scholarly journals MEMPERJUANGKAN KEADILAN LINGKUNGAN MELALUI PERADILAN TATA USAHA NEGARA (STUDI PUTUSAN NOMOR 30/G/LH/2017/PTUN.MKS)

2020 ◽  
Vol 32 (2) ◽  
pp. 159
Author(s):  
Francisca Romana Harjiyatni
Keyword(s):  
Environmental Justice ◽  
The State ◽  
Healthy Environment ◽  
Community Rights ◽  
Environmental Disputes

AbstractThere is a tendency that the PTUN verdicts on environmental disputes are less accommodating the community rights for a good and healthy environment. This study aims to determine the verdict of PTUN Makassar in providing environmental justice and juridical obstacles in realizing environmental justice through the State Administrative Court. The results of the study showed that: 1) PTUN Makassar Verdict Number: 30/G/LH/2017/PTUN.Mks. had not accommodated environmental justice because the considerations used in the verdict are formalistic in nature; 2) Juridical constraints: the differences in the meaning of the plaintiff's interests according to the PTUN Law and UUPPLH.IntisariPutusan PTUN dalam sengketa lingkungan ada kecenderungan kurang mengakomodir hak masyarakat atas lingkungan hidup yang baik dan sehat, termasuk dalam hal ini Putusan PTUN Makassar Nomor: 30/G/LH/2017/PTUN.Mks. Tulisan ini bertujuan untuk mengetahui putusan PTUN Makassar dalam memberikan keadilan lingkungan dan kendala yuridis dalam mewujudkan keadilan lingkungan melalui Peradilan Tata Usaha Negara. Hasil studi menunjukkan: 1) Putusan PTUN Makassar Nomor: 30/G/LH/2017/PTUN.Mks belum mengakomodir keadilan lingkungan, karena pertimbangan dalam putusan tersebut bersifat formalistik yang mendasarkan pada hukum acara tata usaha negara pada umumnya; 2) Kendala yuridis: perbedaan makna kepentingan penggugat menurut UU PTUN dan UUPPLH.

scholarly journals The Role of Investment Associated with the Reduction of the Effects of Environmental Pollution with Gas Decision

2017 ◽  
Vol 1 (3) ◽  
pp. 102-144
Author(s):  
Buthaina Rashid Al Kaabi ◽  
Hanan Ibrahim Mazloum
Keyword(s):  
Social Life ◽  
The State ◽  
Environmental Damage ◽  
State Budget ◽  
Gas Combustion ◽  
Associated Gas ◽  
Healthy Environment ◽  
Economic Significance ◽  
The Social ◽  
Future Situation

gas sector, an important sector in Iraq because of the great economic significance in support of the Iraqi economy and it represents a second fixed with oil to finance the state budget source of income. As well as investment by the lead to reduce the effects of environment polluting due to the accompanying emissions of dangerous toxic gases, gas flaring, which sometimes lead to the death of many people if inhaled and that the aim of the research dealt with knowledge of the environmental impact before making an investment associated gas decision and after the establishment of a project to improve the environment and the extent of impact of the project in the social life and the solution to the problem of the research of the combustion of large amounts of associated gas because of the lack of attention to hold such an important natural resource that generates state many returns and lead to significant financial losses in the event of lack of investment. the gas combustion leads to polluted and unhygienic environment causing disease, cancer of the inhabitants of neighboring areas .oan the practical side of the research dealt with the relationship between investment-associated and its impact gas-decision in the preservation of the environment and that the most important conclusions of the research: the investment-associated gas decision Rashid and that the decision came too late, according to the findings of the research, the this decision adds another supplier of oil in the state budget was burning waste and contribute to the preservation of free burning remnants of a healthy environment, This corresponds to the research : Promote associated gas investment in order to support the state budget an additional financial resource of oil and this is what improves the current and future situation and also reduces the effects of environmental damage.

scholarly journals Policing Environmental Injustice

2021 ◽  
Author(s):  
Andrea Brock ◽  
Nathan Stephens-Griffin
Keyword(s):  
Environmental Justice ◽  
Human Nature ◽  
Social Order ◽  
Open Space ◽  
The State ◽  
Social Conditions ◽  
Environmental Injustice ◽  
Equal Distribution ◽  
Nature And Society

Environmental justice (EJ) activists have long worked with abolitionists in their communities, critiquing the ways policing, prisons, and pollution are entangled and racially constituted (Braz and Gilmore 2006). Yet, much EJ scholarship reflects a liberal Western focus on a more equal distribution of harms, rather than challenging the underlying systems of exploitation these harms rest upon (Álvarez and Coolsaet 2020). This article argues that policing facilitates environmentally unjust developments that are inherently harmful to nature and society. Policing helps enforce a social order rooted in the ‘securing’ of property, hierarchy, and human-nature exploitation. Examining the colonial continuities of policing, we argue that EJ must challenge the assumed necessity of policing, overcome the mythology of the state as ‘arbiter of justice’, and work to create social conditions in which policing is unnecessary. This will help open space to question other related harmful hegemonic principles. Policing drives environmental injustice, so EJ must embrace abolition.

