JUSTICE ECOLOGY AND SOCIAL JUSTICE AS A BASIS OF PROTECTION AND PRESERVATION OF THE SEA ENVIRONMENT IN INDONESIA'S LEGAL SYSTEM

2019 ◽  
Vol 1 (1) ◽  
pp. 1-11
Author(s):  
Elly Kristiani Purwendah

Correlation of principles in the legal system through the concept of justice (ecological and social justice) is expected to protect the interests of the marine environment. Theory as a basic means used to express systematic relations in social phenomena and nature that will be examined and also a tool of science (tool of science). Principles are fundamental statements or general or individual truths that are used by a person or group as a guide for thinking or acting. The theory of ecological justice and social justice is used to express systematic relationships and scientific tools to explain the importance of the protection and management of the marine environment for the marine environment and its usefulness for humans. This theory is important to discuss in discussing the principle of appropriateness of international law principles into the national legal system. Justice theory will explain the relationship between state responsibility and obligations towards environmental protection and management through the application of legal principles to the marine environment. The principle of protecting the marine environment is considered as the truth that is the basis of thinking and acting in order to protect and manage the marine environment. The theory of ecological justice and social justice is used as a frame of environmental protection and management as expected to be realized through the responsibility of the state which is obliged to protect the interests of the environment and society. The theory of ecological and social justice places the environment as a natural resource aimed at the welfare of society through state responsibility through the concept of fair and proportion. The construction of justice as a basic idea of law in protecting and utilizing the environment and how the designation of the environment for the welfare of citizens in accessing the marine environment.

TAJDID ◽  
2021 ◽  
Vol 27 (2) ◽  
pp. 115
Author(s):  
Hasan Bisri

This article seeks to elaborate on the relationship between law, power, and justice from the Koran perspective. This study makes the Quranic texts its primary source. The study results show that from the perspective of the Koran, a legal system, including an Islamic legal order, must have the spirit to create justice. The realization of social justice is the spirit that underlies the stipulation of law. State power, through the legislative body, which is the institution that is authorized to stipulate law, is obliged to make the principle of justice one of a country’s legal pillars. State power through its judiciary must make “considerations for the sake of realizing justice” in every decision on a legal case.


2012 ◽  
Vol 524-527 ◽  
pp. 3294-3297
Author(s):  
Cong Li Xiao ◽  
Na Li ◽  
Xin Li

Harmonious development of environmental protection and economy is a realistic choice made in specific national situation for economic development and environmental protection. It has some kind of complexity. However, large and medium-sized cities develop very fast and the problem of environmental pollution becomes more and more obvious. Thus, how to effectively coordinate the paradox between economic development and environmental protection in large and medium-sized cities and achieve the good cyclic double-win between economic development and ecological environment are the main contents of this paper.


2020 ◽  
Vol 22 (3) ◽  
pp. 184-197
Author(s):  
Rosemary Mwanza

Kenya’s legal system is characterised by a plurality of constitutional norms that are relevant for governing the relationship between the environment and the people. Key among these are the principle of sustainable development (SD) and the human right to a clean and healthy environment (HRHE). Both norms were constitutionalised in 2010, a development that represents what scholars have termed environmental constitutionalism and sustainability constitutionalism, respectively. The constitutionalisation of the principle of SD and the HRHE is a welcome development which has the potential to fill some gaps that existed in the old constitutional arrangement. At the same time, this development is set against a backdrop of critical debates that question their effectiveness in regard to environmental protection. This article demonstrates that the two norms have developed in a manner that is responsive to the salient criticism raised against them. Moreover, courts in Kenya have construed them as complementary norms. Specifically, courts in Kenya have applied the HRHE to clarify the meaning and scope of the environmental prong of SD and construed the duty to pursue ecologically SD (a component of SD) as encompassing the obligation to protect ecological processes that support all life.


2021 ◽  
Vol 8 (55) ◽  
pp. 191-200
Author(s):  
Kazimierz Górka ◽  
Agnieszka Thier

Abstract The article presents the gist, the kinds and manifestations of justice, with the discussion of the controversies around social justice. The analysis deals with the relationship between social justice and economic efficiency and effectiveness – especially in the environmental protection – as well as the concepts of international and cross-generational justice. In summary, the authors discussed inequality of income and the structure of welfare benefits as well as the scale of poverty and social exclusion in Poland.


1996 ◽  
Vol 26 (102) ◽  
pp. 17-36
Author(s):  
Frank Biermann

This essay cxplores the political economy of ocean space, i.e. the political process of appropriation and exploitation of the seas by human societies in the 20th century. The analysis focuses on two developments: the progrcssing acquisition of ocean space and marine resourccs by coastal states, and the establishment of a substantial body of legal rules governing the remaining freedom rights of states, in particular in the area of environmental protection and the safety of life at sea. A third important aspect of ocean politics is discussed in the final pmt of the essay: the growing disturbance, pmtly even destruction of marine ecosystems. The pollution of the marine environment has resulted in a paradigmatic shift in the relationship between human societies and the seas which necessitates fundamentally new approaches in the governance of ocean space.


2020 ◽  
Vol 2 (2) ◽  
Author(s):  
Lijuan Zhang ◽  
Zhenan Zhang

With the continuous and rapid development of the country's economy and society, it has greatly promoted the leap of the marine economy and brought more severe challenges and tests to the protection of marine ecological environment. How to effectively measure the criminal law protection of the marine ecological environment and take effective measures Measures to deepen the effects of marine ecological environmental protection have become one of the focus topics of widespread concern in the industry. Based on this, this article first introduces the protection of marine ecological interests in China's criminal law, analyzes the necessity of adjusting the ecological environment in criminal law, and discusses the deficiencies in China's marine legal system and combines relevant practical experience to improve the marine environment. Various angles and aspects, such as laws and regulations related to resource crimes, put forward the basic approach to strengthen the criminal law protection of the marine ecological environment, and hope to help the practice of related work.


2015 ◽  
Vol 3 (2) ◽  
pp. 227-241
Author(s):  
Mirko Pecaric

This paper explores recent notions in public administration, which are intertwined and addressed to the administration of public affairs. On this basis it demonstrates that content of legal system is filled through the static legal principles and rules, but they receive their real content through the informal practices and conditions of the human mind. The paper concludes that discussed notions could have only one name, because they all are the synonyms of reciprocal relation between the human dignity and efficient administration.


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