Jurisdiction and Applicable Law in the Settlement of Marine Environmental Disputes under UNCLOS

Part XII of the United Nations Convention on the Law of the Sea (UNCLOS) on the protection and preservation of the marine environment contains provisions that are worded in a general manner. As “the problems of ocean space are closely interrelated and need to be considered as a whole”, these provisions need to be interpreted in harmony with the wider corpus of international law. However, when marine environmental disputes are brought before the UNCLOS dispute settlement bodies, their jurisdiction is limited to disputes arising under UNCLOS. The tribunals, therefore, have to navigate between deciding disputes in a hollistic manner and remaining within their jurisdictional limits. This article discusses the techniques used by UNCLOS tribunals to resort to other sources of international law when settling marine environmental disputes. It will then assess whether, in doing so, the tribunals have remained within their jurisdictional parameters and the wider implications of this practice.

An Application of the Principles of Environmental Law in Resolution of Environmental Disputes

This article examines principles of environmental law been applied by courts in their dispute resolution activities. The aim of the study is to systematize the applied in certain categories of cases principles. The tasks set by the author are to identify the correctness of the application, the correspondence of the meaning of the principle to which the court refers and the need set before the court – the dispute under consideration. Methods used in the article are method of analysis and synthesis that suits the goal. Environmental requirements and their corresponding principles are universal. The considered principles of environmental and land law are important in resolving legal disputes, playing the role of pillars of law, they are referenced in almost every court decision. Whether their indication in decisions is limited judicial lawmaking or elimination of a conflict, as well as the use of an analogy of law or law in the absence of an appropriate rule of law, is to be clarified in this study based on the analysis of judicial practice. Currently, there are a number of problems related to the application of the principles of environmental law, for example, the need to expand the list of principles of environmental law enshrined in legal norms with insufficient legislative support for the implementation. The environmental doctrine is developing actively nowadays; it provides a high probability of improving legal regulation in the field of environmental legal relations and the principles of environmental law in the future. Keywords: principles of environmental law, judicial practice in environmental disputes, application of the principles of environmental law by the courts, inconsistency of judicial practice with the essence of the principle

5. Non-State Actors: Environmental Rights, Liability, and Crimes

This chapter turns to some of the environmental rights and obligations which attach to individuals, corporations, and NGOs in international law. The chapter considers some alternative approaches to the implementation and enforcement of international environmental law. Relying less on interstate claims, or on mechanisms of international supervision, the development of human-rights approaches to environmental protection and the economic logic of the polluter-pays principle have made claims by individuals an increasingly attractive means of dealing with domestic or transboundary environmental problems. But the diversity of the issues needs emphasis in this context also. National remedies are not necessarily alternatives to the systems considered in the last chapter, but are more often complementary to it, and only in certain respects more useful. The variety of approaches now available for the resolution of international environmental disputes does indicate the increasing sophistication of the international legal system, the chapter argues.

1. International Law and the Environment

This chapter provides an overview of the purpose of this book. It starts by saying what the book does not expect to do. The text does not intend to answer the question whether the law we have now serves the needs of environmental justice or fairness among nations, generations, or peoples. It does, however, attempt to show, inter alia, how international law has developed a framework for cooperation on environmental matters between developed and developing states; for the adoption of measures aimed at control of pollution and conservation and sustainable use of natural resources; for the resolution of international environmental disputes; for the promotion of greater transparency and public participation in environmental decision-making; and for the adoption and harmonization of national environmental law.

IbM Kelompok Masyarakat Pesisir Terhadap Perlindungan dan Pengelolaan Lingkungan Hidup di Desa Pria Laot Kota Sabang

The purpose of this service is to provide solutions by implementing Science through the Science and Technology program for the community at the STIES Research and Community Service Center to carry out advocacy and legal consultation to the community in Batee Shok Juroeng Pria Laot Village, Sukakarya District, Sabang City in order to minimize conflict and grant authority. local communities in the protection and management of the environment, especially the management of resources in coastal areas. The method used in IbM activities with a social approach, implementing Legal Counseling and Program Strategies for Coastal Mangrove Forest Management Community Groups, activities carried out by Focus Group Discussion (FGD), and implementation involving students as part of learning in the ways and processes of resolving environmental disputes related to with a Subject in Environmental Law and Management Economics. The conclusions of the service activities are; 1) The establishment of environmental law awareness for coastal communities to maintain and protect coastal resources in residential areas, 2) Form and reorganize the Coastal Management Community Group, and 3) Open access for people outside Batee Shok Village to utilize supporting facilities and infrastructure. Sabang City National Park Tourism.

