scholarly journals Polluter Pays Principle Terkait Pertanggungjawaban Corporate PTTEP Australasia Terhadap Pencemaran Minyak Di Laut Timur Indonesia

2021 ◽  
Vol 2 (2) ◽  
pp. 189-209
Author(s):  
Annisah Dian Utami Panjaitan ◽  
Novianti Novianti ◽  
Mochammad Farisi
Keyword(s):  
Environmental Pollution ◽  
Environmental Law ◽  
Civil Liability ◽  
Class Action ◽  
The State ◽  
State Responsibility ◽  
International Environmental Law ◽  
Advantages And Disadvantages ◽  
Liability Law ◽  
Polluter Pays Principle

This research is aimed to analyze and determine the 16th provision principle of the declaration on environment and development, namely the polluter pays principle, as one of the state’s form of accountability towards the polluting across borders between PTTEP Australia and Indonesia. This is a juridical research, which analyzes the issue discussed through the use of many realted sources. The Polluter Pyas Principle, as a form of State responsibility in environmental pollution, has some advantages and disadvantages when applied as a recommendation by the OECD (Organization for Economic Cooperation and Development). From a legal perspective, this principle can be applied as a civil liability law, whereas from an economic perspective, it can be viewed as effort to control pollution by means which the polluter has an obligation to pay for the environmental pollution that he/she caused. Even so this principle also has its weakness, in an economic approach this principle is difficult to determine the determination of the cost of loss. In some countries themselves have applied this principle in handling cases of environmental pollution. In the case of cross-border environmental pollution, the principle of good neighborliness and the principle of state responsibility in dealing with pollution cases as a sign of State’s goodwill to comply with existing international law. The case of environmental pollution itself is not only the State that can sue, but a group of people or the community can also sue, if they feel harmed by the pollution that occurs. One of them is by carrying out Class Action in holding accountable for the consequences of pollution that has occurred, and is detrimental to a group or large number of people. Even though international environmental law is a soft law, it can become hard law depending on the pollution case that occurs. Even so, International Environmental Law contained in the Stockholm Declaration, Rio de Jeneiro, Civil Liability Convention and other related international arrangements have been very good in their regulatory fields. Only the state which ratifies the convention applies according to the pollution case that occurs.

20. The Protection of the Environment

2020 ◽  
pp. 454-489
Author(s):  
Paola Gaeta ◽  
Jorge E. Viñuales ◽  
Salvatore Zappalà
Keyword(s):  
Climate Change ◽  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Law ◽  
Civil Liability ◽  
Environmental Harm ◽  
State Responsibility ◽  
International Environmental Law ◽  
Customary International Law ◽  
Law Making

This chapter focuses on international environmental law. First, it covers certain old precedents and then examines the emergence and consolidation of environmental principles between 1972 and 2020, with particular attention to the emergence of customary international law norms (prevention, co-operation, environmental impact assessment) in this area. Secondly, it surveys the substance of international environmental law, focusing on climate change as a prominent illustration of law-making in this field, and examining compliance procedures, as developed since the end of the 1980s. Thirdly, it discusses the operation of State responsibility and civil liability mechanisms for environmental harm.

Part II Analytical Approaches, Ch.10 Economics

2021 ◽  
Author(s):  
Faure Michael
Keyword(s):  
Environmental Pollution ◽  
Public Good ◽  
Environmental Quality ◽  
Market Failure ◽  
Environmental Law ◽  
Coase Theorem ◽  
Economic Perspective ◽  
International Environmental Law ◽  
Global Environmental ◽  
Environmental Good

This chapter explains that the starting point for the economic approach to both domestic as well as international environmental law is that environmental problems (including but not limited to environmental pollution) constitute a market failure. From this economic perspective transboundary environmental pollution emerges. Moreover, global environmental quality is, from an economic perspective, a so-called public good of which all states will benefit. But since no state can exclude others from benefitting from this global environmental good, there is a danger of ‘free-riding’ as a result of which this global public good (environmental quality) may be insufficiently produced. These starting points provide a basis for the emergence of international environmental law, more particularly treaty law. However, a classic paradigm in what has become known as the law and economics literature is the Coase Theorem. The chapter then addresses the likelihood of Coasean solutions to emerge as a remedy to transboundary environmental pollution. It also looks at reasons for states to conclude treaties.

scholarly journals Penegakan Hukum Lingkungan Berbasis Asas Tanggung Jawab Negara Di Indonesia

2021 ◽  
Vol 16 (1) ◽  
pp. 112-129
Author(s):  
Muhammad Syaiful Anwar ◽  
Rafiqa Sari
Keyword(s):  
Law Enforcement ◽  
Government Regulation ◽  
Environmental Law ◽  
Well Being ◽  
The State ◽  
Deterrent Effect ◽  
State Responsibility ◽  
Environmental Damage ◽  
The Republic ◽  
Settlement Of Dispute

 Environmental law enforcement put forward settlement of dispute through administration law as well as civil and criminal law. Based on the principle of state responsibility, the state will guarantee that the utilization of natural resources will provide benefits for the greater well-being and quality of life, both present and future generations as a goal of the implementation of sustainable development.The formulation of the problem a point issue is environmental management in Indonesia by the state in accordance with the principle of state responsibility? And, how is the implementation of sanctions as environmental law enforcement based on Government Regulation of the Republic of Indonesia Number 22 of 2021 concerning the Implementation of Environmental Protection and Management? The method used in this research is juridical normative with regulation approach. The results of the study conclude that Indonesia has not been maximized in carrying out the function of the principle of state responsibility because there is still a lot of forest destruction that has occurred, and law enforcement, both administrative, civil and criminal, should be carried out in a balanced manner so that the deterrent effect of law enforcement can be a reflection for the parties who will do environmental damage

