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.

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.

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.

scholarly journals The Dynamic Evolution of International Environmental Law

2018 ◽  
Vol 49 (4) ◽  
pp. 607
Author(s):  
Karen N Scott
Keyword(s):  
International Law ◽  
21St Century ◽  
International Institutions ◽  
Environmental Law ◽  
Dynamic Evolution ◽  
State Responsibility ◽  
Environmental Agreements ◽  
International Environmental Law ◽  
Multilateral Environmental Agreements ◽  
International Legal System

This article will explore selected innovations within multilateral environmental agreements that have contributed to the dynamic evolution of international environmental law within the context of the traditional rules relating to treaties, international institutions and state responsibility. It will argue that whilst these innovations undoubtedly push and develop the boundaries of these areas of law, they do not represent a significant departure from the traditional principle of consent that underpins international law more generally. But should they? The period of modern international environmental law (from 1972 to date), which from a lawyer's perspective might be described as dynamic and innovative, has simultaneously witnessed significant and persistent environmental change and degradation across the biosphere, atmosphere and hydrosphere. The question for 21st century environmental lawyers is whether international environmental law is fit for the Anthropocene and whether there is sufficient scope for future dynamic evolution within the constraints and structures of the existing international legal system.

scholarly journals State’s Responsibility over Forest and Land Fires Causing Transboundary Haze Pollution in the Frame of ASEAN Agreement

2020 ◽  
Vol 3 (1) ◽  
pp. 65-81
Author(s):  
Fajar Khaify Rizky ◽  
Suhaidi Suhaidi ◽  
Alvi Syahrin ◽  
Jelly Leviza
Keyword(s):  
International Law ◽  
Environmental Law ◽  
Fundamental Principle ◽  
The Other ◽  
State Responsibility ◽  
International Environmental Law ◽  
Asean Member ◽  
Legal Method ◽  
Haze Pollution ◽  
The Impact

This article aims to analyze the state’s responsibility over forest and land fires causing transboundary haze pollution according to the Asean Agreement on Transboundary Haze Pollution. A normative legal method is applied to help answer the problems of transboundary pollution which has been an international concern. The impact of haze pollution resulted from forest and land fires has triggered protests against Indonesian government and urged the sate’s liability as long as the impact of the haze pollution is concerned. Forest and land fires which caused transboundary haze pollution has infilcted losses and damage not only in Indonesia but also in other neighbouring countries, such as Malaysia and Singapore. State responsibility is a fundamental principle in international law applied when a country has violated boundaries, either directly or indirectly, which is harmful to other countries. In international environmental law, tansboudary air pollution caused by forest and land fires is contrary to the principles of international environmental law resulting in a state responsibility responsibility or liability. While responsibility refers to a legally regulated responsibility and the concept of international law, the liability refers to the indemnification of the other party’s loss. As a result of forest and land fires causing transboundary haze pollution, ASEAN member countries have agreed to form an AATHP (ASEAN Agreement on Transboundary Haze Pollution) agreement aiming at preventing and mitigating transboundary haze pollution

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.

International Environmental Law

2018 ◽  
Author(s):  
Pierre-Marie Dupuy ◽  
Jorge E. Viñuales
Keyword(s):  
Environmental Law ◽  
International Environmental Law
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