scholarly journals GREEN CONSTITUTION INDONESIA (DISKURSUS PARADIGMATIK PEMBANGUNAN BERKELANJUTAN)

2014 ◽  
Vol 3 (2) ◽  
pp. 127
Author(s):  
Lucas Prabowo
Keyword(s):  
Environmental Protection ◽  
Environmental Law ◽  
Future Generations ◽  
Environmental Damage ◽  
Severe Damage ◽  
International Environmental Law ◽  
Hard Law ◽  
The Right ◽  
International Conventions ◽  
Good Environment

Efforts to meet the economic needs of humans has resulted in severe damage to the ecosystem. Being aware that there is damage to natural resources and ecosystem are getting worse, various efforts underway to hold international conventions in the field of environmental protection has resulted in agreements, both of which are binding (hard law) and non-binding (soft law). Participating countries adopted the convention rules agrred up on into their legaislation, and even to strengthen the protection and enforcement of laws relating to environmental protection and the right to a good environment for the present dan future generations, environmental norms are then contained in the constitution including the Indonesian constitution, namely the post-UUD 1945 amandement. Keywords: environmental damage, international environmental law damage, intergerational equity, sustainable development, and constitution.

scholarly journals PENGARUH GLOBAL TERHADAP HUKUM LINGKUNGAN DI INDONESIA

Solusi ◽  
2019 ◽  
Vol 17 (3) ◽  
pp. 258-268
Author(s):  
Susi Yanuarsi
Keyword(s):  
Environmental Protection ◽  
Environmental Problem ◽  
Environmental Law ◽  
Government Policies ◽  
Management Policy ◽  
Environmental Damage ◽  
International Environmental Law ◽  
Global Environmental ◽  
Environmental Development ◽  
International Conventions

The global environmental problem is a reflection of the international community on the occurrence of environmental damage and pollution that has engulfed the world due to development. Problems can be formulated on how the global impact of international environmental law conventions on environmental law in Indonesia. International conferences in the global environmental field will certainly have an effect on Indonesian legal politics in the environmental field. Government policies ratified various international conventions related to environmental protection. The environmental protection and management policy provides the concept of sustainable environmental development. Existing environmental legal instruments should be consistently enforced especially in the enforcement of environmental law. The importance of awareness of all components of the nation to develop the Indonesian state by relying on sustainable environmental development.

In Name or Nature? Implementing International Environmental Procedural Rights in the Post-Aarhus Environment: A Finnish Example

2007 ◽  
Vol 9 (3) ◽  
pp. 190-200 ◽  
Author(s):  
Stephen Davies
Keyword(s):  
Environmental Protection ◽  
Environmental Law ◽  
Access To Justice ◽  
Political Rights ◽  
The Public ◽  
Hard Law ◽  
The Right ◽  
Procedural Rights ◽  
Right Of Access ◽  
National Environmental

Rights-based approaches to environmental protection are on the increase as the public become more aware of both the environment around them and of their other civil and political rights. Whilst methods for combining environmental protection and rights-based regulation still allude to a large conflict of anthropocentric versus ecocentric interests, one approach increasingly stands out as a potential effective solution: ‘procedural rights’. More commonly, this concerns rights to be heard, rights to information, to participation and the right of access to justice. Such perspectives are increasingly finding purchase within international environmental agendas, indeed, several national jurisdictions have progressed from mere principles into more formal ‘hard law’. In order to follow this progression and to assess the influence of international procedural rights in national jurisdictions, this article looks in particular at the environmental law of Finland as an example, and seeks to illustrate the formation of one facet of internationally accepted procedural rights: that of public participation, within national environmental regulation.

scholarly journals Legal Aspects of Environment in Indonesia: an Efforts to Prevent Environmental Damage and Pollution

2021 ◽  
Vol 1 (1) ◽  
Author(s):  
Arifin Maruf
Keyword(s):  
Law Enforcement ◽  
Community Development ◽  
Environmental Protection ◽  
Criminal Law ◽  
Environmental Law ◽  
Legal Aspects ◽  
Environmental Damage ◽  
Welfare Benefits ◽  
Environmental Balance ◽  
Good Environment

Pollution and destruction of the environment are some of the severe threats to the conservation of the environment in Indonesia. The disturbed environmental balance needs to be restored as the giver of life and welfare benefits society by improving environmental protection, community development, and optimization of environmental law enforcement. It aims to maintain the existence of nature and aimed at solving environmental problems in Indonesia, primarily the caused by human activity. this case could be through civil, administrative, or criminal law so that it can cope with and take action against perpetrators of pollution, and the destruction of the environment and create a good environment, healthy, beautiful and comfortable for all people. Keywords: Environmental Law; Environmental Damage; Indonesia.

