Environmental Dispute Resolution Research Articles

Bhabinkamtibmas Strategy in Empowering Community Roles in Preventing Forest and Land Fires in Palangka Raya

Bhabinkamtibmas strategy in an effort to create security and order by empowering community participation is expected to be able to prevent fire incidents which often occur throughout the year, administrative sanctions and civil sanctions, and alternative environmental dispute resolution which is not effective. The method used in this research is a combination of Quantitative and Qualitative using statistical analysis tools carried out in Palangka Raya, Jekan Raya District. The results of this research show that by using the PRA (Participatory Rural Appraisal) Test with the FGD method, the community supports and plays an active role in preventing forest and land fires. Apart from that, the results of the Variable Descriptive Statistical Analysis Test show all existing variables such as the Bhabinkamtibmas Strategy with a value of 17.039 > t table 1.992 and a significance value (Sig.) of 0.000 < 0.05, community role of 2.393 > t table 1.992 and significance value (Sig.) of 0.019 < 0.05 and community empowerment of 5.662 > t table 1.992 and significance value (Sig.) of 0.019 < 0.05 influential significantly towards preventing forest and land fires.

What Would Be Necessary to Construct a Rule Framework for Sustainability in the New Western Land–Sea Corridor? An Analysis Based on Green International Rule of Law

The New Western Land–Sea Corridor is the lifeline of international cargo transportation between China and the ASEAN. Transit transportation causes environmental damage to transit countries, and there is an urgent need to establish a sustainable rule framework for the New Western Land–Sea Corridor. The international rule of law originates from the documents of the United Nations General Assembly. The theoretical foundation of green transportation is sustainability. The connections and interactions between sustainability and the international rule of law constitute a green international rule of law. From the perspective of the green international rule of law, there are challenges in establishing a sustainable rule framework, such as the limited capacity of transit countries to ensure ecological security, the insufficient supply of collective efforts based on international environmental protection rules, the abuse of environmental protection exceptions leading to trade barriers, and conflicting judgments arising from parallel environmental infringement lawsuits. This article adopts the methods of text research, conceptual interpretation, and comparative research. China should take the green international rule of law as guidance, establish a green foreign aid mechanism for the New Western Land–Sea Corridor, explore an independent contribution mechanism for international environmental protection rules based on collective efforts, adhere to the principle of treaty compliance to limit the abuse of environmental protection exceptions, and build a diversified environmental dispute prevention and resolution mechanism for the New Western Land–Sea Corridor.

The Resolution of Environmental Disputes among Traditional Fishermen in Gampong Sungai Lueng, Langsa, Aceh, Indonesia

Gampong Sungai Lueng (referred to in Acehnese) in Langsa is an area rich in mangrove ecosystems, which play a crucial role in maintaining environmental sustainability and supporting the livelihoods of local traditional fishermen. However, in recent years, this area has faced several environmental problems, including uncontrolled mangrove tree cutting, which poses a threat to marine ecosystems and the well-being of local fishermen. This research aims to address environmental disputes among traditional fishermen in Gampong Sungai Lueng, Langsa. The research method employed is a normative juridical approach. The research specifications are descriptive and analytical in nature. The sources and types of data encompass primary and secondary data. Data analysis is conducted qualitatively, given that the collected data are of a descriptive-analytical nature. The research findings regarding the resolution of environmental disputes among traditional fishermen in Gampong Sungai Lueng, Langsa, represent complex and significant challenges in endeavors to preserve marine ecosystem sustainability and environmental protection. The results of the initial pre-test indicate that there are participants with inadequate knowledge concerning environmental regulations, including the prohibition of coastal tree cutting or mangroves, as well as related criminal issues. However, the majority of participants possess a solid understanding of essential aspects, such as these prohibitions, dispute resolution through either mediation or litigation, and the legal consequences of engaging in vigilantism. Keywords: dispute resolution, mangroves, and traditional fishermen

A Critical Evaluation of Environmental Dispute Resolution Mechanisms in Bangladesh: Addressing Challenges and Insights

Pollution is now the greatest dangerous threat to humanity. Nowadays, everyone scares pollution more than nuclear blasts. Human well-being and economic prosperity have made environmental conservation a critical global issue. Bangladesh is dealing with a number of environmental issues, including deforestation, land degradation, air pollution, water contamination, and biodiversity loss. In Part II (Fundamental Principles of State Policy) of the Bangladesh Constitution, Article 18A states, "The State shall strive to protect and develop the environment, as well as preserve and safeguard natural resources, biodiversity, wetlands, forests, and wild life for current and future inhabitants." However, Article 8(2) of the aforementioned Constitution stipulates that the fundamental principles outlined in Part II of the Constitution are not judicially enforceable. As a result, it is apparent that the Bangladesh Constitution does not contain any direct environmental protection. Furthermore, Bangladesh's constitution does not recognize the right to a healthy environment as a fundamental right. In Bangladesh, the environment doesn't at all promote healthy living. Severe air, water, and noise pollution endangers human health, ecosystems, and Bangladesh's economic progress. Population growth, the usage of fossil fuels, industrialization, and motorized vehicles all contribute to air pollution. Water contamination is the result of industrialization. The Government of Bangladesh has adopted various laws pertaining to environmental issues, such as the Environment Court Act, 2010, the Bangladesh Environment Conservation Act, 1995, the National River Protection Commission Act, 2013, the Bangladesh Water Act, 2013, etc. Despite the adoption of several laws and regulations, environmental pollution in the country persisted. This paper is qualitative in nature. The main purpose of this paper is to deliver a brief outline of the current legal regime dealing to the environment, as well as to identify environmental dispute resolution procedures within Bangladesh's existing legal framework. It will also investigate into the legal hurdles to pursuing environmental justice. This study presents some observations on achieving access to environmental justice for all population groups in Bangladesh.

