scholarly journals Pendekatan Ekoregion Dalam Sistem Hukum Pengelolaan Sumber Daya Air Sungai di Era Otonomi Daerah

2014 ◽  
Vol 9 (2) ◽  
pp. 158
Author(s):  
Nita Triana
Keyword(s):  
Water Resources ◽  
Legal System ◽  
Local Policy ◽  
Environmental Rights ◽  
Regional Autonomy ◽  
Healthy Environment ◽  
Political Boundaries ◽  
The Right ◽  
The Impact ◽  
Local Levels

Hak atas lingkungan yang baik dan sehat dijamin oleh Pancasila dan UUD 1945 yang berimplikasi terhadap perlunya kebijakan, rencana dan/atau program mengenai hak atas lingkungan tersebut diatur dalam perundang-undangan, baik di tingkat nasional maupun daerah. Dalam konteks otonomi daerah hak atas lingkungan tersebut termasuk dalam kelompok bidang urusan wajib pemerintahan. Tulisan ini bertujuan untuk menganalisis dampak pengaturan hak atas lingkungan hidup dalam bidang sumber daya air. Hasil penelitian ini menunjukkan bahwa dampak pengaturan hak atas lingkungan hidup dalam sistem hukum pengelolaan sumber daya air  sungai tidak terintegrasi dengan daerah lain, sehingga  kebijakan pemerintah daerah lebih ditujukan untuk peningkatan pendapatan daerah masing-masing. Kondisi ini mengakibatkan  terjadinya perusakan sumber daya air sungai di bagian hulu dan hilir dan tidak optimalnya pemanfaatan air sungai. Berdasarkan hal tersebut dibutuhkan sistem hukum pengelolaan sumber daya air dengan pendekatan ekoregion, dimana batas darat dan perairan tidak ditentukan oleh batas secara politik, akan tetapi oleh batas geografis dari komunitas manusia dan sistem lingkungan.<br /><br /><br /><em>The right to a good and healthy environment is guaranteed by Pancasila and the 1945 Constitution which has implications on the need for policies, plans and / or programs on environmental rights are set out in legislation, both at national and local levels. In the context of regional autonomy, rights to the environment including the obligatory group of government issues. This paper aims to analyze the impact of regulation on environmental rights in the field of water resources. The results of this study indicate that the impact of regulation on environmental rights in the legal system of management of water resources of the river is not integrated with other areas, so that local policy is intended to increase local revenues respectively. These conditions resulted in the destruction of the water resources of the river upstream and downstream and is not optimal utilization of river water. Under the terms of the legal system needs water resources management with ecoregion approach, where land and water boundaries are not defined by political boundaries, but by the geographical boundaries of the human community and environmental systems.</em><br /><br />

The Emergence of Climate Litigation in the Global South

2020 ◽  
Vol 114 ◽  
pp. 85-86
Author(s):  
Jolene Lin
Keyword(s):  
Global South ◽  
Right To Life ◽  
Environmental Rights ◽  
Healthy Environment ◽  
The Right

Climate litigation in the Global South tends to be couched in rights-based clams including the right to life and a clean and healthy environment. Jolene Lin explained that this is in part due to the fact that many jurisdictions in the Global South have embedded environmental rights in their constitutions and, in some cases, courts have interpreted the right to life to include the right to a clean and healthy environment.

scholarly journals PERLINDUNGAN HAK WARGA NEGARA ATAS LINGKUNGAN HIDUP YANG SEHAT DIKAITKAN DENGAN MANFAAT PENERIMAAN NEGARA DARI PRODUKSI ROKOK

2018 ◽  
Vol 1 (1) ◽  
pp. 1328
Author(s):  
Billy Samuel ◽  
Rasji .
Keyword(s):  
Legal System ◽  
Research Method ◽  
Good Health ◽  
Legal Culture ◽  
Public Confidence ◽  
Healthy Environment ◽  
Health Services Need ◽  
The Republic ◽  
The Government ◽  
The Right

Cigarettes is a culture that has existed since time immemorial and has come down to the heir of the nation to this day, cigarettes which initially is a habit that is done to fill the vacuum of time, has now turned into something that makes people dependence on cigarettes. Therefore based on the 1945 Constitution of the State of the Republic of Indonesia in Article 28H paragraph (1) states that the right of citizens to obtain a good and healthy environment, and get good health services, need to be regulated further about health, especially the imposition cigarette. Now cigarettes that use tobacco which is one of addictive substances, has been regulated further by Law Number 36 Year 2009 About Health which is one of the realization of the ideals of the Constitution Article 28H Paragraph (1). However, control isn’t enough, in fact the government only carries the imposition of excise products that containing addictive substances. The research method used is normative legal research method that comes from primary, secondary, and supported by interview with related experts, which is analyzed deductively. In addition, the theory of the legal system not only refers to the substance of the law but also supported the legal culture that is more directed to the attitude of society, public confidence, values adopted by society and their ideas or expectations that determine how the legal system to obtain a place that is appropriate and acceptable to citizens within the framework of better society culture for Indonesia.