Part IX International Environmental Law in National/Regional Courts, Ch.67 South America

2021 ◽  
Author(s):  
Tigre Maria Antonia
Keyword(s):  
South America ◽  
International Law ◽  
Environmental Protection ◽  
Environmental Law ◽  
National Level ◽  
Environmental Damage ◽  
International Environmental Law ◽  
Multilateral Environmental Agreements ◽  
National Courts ◽  
Limited Scale

This chapter explores international environmental law in the courts of South America. Courts in South America have applied international environmental law on a limited scale. Multilateral environmental agreements (MEAs) are usually cited in higher courts to reinforce environmental principles or general norms already been incorporated in national law. Whenever applicable, national law is preferred, reducing reliance on international law. Treaties are more likely to be used as an additional argument to advance theories with lower acceptance at the national level. For example, MEAs are often cited when decisions apply the precautionary principle and favour environmental protection in the absence of scientific certainty about environmental damage. More recently, international law has also been cited in pushing forward innovative theories without national legal support, such as the rights of nature. The recent decisions in Colombia have shifted the paradigm, as these directly use international law to justify environmental protection on a broader level. In light of the growth of climate cases filed in national courts, it is likely that international law is directly applied in other national courts as well, as has happened in Colombia.

scholarly journals International law protecting the environment during armed conflict: gaps and opportunities

2010 ◽  
Vol 92 (879) ◽  
pp. 569-592 ◽  
Author(s):  
Michael Bothe ◽  
Carl Bruch ◽  
Jordan Diamond ◽  
David Jensen
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Environmental Law ◽  
International Humanitarian Law ◽  
Environmental Damage ◽  
Humanitarian Law ◽  
International Environmental Law ◽  
Basic Principles ◽  
Principle Of Proportionality ◽  
Definition Of

AbstractThere are three key deficiencies in the existing body of international humanitarian law (IHL) relating to protection of the environment during armed conflict. First, the definition of impermissible environmental damage is both too restrictive and unclear; second, there are legal uncertainties regarding the protection of elements of the environment as civilian objects; and third, the application of the principle of proportionality where harm to the environment constitutes ‘collateral damage’ is also problematic. These gaps present specific opportunities for clarifying and developing the existing framework. One approach to addressing some of the inadequacies of IHL could be application of international environmental law during armed conflict. The detailed norms, standards, approaches, and mechanisms found in international environmental law might also help to clarify and extend basic principles of IHL to prevent, address, or assess liability for environmental damage incurred during armed conflict.

scholarly journals Penerapan Asas In Dubio Pro Natura dan In Dubio Pro Reo oleh Hakim Perkara Lingkungan Hidup

2018 ◽  
Vol 20 (3) ◽  
pp. 547-560
Author(s):  
Wahyu Risaldi ◽  
Mujibussalim Mujibussalim ◽  
M. Gaussyah
Keyword(s):  
Environmental Protection ◽  
Environmental Law ◽  
Environmental Damage ◽  
Criminal Cases ◽  
Environmental Crimes ◽  
Case Decisions

Penelitian ini ingin mengetahui kesesuaian penerapan asas asas in dubio pro natura dalam putusan perkara lingkungan hidup, dan kemungkinan penerapan asas in dubio pro natura perkara pidana lingkungan hidup. Penerapan asas ini penting karena kerusakan lingkungan hidup akan mengancam umat manusia, sehingga penegakan hukum lingkungan harus dilakukan penegak hukum. Melalui Undang-Undang Perlindungan dan Pengelolaan Lingkungan Hidup, dikenal sistem penegakan melalui suatu asas yang diterapkan oleh hakim, yakni asas in dubio pro natura dan asas in dubio pro reo. Dengan menggunakan metode penelitian normatif, ditemukan bahwa penerapan asas in dubio pro natura dan in dubio pro reo sesuai dengan tujuan Undang-Undang Perlindungan dan Pengelolaan Lingkungan Hidup. Di samping itu, asas in dubio pro natura bisa juga diterapkan dalam perkara pidana. Penerapan asas ini efektif dalam penyelesaikan perkara lingkungan hidup. Implementation of the In Dubio Pro Natura and In Dubio Pro Reo Principles by the Environmental Judges This study aims to find out the suitability application of in dubio pro natura principles in environmental case decisions, and also the possibility of applying it’s principle in environmental crimes. The implementation of this principle is important because environmental damage will threaten humanity, so the enforcement of environmental law must be carried out by law enforcers. Through Environmental Protection and Management Law, it is known as a system of enforcement through principles applied by judges, that are the in dubio pro natura and the in dubio pro reo principles. This is normative research, it was found that the implementation of the in dubio pro natura and in dubio pro reo principles was in accordance with the objectives of the Environmental Protection and Management Law. In addition, the in dubio pro natura principle can also be applied in criminal cases. The implementation of this principle is effective in resolving environmental cases.

