scholarly journals Harmonization of Common but Differentiated Responsibility Principles as an International Law Norm towards National Law for the World Climate System Protection

2019 ◽  
Vol 6 (2) ◽  
pp. 126
Author(s):  
Athya Athya ◽  
Sukanda Husin ◽  
Delfiyanti Delfiyanti
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Kyoto Protocol ◽  
Legal System ◽  
Descriptive Analysis ◽  
Climate System ◽  
System Protection ◽  
The World ◽  
The Common ◽  
Common But Differentiated Responsibility

Harmonization efforts are needed because the applicable laws and regulations must be adapted to the various changes that have occurred in the Indonesian legal system. There are two main issues. The first one is the form of harmonization of the common but differentiated responsibility principles as an international legal norm towards national law for the protection of the world climate system, and the second one is Indonesia's obstacles in implementing the CBDR principle. This study applies normative juridical method using descriptive analysis. The data will be analyzed in a qualitative manner. The results of this study are, firstly, Indonesia carries out harmonization as the implementation of the contents of the Kyoto protocol through Law No. 32 of 2009 concerning Environmental Protection and Management. Secondly, the biggest obstacle in implementing the CBDR principle in Indonesia is corruption, collusion and nepotism.

scholarly journals Harmonisasi Hukum Internasional Pada Prinsip Common But Differentiated Responsibility dalam Hukum Nasional

Kosmik Hukum ◽  
2019 ◽  
Vol 19 (1) ◽  
Author(s):  
Athya Athya
Keyword(s):  
Climate Change ◽  
International Law ◽  
Kyoto Protocol ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Climate System ◽  
Address Climate Change ◽  
The World ◽  
The Common ◽  
Common But Differentiated Responsibility

Abstract Efforts to prevent the growing concentration of GHGs that led to climate change began by the United Nations by establishing a regulation on the protection of the world climate system, first, the Convention on Climate Change is created in 1992. Secondly, Kyoto Protocol was established in 1997. Furthermore, at COP-21 resulted in Paris Agreement. These three arrangements make the Common but Differentiated Responsibility Principle as the basis for protecting the world climate system. This research is to review harmonization of international law on the Common but Differentiated Responsibility Principle in national law. This research uses normative law research. This research is a descriptive analysis with the secondary data obtained. All the data will be analysed qualitatively. Indonesia has implemented an international arrangement to address climate change caused by greenhouse gases into national law by ratifying the UNFCCC by Law Number 6 of 1994 about ratification of UNFCCC and the Kyoto Protocol by Act Number 17 of 2004 about ratification of Kyoto Protocol to the UNFCCC. Indonesia harmonized as a form of implementation of protocol kyoto contents through Law Number 32 of 2009 on Environmental Protection and Management. Keywords:   Common but Differentiated Responsibility Principle; Law Harmonization Abstrak Upaya untuk mencegah meningkatnya konsentrasi GRK, pertama, Konvensi Perubahan Iklim dibuat tahun 1992. Kedua, didirikan Protokol Kyoto tahun 1997. Selanjutnya, pada COP-21 menghasilkan Perjanjian Paris. Ketiga pengaturan ini menjadikan Prinsip Tanggung Jawab Bersama dengan Tingkat Berbeda-beda sebagai dasar untuk melindungi sistem iklim dunia. Penelitian ini untuk meninjau harmonisasi hukum internasional tentang Prinsip Tanggung Jawab Bersama dengan Tingkat Berbeda-beda dalam hukum nasional. Penelitian ini menggunakan penelitian hukum normatif. Penelitian ini merupakan analisis deskriptif dengan data sekunder yang diperoleh. Semua data akan dianalisis secara kualitatif. Indonesia telah menerapkan pengaturan internasional untuk mengatasi perubahan iklim yang disebabkan oleh gas rumah kaca ke dalam hukum nasional dengan meratifikasi UNFCCC dengan Undang-Undang Nomor 6 Tahun 1994 tentang Pengesahan UNFCCC dan Protokol Kyoto oleh Undang-undang Nomor 17 Tahun 2004 tentang Pengesahan Protokol Kyoto Atas UNFCCC. Indonesia melakukan harmonisasi sebagai wujud implementasi isi Protokol Kyoto melalui Undang-undang Nomor 32 Tahun 2009 tentang Perlindungan dan Pengelolaan Lingkungan Hidup. Kata kunci:  Harmonisasi Hukum, Prinsip Tanggung Jawab Bersama dengan Tingkat yang Berbeda-Beda

scholarly journals Applicability of the 2017 FIDIC Red Book in Civil Law Jurisdictions

