s initial involvement in international peacekeeping initiatives in the late 1940s and evolving through distinct geopolitical eras, including the Cold War, post-Cold War period, and contemporary conflicts (Baldwin et al., 2022; McDonald, 2023). The analysis is grounded in a constructivist framework intertwined with realism, allowing for a nuanced understanding of how Australia’s peacekeeping roles reflect and reinforce the interplay of national interests and international obligations. This theoretical lens facilitates an exploration of the changing nature of global conflicts, operational mandates, and evolving international norms (Kirton, 2023). Findings: The research reveals that Australia’s peacekeeping contributions have evolved significantly, marked by key policy shifts from unilateralism to multilateralism within the UN paradigm. The country’s notable involvements in critical missions, such as those in East Timor and the Solomon Islands, exemplify its commitment to regional stability while also reflecting strategic partnerships with key allies (Cousens & Kumar, 2022). Furthermore, these contributions highlight Australia’s capacity to respond to complex emergencies and humanitarian crises effectively, reinforcing its role as a key player in regional peace and security. Implications to Theory, Practice and Policy: This examination elucidates the implications of Australia’s peacekeeping operations for its foreign policy trajectory and international standing. As the nation grapples with contemporary security challenges - including humanitarian crises, intrastate conflict, and post-colonial nation-building - the analysis reveals that Australia’s peacekeeping engagements align with broader international relations trends. Notably, there is an increasing emphasis on multilateralism, the principle of state sovereignty, and collaborative security efforts among nations (Hawkins, 2023).

Transformative Impact of the EU AI Act on Maritime Autonomous Surface Ships

The International Maritime Organization collaborates with member states to develop the Maritime Autonomous Surface Ships (MASS) Code to establish an international agreement framework. In December 2023, an agreement was reached on the European Union (EU) Artificial Intelligence (AI) Act within the MASS Code. It was officially finalized and implemented on 1 August 2024. While the Act’s full application is set for two years later, certain provisions regarding safety against AI risks will take effect sooner. This study utilized a multiple-streams analysis method to examine how the EU AI Act impacted shipyards and shipping companies, focusing on ethical AI use and user safety. The findings indicate that technical completeness, safety enhancement, and AI system regulation through risk classification influence autonomous ship innovation. The challenges of reviewing the commercialization of new technologies for autonomous ships may result in market failures or decreased industry competitiveness. The study emphasizes the need to balance AI safety and ethical responsibility with autonomous ship development innovations. To ensure the sustainable application of AI technology, innovators must adapt to the EU AI Directive. Hence, this study confirms that the ethical and legal regulation of AI technology is crucial in technological innovation and development related to autonomous ships.

The Role of The International Court of Justice ICJ in Redressing the Environmental Damages Caused by States During Wartime

Over the past century, it has been more evident that one manifest consequence of conflict is the detrimental impact on the environment. Although there has been beneficial growth in international environmental law, the environment has nonetheless suffered from following international armed conflicts, including the Kosovo conflict, the Iraq war, the Israel-Lebanon war, and Ukraine. In fact, there has been no legal responsibility imposed on any State for violating the responsibilities outlined in Articles 35 and 55 of Additional Protocol I. Remarkably, the International Court of Justice ICJ has acknowledged that environmental damage is eligible for compensation and to take "active restoration measures". the main problem is that the environmental damage persists even after the war has ceased. This article attempts to analyze the strengths and weaknesses of the State responsibility for environmental damage during wartime before the ICJ. This article shows the significant contributions from ICJ to protect the environment but while also showing the ambiguity related to the development of reparation for the damage caused during wartime. The purpose of this article is to examine the extent to which international law could apply to environmental damage in wartime. How much environmental damage needs to happen how much reparation must be deliberated? The article explores a methodology for evaluating environmental damage caused during a conflict by the ICJ and takes the lessons learned from the jurisprudence of the ICJ to determine the appropriate amount of compensation for such damage. This article examines the ineffectiveness of the current international legal framework for dealing with environmental damage during wartime. It provides an overview of the historical context of environmental damage in armed conflicts and a review of existing customary and conventional laws.