The Impact of the Pan-European General Principles of Good Administration on German Law

2020 ◽  
pp. 301-329
Author(s):  
Ulrich Stelkens
Keyword(s):  
Legal System ◽  
German Law ◽  
Administrative Law ◽  
Council Of Europe ◽  
System P ◽  
Individual Protection ◽  
National Constitution ◽  
The Right ◽  
The Impact

This chapter discusses the impact on German administrative law of the pan-European general principles of good administration developed within the framework of the Council of Europe (CoE). The chapter highlights that most of the German core statutes on administrative law had already been enacted or were developed before the adoption of the said principles. Moreover, the low availability and the lack of translation of the ‘CoE sources’ as well as the (over)reliance of German courts on the national constitution in developing standards of individual protection present further hindrances for their full permeation. However—at least conceptually—German law lives up to the said principles and often even exceeds them. The chapter concludes that it seems to be only a matter of time and the right opportunity for such impact to become full-blown in the German legal system.

scholarly journals Cities after pandemic: enabling social distancing as a new design standard to achieve urban immunity

2021 ◽  
Vol 20 (4) ◽  
pp. 345-360
Author(s):  
Nawras Motathud Mohammed Salih ◽  
Shaimaa Hameed Hussein
Keyword(s):  
Design Criterion ◽  
Sustainable Urban Development ◽  
Sustainable Mobility ◽  
Social Distancing ◽  
Healthy Environment ◽  
The Future ◽  
The Right ◽  
Healthy Community ◽  
The Impact ◽  
The City

Motives: COVID-19 pandemic has caused worldwide implementation of unprecedented measures of physical distancing to decrease the potential of the COVID-19 infection. As cities respond to closure measures in order to flatten the infection curve, the challenges associated with the spread of the epidemic and the increasing numbers of infected and deaths that compel us to fundamentally rethink the formation of our cities, especially their streets, the research presents an urban review of the impact of the pandemic on cities and find solutions to recover, achieve a safe and sustainable healthy environment, and prepare better for any pandemic that may occur in the future, the research seeks to strengthen the theory of prevention, which the research proposes to call (urban immunity) by including social distancing as a design criterion in the city that has proven effective in flattening the curve. Aims: This paper focuses on the mechanisms related to sustainable mobility after COVID-19 in shaping urban mobility and initiating a green transformation in urban transportation rapidly by decarbonizing and promoting cycling and walking across all over the city. The research methodology depends on identifying the most important urban problems that Al-Dhubat Street suffers from and proposing solutions that reduce dependence on private transportation and move towards sustainable mobility as an important step in strengthening urban prevention against any epidemics that may occur in the future, and then testing indicators on the Al-Dhubat Street to identify effective indicators. Results: The research concluded that social distancing is the way back to active mobility by relying on walking and bicycles and works to restore the right of pedestrians in the streets and sidewalks instead of cars and thus achieve sustainable urban development, which enhances the urban immunity of the city against any other epidemics may occur in the future. With the proposed interventions on Al-Dhubat Street we can keep car use low and promote walking and cycling for a sustainable, equitable, habitable, and healthy community after the pandemic.

scholarly journals The Phenomenon of Dynastic Politics Following Constitutional Court Decision Number 33/PUU-XIII/2015

2021 ◽  
Vol 23 (2) ◽  
Author(s):  
Ilham Dwi Rafiqi ◽  
Febriansyah Ramadhan
Keyword(s):  
Human Rights ◽  
Local Politics ◽  
Court Decision ◽  
Constitutional Court ◽  
Family Ties ◽  
Regional Autonomy ◽  
The Government ◽  
Dynastic Politics ◽  
The Right ◽  
Local Levels

This research aims at breaking down the dynamics of dynastic politics after the 2020 simultaneous general election and the dynamics between the nomination of regional heads and dynastic politics following the issuance of the Constitutional Court decision no. 33/PUU-XIII/2005.  The research found that this local politics phenomenon is triggered by the policy on regional autonomy and decentralization after reformation in bringing about new groups with family ties at local levels who occupy positions in the government.  Going by the excuses of freedom and human rights, the groups in this dynastic politics have seen a gradual increase in quantity overtime.  This increase happened after the Constitutional Court decision no. 33/PUU-XIII/2015 ruled in their favour.  In the ruling, the Court took human rights into their main consideration for reversing the ruling against the ban on the dynastic politics law, which in Article 7 (r) UU 1/2015 may give the impression that the right to political participation is removed.

