Abstract
This article is an examination of the implementation of the United Nations Framework Convention on Climate Change (UNFCCC) as a Multilateral Environmental Agreement (MEA) in Indonesia. It identifies domestic challenges of the Convention in Indonesia’s decentralisation. The implementation of decentralisation policy in 2001 worsens the inherent problems faced by the Convention in Indonesia’s legal system. As a MEA, the Convention contains only general rules for the state parties and no specific legal obligation to reduce emission. The Convention also has legitimacy problems. The Indonesia’s method to transform treaties into domestic legal system is still problematic. These two challenges are worsened by the implementation of decentralisation policy. The national government faces difficulties to drive lower government units to adhere to the Convention rules because they have new authorities that can constraint effort to achieve the goal of the Convention.
Highlights
Introduction“First, your return to shore was not part of our negotiations nor our agreement so I must do nothing
This article is an examination of the implementation of the United Nations Framework Convention on Climate Change (UNFCCC) as a Multilateral Environmental Agreement (MEA) in Indonesia
Though Indonesia is a party of the Convention, the Multilateral Environmental Agreement (MEA) cannot automatically bind the lower government units, the provincial and local governments, as they are not involved in the climate negotiations
Summary
“First, your return to shore was not part of our negotiations nor our agreement so I must do nothing. The words of Barbossa above cynically but accurately describe the position of the United Nations Framework Convention on Climate Change (UNFCCC/Convention) in the context of Indonesia’s decentralisation. Though Indonesia is a party of the Convention, the Multilateral Environmental Agreement (MEA) cannot automatically bind the lower government units, the provincial and local governments, as they are not involved in the climate negotiations ( they have the burden to implement the Convention). Indonesia has no firm legal obligation to reduce Greenhouse Gas Emissions (GHG) under the Convention. These issues have characterised the existence of the Convention in Indonesia’s decentralisation. How has decentralisation constrained the national government in fulfilling its commitment to the Convention? How has decentralisation constrained the national government in fulfilling its commitment to the Convention? It is argued that a combination of legal and political constraints arising in decentralised Indonesia have burdened the national government in performing climate efforts under the Convention
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