scholarly journals Perubahan Baseline Negara Kepulauan Akibat Perubahan Iklim dalam Hukum Internasional

2021 ◽  
Vol 4 (5) ◽  
pp. 2055
Author(s):  
Shofy Suma Nisrina ◽  
Enny Narwati

AbstractClimate change is a natural phenomenon that occur through a complicated and an evolutionary process. The impact of such natural phenomena is expected to shift the state's baseline following the geographical condition, consequently, it will also change the maritime zone owned by the state. The Law of the Sea has not regulated such impacts of the shifting baselines caused by natural phenomena which indicates a legal vacuum on this matter. This legal research examines the regulations and its implications which can be the basis of an archipelagic state’s shifting baselines coverage due to natural phenomena. States have the discretion to establish their coordinates point and geographical maps, moreover, based on the 1982 United Nations Convention on Law of the Sea (UNCLOS 1982), States are required to make official map deposits to the United Nations Secretary-General. The deposited baseline is permanent as long as the state does not make any updates.Keywords: Baseline; Climate Change; Archipelagic States; Law of The Sea.AbstrakPermukaan air laut yang meningkat menjadi salah satu akibat dari perubahan iklim. Fenomena meningkatnya permukaan air laut merupakan peristiwa alami yang terjadi secara evolusi sehingga proses terjadinya memerlukan jangka waktu yang lama. Dampak dari fenomena alam tersebut dapat mengakibatkan terjadinya pergeseran baseline negara mengikuti kondisi geografis yang terdampak sehingga terjadi perubahan wilayah negara atas laut. Hukum Laut belum mengatur mengenai kemungkinan terjadinya pergeseran baseline akibat fenomena alam ini sehingga merupakan suatu kekosongan hukum yang dapat menjadi potensi sengketa antar negara. Penelitian ini mengkaji atas dampak dan pengaturan yang dapat menjadi landasan apabila terjadi perubahan baseline negara terutama negara kepulauan seperti Indonesia yang sangat rentan akibat fenomena alam. Setiap Negara memiliki diskresi untuk menetapkan koordinat serta peta geografisnya mengingat kondisi wilayah yang berbeda-beda, dan berdasarkan Konvensi Hukum Laut 1982 (UNCLOS 1982), negara wajib melakukan deposit peta resmi ke Sekretaris Jenderal PBB. Baseline yang telah didepositkan merupakan baseline yang tetap selama negara tidak melakukan pembaharuan.Kata Kunci: Baseline; Perubahan Iklim; Negara Kepulauan; Hukum Laut.

2020 ◽  
Vol 9 (12) ◽  
pp. 710
Author(s):  
Tuo Wang ◽  
Gregory Giuliani ◽  
Anthony Lehmann ◽  
Yangming Jiang ◽  
Xiaodong Shao ◽  
...  

The essence of the 2030 Agenda for Sustainable Development adopted by the United Nations is described in 17 Sustainable Development Goals (SDGs). SDG 15 focuses on Life on Land, in other words, terrestrial biodiversity and ecosystems, as well as their services. Land degradation is a severe anthropic and natural phenomenon that is affecting land use/cover globally; therefore, a dedicated target of the SDG 15 (the indicator 15.3.1) was proposed. The identification of the areas where land degradation has occurred and the analysis of its drivers allow for the design of solutions to prevent further degradation in the studied areas. We followed the methodology proposed by the United Nations Convention to Combat Desertification (UNCCD) to study the land degradation in the Honghe Prefecture in southwest China between 2005 and 2015. Through spatial analysis, we found that the degraded areas were consistent with the areas of active human activities (such as urban centers), while the impact of natural factors (such as disasters) on land degradation existed in small areas at high altitudes. Land degradation was affected primarily by the loss of land productivity and secondly by land cover changes caused by the growth of artificial areas. Changes in the soil organic carbon were not significant. We concluded that human activity was the main driver of land degradation in Honghe Prefecture. Decision makers should work to find a balance between economic development and environmental protection to restore degraded land and strive to achieve a land degradation-neutral prefecture to defend all ecosystem services.


2017 ◽  
Vol 3 (2) ◽  
pp. 327-358
Author(s):  
Adrianus Adityo Vito Ramon

AbstractThe research argue that in the absence of an internationally negotiated provisions that explicitly regulate foreign peacetime military activities in the Exclusive Economic Zone (EEZ) of another States, States should consider the incident case per case as well as may employed the guideline prepared by highly reputed international legal scholars. This is essential to avoid unnecessary conflict between the Coastal State and the State conducting military activities in the EEZ. The aforementioned conclusion is reached by first analysing the definition of the peacetime military activities of the State. The research would also examine the negotiation process and its negotiated provisions of the United Nations Convention on the Law of the Sea (UNCLOS) 1982 resulted from the negotiation, regulating EEZ. Subsequently, the research would examining of the practice of the States interpreting the UNCLOS 1982’s EEZ provisions, including providing the options as an interim solutions for the void in the legal instruments in the matter.  