Human Health Risk Assessment of Ambient Air In A Dispute Over Petrochemical Emissions

Combined air emissions from multiple petrochemical facilities operating in the area known as Chemical Valley in Sarnia, Ontario, Canada, have led to escalating concerns over health effects to nearby residents. By conducting a quantitative health risk assessment of ambient air data collected from 2008-2014, this thesis investigated whether current emissions are resulting in increased health risk for the population living near Chemical Valley. The results of this analysis are that health risks are slightly higher than levels considered acceptable for large populations, but are within levels often accepted for smaller groups based on the traditional risk assessment - risk management paradigm. Interpreting these results in the context of the literature about the science-policy interface, and environmental dispute resolution, this thesis highlights several problems with using the traditional risk assessment - risk management paradigm as the basis for decision-making in environmental disputes— particularly when the affected population is Indigenous.

Human Health Risk Assessment of Ambient Air In A Dispute Over Petrochemical Emissions

Combined air emissions from multiple petrochemical facilities operating in the area known as Chemical Valley in Sarnia, Ontario, Canada, have led to escalating concerns over health effects to nearby residents. By conducting a quantitative health risk assessment of ambient air data collected from 2008-2014, this thesis investigated whether current emissions are resulting in increased health risk for the population living near Chemical Valley. The results of this analysis are that health risks are slightly higher than levels considered acceptable for large populations, but are within levels often accepted for smaller groups based on the traditional risk assessment - risk management paradigm. Interpreting these results in the context of the literature about the science-policy interface, and environmental dispute resolution, this thesis highlights several problems with using the traditional risk assessment - risk management paradigm as the basis for decision-making in environmental disputes— particularly when the affected population is Indigenous.

Strict Liability in Environmental Dispute Responsibility Before and After the Enabling of Omnibus Law

With the limitation of the principle of fault-based liability, which is not effective in the implementation of the responsibility for activities with high risk, Law No. 23 of 1997 concerning Environmental Management and Law no. 32 of 2009 concerning Environmental Protection and Management which adheres to the principle of absolute responsibility or strict liability. The regulation regarding the principle of strict liability is clarified in Article 88 of Law no. 32 of 2009 (UU PLH). However, with the passing of the Omnibus Law, which changed Article 88 of Law no. 32 of 2009 becomes article 88 of the Omnibus Law, which eliminates the principle of strict liability. This writing uses a normative approach, a statutory approach. The data analysis used is a qualitative analysis. The elimination of strict liability in resolving environmental disputes is considered a shift, which in the provisions of Article 88 of the Job Creation Law seems to provide an opportunity for corporations to pollute the environment without firm accountability. The government seems to protect the sustainability of a corporation more than the interests of the community. The type of research used in this study is using normative legal research methods using a statutory approach and literature study.

The Development of International Environmental Law at the Present Stage: The Review of Activities, International Treaties and Case Law

The international community is experiencing the beginning of a new era in the development of international environmental law, where the rights to healthy environment are protected not only by international intergovernmental and non-governmental organizations, States, but also by young activists around the world. Since 2020, States have committed themselves to implementing nationally determined contributions made in accordance with the 2015 Paris Agreement. (The Russian Federation is one of the Parties to this Agreement). The Fifth Montevideo Programme for the Development and Periodic Review of Environmental Law implemented under the auspices of UNEP was also launched in 2020. Thus, the UN is trying to intensify the process of improving and implementing international rules of law of international environmental law into the national legislation of Member States. The review of international and national practices on environmental disputes indicates a trend towards an increase in this type of disputes, which in turn shows an increase in the level of legal culture and legal consciousness of citizens. These are people who are not indifferent to their future and the future of the next generations, to a healthy environment and to a prosperous life on the Earth. It is important to understand that, in accordance with the principles of international environmental law, such as “the environment is the common concern of mankind” and “the relationship between the protection of the environment and peace , development, human rights and fundamental freedoms”, the responsibility for pollution (in broader understanding) is borne by each of us: citizens, companies, States, international organizations, and everyone should be interested in achieving the goal of protecting it.

Perlindungan Hukum Terhadap Masyarakat yang Terpapar Limbah B3

This research examines the legal protection of people who are victims of the B3 madical waste. This research is a qualitative research with literature study. The main sources in this research are written sources in the form of books, research results, and laws which related to the issue. The results showed that the law provides protection to people who are exposed to the B3 madical waste, both criminal and civil law. When a dispute happening between the community and the company, the solution can be done in two ways, litigation and non-litigation. Settlement of environmental disputes through channels outside the court according to Article 85 paragraph (3) can only be done by using the services of a mediator and / or arbitrator to help resolve the dispute. Active community participation can be carried out by referring to Article 86 of the PPLH Law by establishing a free and impartial environmental dispute resolution institution facilitated by the government and local governments.