scholarly journals Harmonisasi Hukum Internasional Pada Prinsip Common But Differentiated Responsibility dalam Hukum Nasional

Kosmik Hukum ◽  
2019 ◽  
Vol 19 (1) ◽  
Author(s):  
Athya Athya

Abstract Efforts to prevent the growing concentration of GHGs that led to climate change began by the United Nations by establishing a regulation on the protection of the world climate system, first, the Convention on Climate Change is created in 1992. Secondly, Kyoto Protocol was established in 1997. Furthermore, at COP-21 resulted in Paris Agreement. These three arrangements make the Common but Differentiated Responsibility Principle as the basis for protecting the world climate system. This research is to review harmonization of international law on the Common but Differentiated Responsibility Principle in national law. This research uses normative law research. This research is a descriptive analysis with the secondary data obtained. All the data will be analysed qualitatively. Indonesia has implemented an international arrangement to address climate change caused by greenhouse gases into national law by ratifying the UNFCCC by Law Number 6 of 1994 about ratification of UNFCCC and the Kyoto Protocol by Act Number 17 of 2004 about ratification of Kyoto Protocol to the UNFCCC. Indonesia harmonized as a form of implementation of protocol kyoto contents through Law Number 32 of 2009 on Environmental Protection and Management. Keywords:   Common but Differentiated Responsibility Principle; Law Harmonization Abstrak Upaya untuk mencegah meningkatnya konsentrasi GRK, pertama, Konvensi Perubahan Iklim dibuat tahun 1992. Kedua, didirikan Protokol Kyoto tahun 1997. Selanjutnya, pada COP-21 menghasilkan Perjanjian Paris. Ketiga pengaturan ini menjadikan Prinsip Tanggung Jawab Bersama dengan Tingkat Berbeda-beda sebagai dasar untuk melindungi sistem iklim dunia. Penelitian ini untuk meninjau harmonisasi hukum internasional tentang Prinsip Tanggung Jawab Bersama dengan Tingkat Berbeda-beda dalam hukum nasional. Penelitian ini menggunakan penelitian hukum normatif. Penelitian ini merupakan analisis deskriptif dengan data sekunder yang diperoleh. Semua data akan dianalisis secara kualitatif. Indonesia telah menerapkan pengaturan internasional untuk mengatasi perubahan iklim yang disebabkan oleh gas rumah kaca ke dalam hukum nasional dengan meratifikasi UNFCCC dengan Undang-Undang Nomor 6 Tahun 1994 tentang Pengesahan UNFCCC dan Protokol Kyoto oleh Undang-undang Nomor 17 Tahun 2004 tentang Pengesahan Protokol Kyoto Atas UNFCCC. Indonesia melakukan harmonisasi sebagai wujud implementasi isi Protokol Kyoto melalui Undang-undang Nomor 32 Tahun 2009 tentang Perlindungan dan Pengelolaan Lingkungan Hidup. Kata kunci:  Harmonisasi Hukum, Prinsip Tanggung Jawab Bersama dengan Tingkat yang Berbeda-Beda

Author(s):  
Athya Athya ◽  
Sukanda Husin ◽  
Delfiyanti Delfiyanti

Harmonization efforts are needed because the applicable laws and regulations must be adapted to the various changes that have occurred in the Indonesian legal system. There are two main issues. The first one is the form of harmonization of the common but differentiated responsibility principles as an international legal norm towards national law for the protection of the world climate system, and the second one is Indonesia's obstacles in implementing the CBDR principle. This study applies normative juridical method using descriptive analysis. The data will be analyzed in a qualitative manner. The results of this study are, firstly, Indonesia carries out harmonization as the implementation of the contents of the Kyoto protocol through Law No. 32 of 2009 concerning Environmental Protection and Management. Secondly, the biggest obstacle in implementing the CBDR principle in Indonesia is corruption, collusion and nepotism.


2019 ◽  
Vol 1 (1) ◽  
pp. 60-71
Author(s):  
Devi Yusvitasari

A country needs to make contact with each other based on the national interests of each country related to each other, including among others economic, social, cultural, legal, political, and so on. With constant and continuous association between the nations of the world, it is one of the conditions for the existence of the international community. One form of cooperation between countries in the world is in the form of international relations by placing diplomatic representation in various countries. These representatives have diplomatic immunity and diplomatic immunity privileges that are in accordance with the jurisdiction of the recipient country and civil and criminal immunity for witnesses. The writing of the article entitled "The Application of the Principle of Non-Grata Persona to the Ambassador Judging from the Perspective of International Law" describes how the law on the abuse of diplomatic immunity, how a country's actions against abuse of diplomatic immunity and how to analyze a case of abuse of diplomatic immunity. To answer the problem used normative juridical methods through the use of secondary data, such as books, laws, and research results related to this research topic. Based on the results of the study explained that cases of violations of diplomatic relations related to the personal immunity of diplomatic officials such as cases such as cases of persecution by the Ambassador of Saudi Arabia to Indonesian Workers in Germany are of serious concern. The existence of diplomatic immunity is considered as protection so that perpetrators are not punished. Actions against the abuse of recipient countries of diplomatic immunity may expel or non-grata persona to diplomatic officials, which is stipulated in the Vienna Convention in 1961, because of the right of immunity attached to each diplomatic representative.