scholarly journals Law, Governance, and the Ecological Ethos

2015 ◽  
Author(s):  
Daniel Butt
Keyword(s):  
Coercive Force ◽  
Environmental Justice ◽  
Recent Work ◽  
Environmental Governance ◽  
Environmental Law ◽  
Command And Control ◽  
The State ◽  
Popular Participation ◽  
Wide Range ◽  
And Control

This chapter examines the limitations of both command-and-control and market-based legal mechanisms in the pursuit of environmental justice. If the environment is to be protected to at least a minimally acceptable degree, approaches that focus on the coercive force of the state must be complemented by the development of an “ecological ethos,” whereby groups and individuals are motivated to act with non-self-interested concern for the environment. The need for this ethos means that the state is dependent on the cooperation of a wide range of non-state actors. Recent work on environmental governance emphasizes the delegation of aspects of governing to such actors and supports efforts to increase popular participation in governmental processes. The chapter therefore advocates a governance approach that seeks to rectify some of the limitations of state-led environmental law, while encouraging popular participation in a way that can encourage the development of an ecological ethos among the citizenry.

Environmental Problems and the State of Compliance with the Right to a Healthy Environment in a Mining Region of México

2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Violeta Mendezcarlo Silva ◽  
Manuel Alejandro Lizardi-Jiménez
Keyword(s):  
Heavy Metals ◽  
Industrial Development ◽  
Environmental Problems ◽  
The State ◽  
Healthy Environment ◽  
San Luis ◽  
Mining Region ◽  
San Luis Potosi ◽  
The Right ◽  
San Luis Potosí

AbstractThe objective of this article is to review the environmental problems in Mexican state of San Luis Potosí (mining region) and the state of compliance with the right to a healthy environment. Our study helps to demonstrate complexity of the environmental impact in a broader context, if it is repeated in other mining regions of the non-developing world. The findings include heavy metals as lead and arsenic, in soil, with neurotoxic and carcinogenic properties. Impact on the biota as a whole, decrease of the biological activity and enzymatic inhibition. Heavy metals, including arsenic, mercury, cadmium and lead, as a product of the metallurgical and foundry industry were detected in children of the city of San Luis Potosí. Water contaminated with fluorine and arsenic, product of the extensive drilling of water wells and the transfer of contaminants from the mining and metallurgical industry. Air contaminated with heavy metals product of mining and metallurgy and hydrocarbons in urban and rural areas. Plastics as a global problem, but with the absence of local diagnosis, despite having one of the main pollution factors: industrial development. Hydrocarbons as pollution with very little diagnosis, beyond environmental emergencies. There is no evidence that the right to a healthy environment is fulfilled in the State of San Luis Potosí.

From Transportation Equity to Transportation Justice: Within, Through, and Beyond the State

2020 ◽  
Vol 35 (4) ◽  
pp. 440-459 ◽  
Author(s):  
Alex Karner ◽  
Jonathan London ◽  
Dana Rowangould ◽  
Kevin Manaugh
Keyword(s):  
Social Change ◽  
Environmental Justice ◽  
Analytical Methods ◽  
System Performance ◽  
The State ◽  
Substantial Cost ◽  
Planning Practice ◽  
State Institutions ◽  
Flow Through ◽  
Transportation Equity

Transportation policies, plans, and projects all flow through state institutions because of the substantial cost of infrastructure and the need to assess transportation system performance, including equity implications. But environmental justice scholarship interrogates the state’s role in perpetuating injustice. Most research and planning practice related to transportation equity has relied upon state-sponsored analytical methods. Transportation planners and scholars can benefit from critical assessments of these approaches. We propose a shift in focus from transportation equity to a broader consideration of transportation justice that is more closely aligned with models of social change promulgated in the environmental justice literature and by related movements.

A Legal Protective Tool: Environmental Laws

2015 ◽  
Vol 5 (2) ◽  
Author(s):  
Vijay Kumar Upadhyay ◽  
Amit K. Tewari
Keyword(s):  
Natural Environment ◽  
State Policy ◽  
The State ◽  
Fundamental Rights ◽  
Environmental Laws ◽  
Healthy Environment ◽  
Made In

In the Constitution of India it is clearly stated that it is the duty of the state to ‘protect and improve the environment and to safeguard the forests and wildlife of the country'. It imposes a duty on every citizen ‘to protect and improve the natural environment including forests, lakes, rivers, and wildlife'. Reference to the environment has also been made in the Directive Principles of State Policy as well as the Fundamental Rights. The Department of Environment was established in India in 1980 to ensure a healthy environment for the country. This later became the Ministry of Environment and Forests in 1985.