2020 ◽  
pp. 1-20
Author(s):  
Omar Hisham Al-Hyari
Keyword(s):  
United Arab Emirates ◽  
Legal System ◽  
Research Method ◽  
Common Law ◽  
Civil Law ◽  
Proper Understanding ◽  
The World ◽  
The Common

Abstract In 2017, the FIDIC launched a new edition of its Red Book—a recommended construction-related contract for building and engineering works designed by the employer. The roots of this book were influenced by the common law legal system, whereas many countries follow the civil law legal system. Amongst the latter countries is the United Arab Emirates, which has attracted construction parties from all over the world. Those who wish to use the Red Book amongst such parties should be acquainted with the local limitations on its applicability. Such acquaintance can provide them with a proper understanding of their rights and obligations. This article discusses these limitations using the doctrinal research method, which included, inter alia, an examination of all relevant decisions by local higher courts during the 2009-2019 period. The discussion shows that such limitations can be confronted owing to conflicts with local judicial jurisprudence and/or mandatory statutory provisions.

scholarly journals Colisão de Mundos: A Proteção Ambiental Internacional e a Cosmovisão Ameríndia l Clash of Worlds: The International Protection of the Environment and Amerindian Cosmovisions

2021 ◽  
Vol 10 (1) ◽  
pp. e58755
Author(s):  
Renan Moutropoulos Fortunato ◽  
Monique Maciel Barbosa
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Indigenous Peoples ◽  
International Protection ◽  
Earth Summit ◽  
The Earth ◽  
The World ◽  
Environment And Development ◽  
The One ◽  
Earth Charter

O texto tem como finalidade analisar o sistema de proteção ambiental internacional. A abordagem compara três visões sobre o tema: a) a criada por Estados no âmbito da ONU, calcada no conceito de desenvolvimento sustentável; b) uma visão crítica pós-estruturalista que desconstrói tal conceito; e c) a cosmovisão indígena brasileira sobre o meio ambiente. A intenção deste estudo é contrapor diferentes modos de concepção da natureza e suas implicações para a proteção ambiental. Portanto, pretende-se analisar a presença da visão indígena na Rio-92, a maior conferência sobre o tema. Para isso, lança-se mão de pesquisa bibliográfica e analisa-se a Carta da Terra - declaração de princípios éticos publicada na ocasião da Conferência Mundial dos Povos Indígenas sobre Território, Meio Ambiente e Desenvolvimento da Rio-92.Palavras-chave: Proteção ambiental; Cosmovisões ameríndias; DIP.ABSTRACTThis text aims to analyze the topic of environmental protection by comparing three visions about the theme. a) the one crafted by States within the UN system, based on the concept of “sustainable development”; b) a post-structuralist critical vision, which deconstructs that concept; and c) the Brazilian Amerindian cosmovisions over nature. This movement intends to contrast the different manners of conceiving nature and its consequences for environmental protection. So, the text seeks to assess the presence of the indigenous cosmovisions during the Earth Summit (1992), the most important summit on the topic. The research uses bibliographical research and a documental analysis of the Earth Charter of the Indigenous Peoples (a declaration of ethical principles published during the World Conference of Indigenous Peoples on Territory, Environment and Development, during the Earth Summit).Keywords: Environmental protection; Amerindian cosmovision; International law. Recebido em: 29/03/2021 | Aceito em: 05/08/2021. 

scholarly journals Why we should see international law as a structure: Unpicking international law’s ontology and agency

2020 ◽  
pp. 004711782091622 ◽  
Author(s):  
Adriana Sinclair
Keyword(s):  
International Law ◽  
Surface Structure ◽  
Legal System ◽  
Deep Structure ◽  
Social Hierarchy ◽  
The World ◽  
International Legal System