Law Enforcement as a Systematic Effort to Preserve the Environment

The purpose of this research is to know and analyze Law Enforcement as a Systematic Effort to Preserve the Environment. The research method that I used to complete this article is a normative research method. The data collection method prioritizes legal research with various legal materials through the results of a review of written sources such as documents, books, journals, which are related to legal materials because they are different from the ambiguity of law enforcement in environmental issues. The results of the study say that the legal action given to the perpetrators of environmental pollution and destruction consists of administrative aspects, civil aspects, and criminal aspects. Article 76 (2) Environmental Protection and Management Law No. 32 of 2009 stated that administrative sanctions consist of written warnings, enforcement by the government, freezing of environmental permits and revocation of environmental permits. Regarding the settlement of environmental disputes according to Article 84 of Law no. 32 of 2009, there are two ways to claim compensation and/or environmental cleaning costs, namely environmental dispute resolution outside the court and environmental dispute settlement outside the court

Going Green by Adopting and Adapting Arbitration for Environment Related Disputes

Despite the fact that the law has evolved in addressing the array of concerns existing by often immediate and irreversible damage to the soul environment, the working of the law has been plagued by an unsuccessful dispute settlement mechanism with little detailing on its administration. International environmental treaties are gradually making more space for alternative dispute resolution (ADR) methods for dispute settlement. The Permanent Court of Arbitration Environment Arbitration Rules, 2001 are a set of rules with a little novel features addressing concerns which are exclusive for environmental disputes – the role of the nonstate actors and multi-party disputes. The rules are formed in a manner that would make possible for any group of parties to dispute state, NGOs, multinational corporations and even individuals. The policy is also formulated to tackle multi-party disputes. Another important characteristic of these rules are that they also addresses the cost aspect of international dispute settlement process - member states have access to the environment assistance fund. Permanent Court of Arbitration (PCA) and the environment rules fill the place of forum for environmental disputes with expertise. The paper makes no endeavor to state that there is nonexistence of normative structure with reference to dispute resolution in trans-boundary environmental disputes. Rather it aims to demonstrate the normative insufficiency in the methodology adopted to address the content of the dispute resolution mechanisms and present ADR methods as a successful methodology for resolution of environmental disputes. It starts with a concise discussion on the characterization of an environmental dispute and the difficulty in the present legal regime. This is followed by a short overview of the dispute settlement structure in international law. It then discusses the mechanism of conciliation, mandatory and optional, exemplified in the course of a few international environmental instruments. Further there is a dialogue on the Permanent Court of Arbitration Optional Rules for Conciliation in Environmental Disputes, 2001 (Hereinafter rules, 2001). The next part discusses the instrument of arbitration, mandatory and optional, as exemplified through state practice in a few arbitrations like the Mox Plant Arbitration, and the International Tribunal for the Law of the Sea (ITLOS) arbitrations. Additionally there is a conversation on the rules, 2001 and how they could be of importance by customizing them for disputes like the transboundary freshwater disputes. The paper concludes with an assessment of the rules.

Factors that Encourage the Implementation of Alternative Dispute Resolution Between Indigenous Peoples and Corporations in Indonesia

In essence, customary law prioritizes the existence of deliberation and consensus, both in the family, kinship, neighborliness starting a job or in ending the work between one and the other, preferably the way of settlement in harmony and peace with deliberation and consensus, by forgiving each other without having to rush the relationship directly brought or delivered to the state court. However, it is necessary to evaluate in-depth the implementation of alternative effectiveness of environmental dispute resolution to comply with local wisdom to realize social justice. Therefore, the authors examined the factors that influence the implementation of alternative environmental solutions with the type of socio-legal research and enforcement of legal sociology.