Part VI Actors, Ch.35 The State

2021 ◽  
Author(s):  
Marauhn Thilo
Keyword(s):  
Environmental Governance ◽  
Environmental Law ◽  
The State ◽  
International Environmental Law ◽  
Role Of The State ◽  
Starting Point ◽  
International Legal System ◽  
Changing Role ◽  
Freedom Of Action

This chapter assesses the role of the state in international environmental law. The starting point is the Westphalian notion of states' unimpaired freedom of action, increasingly revealed as a ‘myth’. The chapter then considers ideas of contemporary statehood—an element of a global system of environmental governance. Contemporary statehood and its relevance for international environmental law can best be illuminated by focusing on the roles assumed by states as authors, addressees, and guardians of international law. Finally, the chapter discusses the changing role of states in light of ongoing transformations in the international legal system, including the growing plurality of actors, norms, and institutions, as well as the growth of inter-linked networks of states and other actors.

scholarly journals Clearing the Air: An Examination of International Law on the Protection of the Ozone Layer

1969 ◽  
pp. 818
Author(s):  
Timothy C. Faries
Keyword(s):  
Air Pollution ◽  
International Law ◽  
Ozone Depletion ◽  
Environmental Law ◽  
Ozone Layer ◽  
Montreal Protocol ◽  
State Responsibility ◽  
Ozone Layer Depletion ◽  
International Environmental Law ◽  
History Of

The author, after examining the existing international law on ozone layer protection, explains the current scientific knowledge about the causes and effects of ozone layer depletion. The author then embarks on a discussion of the sources of international environmental law on ozone depletion, and draws analogies to the broader area of international law dealing with state responsibility for transnational air pollution emanating from within its territory. Mr. Fades then proceeds to provide a brief history of the events leading up to the signing of the Montreal Protocol, followed by an analysis of the subtleties of the Protocol, and suggestions for reform.

The Telders International Law Moot Court Case 2009: The Mare Liberum Case (Rosmarus v. Urusus)

2009 ◽  
Vol 22 (2) ◽  
pp. 384-388
Keyword(s):  
International Law ◽  
Environmental Law ◽  
The State ◽  
Law Of The Sea ◽  
Court Case ◽  
International Environmental Law ◽  
Public International Law ◽  
The Law ◽  
Oil Rig ◽  
Offshore Oil

This case concerns a claim for damages by the State of Rosmarus following an accidental explosion and leak at an offshore oil rig operated by the State of Urusus and the seizure of an Urusus-flagged fishing vessel by the State of Rosmarus. It involves issues of public international law, including the law of the sea, the law of treaties, and international environmental law.

4. State Responsibility, Treaty Compliance, and Dispute Settlement

2021 ◽  
pp. 220-281
Author(s):  
Alan Boyle ◽  
Catherine Redgwell
Keyword(s):  
Dispute Settlement ◽  
Traditional Approach ◽  
Environmental Law ◽  
State Responsibility ◽  
International Environmental Law ◽  
Legal Proceedings ◽  
Applicable Law ◽  
Treaty Compliance ◽  
International Obligations ◽  
Technical Character

This chapter looks at the number of ways that secure compliance with international environmental law can be employed. The more traditional approach to this subject is the familiar one of interstate claims for breach of international obligations, employing the variety of forms of dispute settlement machinery contemplated in Article 33 of the UN Charter. There are a number of disadvantages to enforcing international environmental law in this manner, particularly if it involves compulsory resort to judicial institutions. The chapter outlines these disadvantages which include the adverse effect on relations between the relevant states; the complexity, length, and expense of international litigation; the technical character of environmental problems, and the difficulties of proof which legal proceedings may entail, and uncertainty concerning jurisdiction and applicable law in legally complex disputes.

If you Break it, do you own it?

2015 ◽  
Vol 6 (2) ◽  
pp. 201-246 ◽  
Author(s):  
Dinah Shelton ◽  
Isabelle Cutting
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Environmental Law ◽  
Environmental Harm ◽  
State Responsibility ◽  
Human Rights Law ◽  
International Environmental Law ◽  
Legal Obligations ◽  
Law Of Armed Conflict ◽  
The Law

This article examines the extent to which international legal obligations aimed at protecting the environment apply to military activities in peacetime and during armed conflict. The discussion draws on international environmental law, human rights law, the law of armed conflict, and the law of State responsibility in evaluating the extent to which States have a duty to prevent or mitigate environmental harm and remediate or compensate for any such damage caused by their military activities. The article also examines international law on liability for the injurious consequences of lawful activities, to assess whether this equitable doctrine supports shifting the clean-up costs of environmental harm to the acting State even when there is no breach of international law. The article concludes that international law requires measures be taken to prevent environmental harm and could support a claim for remediation or compensation where norms of international law have been breached. It also suggests the need to develop specific rules in peace treaties and status of forces or bases agreements, to address the consequences of environmental harm resulting from military activities.

Sign in / Sign up

Export Citation Format

Share Document