This article identifies how three dominant ideas of international law (as a process, an institution and a practice) see its agency, concluding that all three share a reluctance to see international law as doing anything more than enabling the operation of other actors, forces or structures. This article argues that we should see international law as a structure because it possesses both the surface structure of rules, principles, processes, personnel and material elements of the international legal system and a deep structure of values that sits deep within our subconscious. As Shklar’s idea of legalism shows us, legalism plays a powerful role in shaping all our understandings of ourselves and the world that surrounds us. Seeing international law as a structure enables us to see how it locates actors within a social hierarchy and how it behaves in similar ways to recognised structures like capitalism and racism.

scholarly journals The Concept of International Law in an Era of Populism

2020 ◽  
pp. 28-37
Author(s):  
Lea Ina Schneider
Keyword(s):  
International Law ◽  
Current Trend ◽  
Common People ◽  
National Interests ◽  
Instrumental Approach ◽  
International Solidarity ◽  
The World ◽  
State Behaviour ◽  
The Common ◽  
International Legal System

Nowadays, the world is experiencing a populist trend that is enhancing a nationalist viewpoint, which has contributed to the perception that international law is currently in a state of crisis. Populists attack international law calling it a device used by global elites to dominate policymaking and designed benefit themselves at the expense of the common people. This essay must be understood against this current trend and will explore how state behaviour that originates from a populist attitude affects international law. It attempts to answer the following questions: Why and how does populism challenge the very idea of international law? What are the effects of populist governments on international law? And what role would international law play in a populist era? This essay concludes that populists attack international law because the international legal system, as it developed after the 1990s, is based on values and concepts such as international solidarity which go against the identity and nationalistic politics of populists. Populist governments’ attitude towards international law ranges between an instrumental approach and a rhetoric-based principled opposition that if enacted in practice, would significantly change international law’s nature as it has developed after 1990. In general, populists promote a concept of international law as a law of coordination and aim to reduce it to an instrument for furthering national interests.

scholarly journals Fifth level of organisation of environmental protection systems: International law. Evolution of institutions of environmental global policy

2019 ◽  
Vol 6 (6) ◽  
pp. 41-47
Author(s):  
Dmitry M. Astanin
Keyword(s):  
Environmental Policy ◽  
International Law ◽  
Environmental Protection ◽  
Biological Diversity ◽  
Environmental Law ◽  
Environmental System ◽  
The World ◽  
Global Environmental Policy ◽  
Modern Classification ◽  
Multi Level

The analysis of the historical process of the formation of the global environmental policy of the modern states of the world in the context of the development of a multi-level environmental system is carried out. The main influence of the first International Environmental Conference in Bern 1914 on the organisation of interstate environmental authorities, the creation of the United Nations for approval of the Stockholm Declaration of 1972 and the Rio de Janeiro Declaration of 1992, which formed the modern classification of objects of environmental law, forms international eco-cooperation, ranking system of environmental policy. The thesis of the need for mutual coordination of all the participants in a multi-level environmental process, the inability of modern environmental authorities to effectively solve tasks in view of the lack of a joint action program of the world environmental system was put forward. Keywords: Environmental policy, environmental protection system, environmental law, international law, landscape and biological diversity.

Some Aspects of the Jurisprudence of National Claims Commissions

1942 ◽  
Vol 36 (1) ◽  
pp. 56-76 ◽  
Author(s):  
Robert R. Wilson
Keyword(s):  
International Law ◽  
Legal System ◽  
General Public ◽  
The World ◽  
International Legal System ◽  
Principle Of Legality

Many applications of international law receive but little attention from the general public. Unpublicized or little-publicized settlements involving relatively obscure persons and comparatively small amounts of money tend to be undramatic. They may seem of little importance during a period of major, kaleidoscopic developments in a worldwide conflict. But the fact remains that in numerous instances rules have become the bases for the disposition of practical questions which were of importance to the individuals immediately involved and of some concern to their respective governments. Collectively, these dispositions may help to attest the vitality of the principle of legality. At a time when the world situation puts in question the very fundamental elements of an international legal system, there may still be justification for drawing attention to the manner in which settlements of private claims against governments have been and are effected.

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