scholarly journals Reconceptualising the Right to a Clean and Healthy Environment in Kenya

2019 ◽  
Vol 4 (1) ◽  
pp. 71-88
Author(s):  
Timonah Chore
Keyword(s):  
Literature Review ◽  
Intrinsic Value ◽  
Case Law ◽  
Law And Literature ◽  
Environmental Conservation ◽  
Human Species ◽  
Environmental Rights ◽  
Healthy Environment ◽  
The World ◽  
The Right

States around the world are progressively protecting environmental rights. The Constitution of Kenya 2010 provides for environmental rights under Articles 42, 69 and 70. However, this study argues that there is need to reconceptualise the right to a clean and healthy environment as established under Article 42, as the right is geared towards human utility rather than intrinsic environmental protection. Thus, the right is shrouded with anthropocentric concerns which may be construed as insufficient in the protection of natural resources, ecosystems and other non-human species for their ecological and intrinsic value. Accordingly, the study examines the right to a clean and healthy environment as envisaged in the Constitution of Kenya 2010 and, from that context, assesses the efficacy of anthropocentric environmental rights in environmental conservation highlighting the potential challenges faced in their implementation. As a way forward, the study recommends bicentric environmental rights as an alternative to anthropocentric environmental rights. The study realises its objectives through the use of case law and literature review.

The Impact of the Court of Justice of the European Union on the Israeli Legal System

2020 ◽  
pp. 265-304
Author(s):  
Arie Reich
Keyword(s):  
European Union ◽  
Legal System ◽  
Competition Law ◽  
The European Union ◽  
Coding System ◽  
Association Agreement ◽  
Court Of Justice ◽  
System P ◽  
The Right ◽  
The Impact

This chapter presents the findings of the author on the impact of the Court of Justice of the European Union (CJEU) on the Israeli legal system. After a short description of the Israeli legal system and its judiciary, including figures on the use of foreign legal sources by the courts, the chapter describes briefly the relations between the EU and Israel and notes the weak legal approximation provision in the Association Agreement. Despite the lack of obligation on Israel’s part to rely on CJEU judgments, the author has found steadily growing numbers of citations of these judgments by various Israeli courts and tribunals. The chapter presents the statistics of these citations over the years, the types of tribunals that cite the CJEU, and the fields of law where these citations are mostly found (mainly in trade marks, competition law, and labour law). It also lists the CJEU cases that are most cited by Israeli tribunals. It then assesses the impact of the citations by a coding system that allows us to observe the relative influence that the citations had in the various tribunals. After having presented a statistic overview on the citation patterns, the chapter zooms into some specific cases where the CJEU was cited in order to put the citation into context and better understand its significance. Finally, the chapter discusses instances of CJEU impact on Israeli regulation, not case law, namely in the field of competition law, sports (the Bosman case), and privacy (‘the right to be forgotten’).

Rivers as borders, uniting or dividing? The effect of topography and implications for catchment management

2012 ◽  
Vol 66 (3) ◽  
pp. 510-516
Author(s):  
D. A. Smedley ◽  
K. M. Rowntree
Keyword(s):  
South Africa ◽  
Resource Management ◽  
Water Resources ◽  
Water Resource ◽  
Water Resource Management ◽  
Spatial Scales ◽  
Local Level ◽  
Catchment Management ◽  
Political Boundaries ◽  
The Impact

South Africa's water resources are unequally distributed over space and time and an already stressed water resource situation will only be exacerbated by climate change if current predictions are correct. The potential for conflict over increasingly strained water resources in South Africa is thus very real. In order to deal with these complex problems, national legislation is demanding that water resource management be decentralized to the local level where active participation can take place in an integrated manner in accordance with the principles of Integrated Water Resource Management (IWRM). However, administrative and political boundaries rarely match those of catchments as, throughout South Africa, rivers have been employed extensively to delineate administrative and political boundaries at a number of spatial scales. The aim of this research is to determine if rivers act as dividing or uniting features in a socio-political landscape and whether topography will influence their role in this context. The Orange-Senqu River is used as a case study. This paper goes on to consider the implications of this for catchment management in South Africa. No study known to the authors has explored the effect of the river itself, and its topographic setting, on the drivers that foster either conflict or cooperation, and allow for participatory management. This study presents evidence that the topography of a catchment has the ability to aggravate or reduce the impact of the variables considered by water managers and thereby influence the role of a river as a dividing or uniting feature. South Africa's proposed form of decentralized water management will have to contend with the effects of different topographies on the way in which rivers are perceived and utilized.