2021 ◽  
Vol 13 (15) ◽  
pp. 8206
Author(s):  
Andrew Spring ◽  
Erin Nelson ◽  
Irena Knezevic ◽  
Patricia Ballamingie ◽  
Alison Blay-Palmer

Since we first conceived of this Special Issue, “Levering Sustainable Food Systems to Address Climate Change—Possible Transformations”, COVID-19 has turned the world upside down [...]


Author(s):  
Shaikh Mohammad Kais

Global aquaculture is one of the key features of present global agro-food systems. Though aquaculture is one of the fastest growing industries in the world, its growth trajectory is confronted with various challenges including climate disruptions. Since both aquaculture and climate change have regional variations, their interconnections are very complex and require systematic investigation. In various regions of the world, especially in the Global South, aquaculture countries are assessing those interconnections and devising resilience-enhancing programs for the development of the sector. Thorough investigations are required for a comprehensive understanding of the complex interconnections between climate vulnerability and resilience of global aquaculture. Drawing on primary and secondary data from the Bangladesh shrimp sector, and using conceptual lenses of global climate change and resilience, this chapter critically examines how the industrial shrimp aquaculture in Bangladesh is affected by climate disruptions and how the shrimp farming communities address these challenges.


Author(s):  
Shaikh Mohammad Kais

Global aquaculture is one of the key features of present global agro-food systems. Though aquaculture is one of the fastest growing industries in the world, its growth trajectory is confronted with various challenges including climate disruptions. Since both aquaculture and climate change have regional variations, their interconnections are very complex and require systematic investigation. In various regions of the world, especially in the Global South, aquaculture countries are assessing those interconnections and devising resilience-enhancing programs for the development of the sector. Thorough investigations are required for a comprehensive understanding of the complex interconnections between climate vulnerability and resilience of global aquaculture. Drawing on primary and secondary data from the Bangladesh shrimp sector, and using conceptual lenses of global climate change and resilience, this chapter critically examines how the industrial shrimp aquaculture in Bangladesh is affected by climate disruptions and how the shrimp farming communities address these challenges.


Author(s):  
Rajamani Lavanya ◽  
Werksman Jacob D

This chapter provides an overview of international regulatory efforts to address climate change. It focuses on the UN climate change regime, which comprises the 1992 UNFCCC (United Nations Framework Convention on Climate Change), the Kyoto Protocol, the Paris Agreement, and decisions of parties under these instruments. However, the universe of climate change law extends well beyond the UN climate change regime. There are rules and principles of general international law, such as the harm prevention principle, due diligence, and state responsibility, which apply to climate change. There are treaty regimes and institutions, including those addressing other areas of international environmental law or other fields of international law, which intersect with, complement, and function to implement the UN climate change regime. There are also a multiplicity of rules, regulations, and institutions at the regional, sub-regional, and national levels that directly or indirectly address climate change, many of which have been put in place in response to the UN treaties.


Author(s):  
Mike Kingsford ◽  
Ove Hoegh-Guldberg

The Great Barrier Reef Marine Park is 344 400 square kilometres in size and is home to one of the most diverse ecosystems in the world. This comprehensive guide describes the organisms and ecosystems of the Great Barrier Reef, as well as the biological, chemical and physical processes that influence them. Contemporary pressing issues such as climate change, coral bleaching, coral disease and the challenges of coral reef fisheries are also discussed. In addition,the book includes a field guide that will help people to identify the common animals and plants on the reef, then to delve into the book to learn more about the roles the biota play. Beautifully illustrated and with contributions from 33 international experts, The Great Barrier Reef is a must-read for the interested reef tourist, student, researcher and environmental manager. While it has an Australian focus, it can equally be used as a baseline text for most Indo-Pacific coral reefs. Winner of a Whitley Certificate of Commendation for 2009.


Author(s):  
Jane McAdam

This chapter examines the scope of existing international law to address ‘climate change-related displacement’, a term used to describe movement where the impacts of climate change affect mobility decisions in some way. It looks into the role of international refugee law, human rights law, and the law on statelessness in protecting people displaced by the impacts of climate change. The extent to which international law and international institutions respond to climate change-related movement and displacement depends upon: whether such movement is perceived as voluntary or forced; the nature of the trigger; whether international borders are crossed; the extent to which there are political incentives to characterize movement as linked to climate change or not; and whether movement is driven or aggravated by human factors, such as discrimination. The chapter also considers the extent to which existing principles on internal displacement provide normative and practical guidance.


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