10. International environmental law

2021 ◽  
pp. 186-208
Author(s):  
Anders Henriksen
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Environmental Law ◽  
Common Interest ◽  
Hazardous Substances ◽  
Legal Regime ◽  
International Environmental Law ◽  
Balanced Approach ◽  
Rules And Principles

International environmental law is an area of international law where states have decided to cooperate with each other in order to fulfil certain goals of common interest and, for the most part, its rules and principles belong in the category of the international law of cooperation. This chapter discusses the most important parts of international environmental law and its main legal sources. It presents the fundamental principles of international environmental law, including those that seek to prevent damage to the environment and those that seek to ensure a balanced approach to environmental protection. It provides an overview of the most important parts of the substantial regulation in international environmental law, including the legal regime for the protection of the atmosphere, the conservation of nature and the regulation of hazardous substances. It also discusses features related to implementation and enforcement that are particular to international environmental law.

10. International environmental law

2017 ◽  
Author(s):  
Anders Henriksen
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Environmental Law ◽  
Common Interest ◽  
Hazardous Substances ◽  
Legal Regime ◽  
International Environmental Law ◽  
Balanced Approach ◽  
Rules And Principles

International environmental law is an area of international law where states have decided to cooperate with each other in order to fulfil certain goals of common interest and, for the most part, its rules and principles belong in the category of the international law of cooperation. This chapter discusses the most important parts of international environmental law and its main legal sources. It presents the fundamental principles of international environmental law, including those that seek to prevent damage to the environment and those that seek to ensure a balanced approach to environmental protection. It provides an overview of the most important parts of the substantial regulation in international environmental law, including the legal regime for the protection of the atmosphere, the conservation of nature, and the regulation of hazardous substances. It also discusses features related to implementation and enforcement that are particular to international environmental law.

12. International Environmental Law

2019 ◽  
pp. 375-417 ◽  
Author(s):  
Elizabeth Fisher ◽  
Bettina Lange ◽  
Eloise Scotford
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Environmental Law ◽  
Vital Role ◽  
Eu Law ◽  
International Environmental Law ◽  
Public International Law ◽  
Legal Nature ◽  
Institutional Landscape ◽  
National Environmental

While not the focus of this textbook, understanding the role and nature of international environmental law is important in understanding UK environmental law. This is because, international law has played a vital role in creating frameworks for environmental protection and for catalysing developments in national environmental law. This chapter provides an overview of international environmental law. It begins with a brief examination of the concept of international environmental law, the different ways it can be defined, its history, and the emergence of hybrids of it. In the second section a number of key ideas in public international law that are relevant to international environmental law are explored including the sources of international law, state sovreignity, fragmentation, and international law theory. The analysis then moves on to the institutional landscape of international environmental law, its legal nature and finally the nuanced relationship between international environmental law and national and EU law.

Compliance Procedures

2008 ◽  
Author(s):  
Jan Klabbers
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Environmental Law ◽  
International Agreements ◽  
Ozone Layer ◽  
Montreal Protocol ◽  
International Environmental Law ◽  
Environmental Agreement ◽  
Set Up ◽  
Number Of Parties

The Montreal Protocol on Substances That Deplete the Ozone Layer was among the first international agreements in which a specific non-compliance procedure was envisaged, and it is generally held to be the most developed example to date. Non-compliance procedures have become rather prevalent in international environmental law. Allowing for variations across regimes, most mechanisms have at least one compliance committee, usually composed of representatives of a limited number of parties (eight to fifteen) to the underlying multilateral environmental agreement and reporting back to the plenary body set up by that agreement (often dubbed the conference of the parties or meeting of the parties). Compliance (or non-compliance) procedures are usually said to exist, and be necessary, in international environmental protection because the environment cannot, for a number of reasons, be entrusted to the workings of traditional international law.

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