scholarly journals THE RIGHT TO A BALANCED AND HEALTHFUL ECOLOGY IN THE LEGAL FRAMEWORK OF THE EUROPEAN CONVENTION OF HUMAN RIGHTS AND CASE LAW OF THE ECtHR

2022 ◽  
Vol 20 (33) ◽  
pp. 103
Author(s):  
Elena Evgenyevna Guliaeva
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Global Warming ◽  
Case Law ◽  
European Convention ◽  
Environmental Rights ◽  
Healthy Environment ◽  
Favorable Environment ◽  
European Court ◽  
The Right

Objective:The author seeks to understand the content and legal guarantees of the right to sustainable, healthy and favorable environment in the jurisprudence of the European Court of Human Rights. The researcher seeks to list the case law of the ECtHR corresponding to environmental issues in order to define concrete aspects related to responsibility of the States for the climate change and global warming. The author analyzes new legal trends on the protection of the rights of individuals and groups to complain for violations of their rights to a healthy and favorable environment in the light of the European Convention on Human Rights. The article is focused on positive state obligations on a healthy and sustainable environment under the Convention provisions, Russian experience in eco-cases, admissibility criteria for complaints to the European Court of Human Rights in “environmental cases”. The writer gives an overview of the ECtHR’s legal positions on the right to a healthy and favorable (i.e. prosperous, clean, safe, quiet, calm, quality) environment by type of its pollution. The author considers the importance of facilitating the right to healthy environment according to the UN Sustainable Development Goals.Methodology: The research uses general scientific and special cognitive techniques wherein legal analysis and synthesis, systemic, formal-legal, comparative-legal, historical-legal and dialectical methods are applied. The author applied a case study method to select the most recent and pilot cases of the ECtHR practice.Results: The author founds out that despite the fact of a non-exhaustive list of the legal positions of the ECtHR concerning the environment effect on human life and health, there is a certain trend in Council of Europe towards an extended interpretation of the human right to healthy ecological situation responding to new challenges to the realization that right, such as, the decarbonization of industrial processes, right to light, right to fresh air, clean water and clean atmosphere, etc. The study concludes with an idea that right to sustainable, healthy and favorable right is a collective right. From the practical perspective, potentially group of individuals should complain to the international judicial institutions to the violation of this right. The importance of the protection of that right is increasing within the technological progress. The right to healthy environment imposes to the European States a legal obligation to ensure right to life, prohibition of torture, right to privacy, right to a fair trial, right to an effective remedy and prohibition of discrimination. The researcher also point out that cases of environmental rights violations are complicated in terms of preparing a complaint and processing by the ECtHR. Due to this fact, it is hard to do so with regard to the causal link between the acts (omission) of state agencies, the violation of environmental rights and the consequences that occurred. It is not clear from the text of the Convention which article directly should be applied.Contributions: Following a review of the content, the author raised possible problems, strategies, suggestions and guidelines for the protection of the right to sustainable and healthy environment. The author concluded that near future new categories of legal cases related to the state responsibility for global warming and climate change will appear in international and national judicial system. The author encourages the complement to the international legal regulation of the protection of the right to healthy, sustainable and favorable ecology on universal and regional level.

Introductory Note

2019 ◽  
pp. 737-744
Author(s):  
Eduardo Ferrer Mac-Gregor Poisot
Keyword(s):  
Human Rights ◽  
Use Of Force ◽  
Environmental Rights ◽  
Healthy Environment ◽  
Security Personnel ◽  
Introductory Note ◽  
And Gender ◽  
The Right ◽  
First Time ◽  
Advisory Opinions

During 2017, the Inter-American Court of Human Rights issued ten judgments in contentious cases, four interpretations of previous judgments, and two advisory opinions. It was a year in which the Court issued several landmark cases. For the first time, it declared a violation of Article 26 of the American Convention, which enshrines economic, social, cultural, and environmental rights (ESCER). The Court also declared the right to a healthy environment as an autonomous right under Article 26, and developed its jurisprudence on the rights of LGBTI persons, particularly with respect to marriage equality, gender identity and gender expression. The Court also tackled a variety of other issues, such as the need to duly investigate sexual violence, the proper use of force by security personnel, and the need to protect human rights defenders in the exercise of their endeavors.

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