2016 ◽  
Vol 31 (3) ◽  
pp. 470-498 ◽  
Author(s):  
Bevan Marten

This article discusses the use of port state jurisdiction to impose information requirements on visiting foreign vessels, with reference to the maritime zone-based approach to jurisdiction taken in the United Nations Convention on the Law of the Sea and other maritime Conventions. It argues that port states have extensive options for requesting information from vessels in port, even if that information relates to matters arising beyond the state’s maritime zones (as in the case of the European Union’s 2015 regime for monitoring vessel co2 emissions), without making any excessive claim to extra-territorial jurisdiction. After discussing the manner in which port states may choose to deploy these options in practice, the article addresses some broader trends connected with the increasing automation of shipping and the ever-wider availability of shipping-related information, and the impact these developments may have on international law and shipping regulation in the long term.


2019 ◽  
Vol 30 (2) ◽  
pp. 132-138
Author(s):  
V. M. Vdovychenko ◽  
D. O. Omelich

Fires have caused significant damage since ancient times, and over time the area and damage has increased. Pine plantations in the southern and eastern regions of Ukraine are particularly affected by this natural phenomenon. The damage caused by the fire interrupts the course of natural successions and prolongs the period of climax. In order to assess the impact of persistent grassroots fire on the complex of forestry and taxation indices of plantations, the taxation structure of pine plantations and the impact on phytocenoses, a methodical analysis of plantations in the Skripayivsky forestry of the state enterprise «Skripayevsky Educational Research Forestry» was made. The data of forest fires over the last 30 years have been analyzed and the reconnaissance works have been carried out, the characteristic test areas have been selected and monitored over the three years. As a result of the work, the relationship between the height of the slope and the intensity of drying was observed. It has been observed that the mass drying of trees does not occur in the first year, but within three years. Also noted was a certain category of trees that appeared to be more resistant to the negative effects of fire, characterized by the following characteristics: thick, dense, high raised bark, well cleared of branches of tree trunks, diameter above average, high raised crown. This factor should be taken into account when creating forest crops (use quality planting material and the introduction of deciduous trees), carrying out further planting care (timely care of forest crops and the required intensity) and carrying out fire prevention measures (raising crowns, mineralization and mineralization breaks). Based on these observations, it is possible to predict the state of planting after a fire, depending on the intensity of the fire (altitude and the degree of burning of the litter) and take into account when conducting forestry activities.


Author(s):  
A.V. Rybakov ◽  
◽  
E.V. Ivanov ◽  
D.S. Sibgatulina ◽  
G.S. Alyoshkin ◽  
...  

The article shows the procedure for determining the values of the stability index of hydraulic structures (earth dams). An approach to the creation of an engineering methodology for carrying out operational calculations for predicting the state of an earth dam under the influence of known characteristics of damaging factors of rapidly developing dangerous natural phenomena and man-made processes is presented. One of the directions of application of the proposed approach is shown — the definition of rational parameters for the protection of hydraulic structures and the development of a plan of measures to achieve them.


2021 ◽  
Vol 7 (2) ◽  
pp. 414-423
Author(s):  
W. A. Yorose ◽  
E. Y. Tenkorang ◽  
S. Mariwah

There is increasing awareness in disaster research about the diverse ways in which disasters affect humanity. The impact of disaster stretches from individuals and households to nation-states. Most disaster discourses focus on the impact, mitigation, management, preparedness and response, but neglecting the issues surrounding the social and natural causes of disaster and their interrelationship. Using content analysis from previous studies, we review some of the discussions on disaster construction as a social or natural phenomenon. The review showed that issues about disaster construction largely centre on natural, social or human and technological factors. It is concluded that the issues triggering the construction of disasters are central to disaster preparedness and mitigation, as they lay the platform upon which decisions are made regarding which policy to put in place to prevent, mitigate or prepare for disasters. Keywords: Disaster, Literature Review, Management, Natural Phenomenon, Social Phenomenon, Mitigation


2021 ◽  
Vol 47 (3) ◽  
pp. 873-899
Author(s):  
Francisco Lertora Pinto ◽  

The 1982 United Nations Convention on the Law of the Sea established spe-cific rules for the delineation of the outer limit of the continental shelf in Article 76. This Article contains two formulae and two constraints. Regarding these constraints, the coastal State can apply, whichever is more favorable to its claim, unless the exception established under Article 76 (6), first sentence, applies. This exception establishes that, on submarine ridges, the State can only apply the 350 nautical miles distance constraint. However, Article 76 (6), second sentence, introduces a counter-exception and preserves the State’s right to ap-ply either constraint when the seafloor high is a submarine elevation that is a natural compo-nent of the continental margin


Politics ◽  
2018 ◽  
Author(s):  
Peter Ferdinand ◽  
Robert Garner ◽  
Stephanie Lawson

This chapter examines various dimensions of security and insecurity within states. It first considers different conceptualizations of security and the range of areas within which it may be applied before discussing security and insecurity in the state of nature. It then explores the impact of security and insecurity on global politics, Thomas Hobbes' ideas about security and insecurity, and collective security as embodied in the United Nations (UN). It also reviews some pressing security challenges in the post-Cold War period and the broadening of the security agenda to encompass more recent concerns such as human security, environmental security, and energy security. Finally, it analyses the ‘war on terror’ that came in response to 9/11, raising further questions concerning how best to deal with nonconventional threats.


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