scholarly journals PENEGAKAN HUKUM ADMINISTRASI LINGKUNGAN HIDUP DITINJAU DARI KONSEP NEGARA HUKUM

2020 ◽  
Vol 5 (2) ◽  
pp. 260
Author(s):  
Atika Thahira
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
State Theory ◽  
Living Environment ◽  
The State ◽  
Healthy Environment ◽  
Protection Of Human Rights ◽  
The Right ◽  
Environmental Administration ◽  
And Function

Indonesia, Indonesia is a nation of law that uses a rule of law country (rechtstaat) concept. The concept of rule of law Indonesia set forth in its Constitution, the 1945 Constitution, Article 1 paragraph (3). There is an important element of democracy stated on the Constitution, namely the protection of human rights, that every citizen has the right to enjoy it. One of the rights protected in the Constitution is right to access a good and healthy living environment. For this, the environment needs to be preserved and function through administrative law enforcement. The study uses normative juridical approach with descriptive-analytics, which describes the norms and associated with theories, and opinions of legal experts. The development of a democratic nations of law can be seen from the aspect of law enforcement in particular with environmental administration. In Indonesia, it can be reviewed through the theory of organic states and the theory of pluralist states. Based on the theory of an organic state and looking at the aspects of environmental administration law enforcement in Indonesia, the state has regulated the enforcement of environmental administrative sanctions whereby the state can regulate every activity and/or business in the environmental issues. Therefore, the pluralist state theory recognized a variety of diverse interests  in society that the state has accommodated all citizens rights to a good and healthy environment through pro-environment government policies.

scholarly journals Protection of Vulnerable Communities: A Case of Coal-Ash Disaster in Puerto Rico

2020 ◽  
pp. 379
Author(s):  
Sarah Dávila-Ruhaak
Keyword(s):  
Human Rights ◽  
Puerto Rico ◽  
Environmental Justice ◽  
Coal Ash ◽  
Environmental Harm ◽  
Human Right ◽  
Healthy Environment ◽  
Vulnerable Communities ◽  
Access To Health ◽  
The Right

The connection between the environment and human rights is not a surprising one. The enjoyment of human rights depends on a person’s ability to live free from interference and to have his or her rights protected. The interdependence of human rights and the protection of the environment is manifested in the full and effective enjoyment of the right to a healthy environment. This article argues that in order to protect vulnerable persons and communities facing environmental harm, a human rights framework—specifically the right to a healthy environment—must be applied. A human rights approach complements environmental justice work, recognizing that individuals and communities affected by environmental harm are rights-holders entitled to protection. Such communities are left out of important decisions about their environment and the effect of environmental harm in their lives. Individuals most vulnerable to environmental harm are often members of poor, rural, and disenfranchised communities. The destruction of the environment disproportionately affects these communities, preventing them from accessing basic natural resources, clean water and sanitation, adequate housing, food security, and access to health and medical assistance. Additionally, intersecting forms of discrimination exacerbate exclusion and marginalization. A human rights approach to environmental justice emphasizes the need to protect affected communities and holds the State responsible for recognizing their vulnerability and providing heightened protection. This article seeks to show that while the human right to a healthy environment has not been widely recognized, a robust juridical framework enables environmental justice advocates and affected communities to vindicate the rights of vulnerable communities. The case study of coal-ash contamination in Puerto Rico and the harms suffered by affected communities there anchors the argument for why advocates should use a human rights framework to protect the rights of the most vulnerable. The case of Puerto Rico is illustrative of so many poor, disenfranchised, and vulnerable communities around the world, affected by environmental harm and in need of a human rights-based framework.

scholarly journals Assessing the Integration of Environmental Justice and Sustainability in Practice: A Review of the Literature

2021 ◽  
Vol 13 (20) ◽  
pp. 11238
Author(s):  
Susan Spierre Clark ◽  
Monica Lynn Miles
Keyword(s):  
Environmental Justice ◽  
Economic Status ◽  
The United States ◽  
People Of Color ◽  
Practical Applications ◽  
Healthy Environment ◽  
The Us ◽  
Key Factor ◽  
Just Sustainability ◽  
Sustainability Movement

The environmental justice (EJ) movement has been a key factor in the United States’ struggle to provide a healthy environment for all to thrive. The origins of the movement date as far back as the 1960’s, led primarily by people of color and low economic status communities living in America’s most polluted environments. More recently, the just sustainability movement calls for the inclusion of EJ considerations, including social justice, equity, and human rights, into sustainability science and initiatives. Whereas previous work has elucidated synergies between both concepts, this paper provides a literature review of studies that apply the concepts of EJ and sustainability in the US to inform ways in which the concepts are merging (or not) for practical applications. The primary objectives of this review are (1) to identify the common themes in which EJ and sustainability are applied, (2) to qualitatively assess the progression of the integration of these important movements in practical applications, and (3) to inform research gaps that exist in this area. In general, we find that despite the increasing conceptual emphasis on the need to integrate these important concepts, the reviewed scholarship reveals that in practice, the integration of EJ and sustainability remains piecemeal.

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