Studi Komparatif Penyelesaian Sengketa Lingkungan Di Pengadilan Tata Usaha Negara Indonesia Dan Thailand

This study aims to analyze the comparison of environmental dispute resolution in the State Administrative Court (PTUN) of Indonesia and its Thailand equivalent. This is a normative legal research, using statutory and comparative approaches. The results of the study are presented in an analytical descriptive form. The results of the study conclude that first, the equatlisation for the settlement of environmental disputes in the Indonesian PTUN and the ones in Thailand is based on the General Administrative Court Procedure Law as regulated in the laws governing the PTUN of each country, but technical guidelines for resolving environmental disputes in the PTUN are issued by the respective Supreme Courts of each country. Second, the first difference is that the Thai Administrative Court provides special arrangements related to compensation issues which include costs for health problems, costs for damage to natural resources, loss of identity and community arts and culture. Meanwhile, the PTUN Indonesia provides very limited compensation and prioritizes the claim for the validity of the object of dispute. The second difference is that the handling of environmental problems in the Thai Administrative Court examines the substance and facts related to the environment more deeply, so that a real picture of environmental problems is obtained in the field. An in-depth study of the substance, facts, environmental problems in the field is taken into consideration by the judge in making a decision, even though administratively there are no problems. Meanwhile, the dispute resolution in the Indonesian PTUN is administrative and procedural in nature.

Perancangan E-Government Pelayanan Pengaduan Dan Penyelesaian Sengketa Lingkungan di Era Kebiasaan Baru Pada Dinas Lingkungan Hidup Kota Makassar

At the Environmental Service, there is a PPLH Arrangement and Compliance Division. One of the environmental dispute reporting services is a dispute between two or more parties arising from activities that have the potential and or have an impact on the environment. The environmental complaint and dispute resolution service at the Makassar City Environmental Service have guidelines for verifying disputes involving many aspects of activities and data collection. The background of the research is the community's obstacles in quick access to reporting complaints due to allegations of pollution and or environmental destruction. Another problem is that the Department of the Environment still needs to prepare a verification plan for environmental disputes involving the reporter and related agencies. The impact of the pandemic that cities and even countries have felt makes the problem even more complicated. The research objective is to design an E-Government application for Complaints and Environmental Dispute Resolution Services that can be accessed by the public anytime and anywhere, especially in the era of new habits. The waterfall's system development method starts from system engineering, needs analysis, design, coding, testing and maintenance. Black box testing method for functional testing. The programming language used is the PHP programming language in building environmental dispute verification media and Android-based applications as a complaint medium. The results of this study are that this application can be a medium so that complaints become easier and can neatly document the dispute resolution process.

Conflict of Jurisdiction and Harmonization Between WTO and Marine Environmental Dispute Resolution Mechanisms -- Concentrating on the EC-Chilean Swordfish Case

There is a conflict of jurisdiction between the maritime environmental dispute settlement mechanism and the WTO dispute settlement mechanism, which can lead to conflicts in practice, especially with regard to free trade. This paper therefore analyses the EC-Chile Swordfish case, in which both parties to the dispute submitted their cases to both the UN Tribunal for the Law of the Sea and the WTO panel procedure, and finds that the conflict of jurisdiction between the two mechanisms arises because of the conflicting concepts of their rules and the lack of specific provisions that make them equivalent in effect. As a result, it was not possible to exclude the jurisdiction of the other party, which could lead to different outcomes and a new impasse in dispute resolution. It is therefore important to harmonise the conflicting principles of the marine environment and free trade, and to establish a coordinating body between the two mechanisms in order to better resolve marine environmental disputes and ultimately help China to deal with such conflicts and establish its own environmental and trade regime.

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

Impact of Failure of Alternative Dispute Resolution between Samin Indigenous Movement and PT Semen Indonesia (Persero) Tbk

The existence of environmental management that is wise and wise itself has also been contained in the Constitution in Indonesia, especially Article 28H paragraph (1) and Article 33 paragraph (4). To ensure the role of human beings to the environment remains conservative, the state regulates and controls existing natural resources for the greatest prosperity of the people as stated in the Indonesian constitution. This aims to make natural resource management can be utilized not only for the current generation but also for future generations, as well as to maintain the ecosystem to remain sustainable. However, the existence of a green constitution along with recognition & respect of customs contained in the constitution (law in the books) has not yet fully built a strong interdependence (law in action) to create environmental justice. This is evidenced by the many conflicts that occur between indigenous peoples and corporations. The problem studied in this study is the impact of the failure of alternative environmental dispute resolution between the samin indigenous movement and PT Semen Indonesia (Persero) Tbk (hereinafter abbreviated as PT. Semen Indonesia). This study uses a type of socio-legal law research with a sociological approach located research in Rembang. The results showed that every problem that intersects with indigenous peoples should be resolved harmoniously and peacefully with deliberation and consensus. In addition, it is necessary to involve indigenous peoples in determining environmental policies. Then there needs to be harmonization and internalization between environmental policy and local community culture (indigenous legal community).

Role Of Judicial Activism In Environmentaldispute Resolution Before The State Administrative Court

This study examined the role of judicial activism role in resolving environmental disputes at PTUN. It provided understanding for the judges in order to create justice for both justice seeker and the environment. In this study, the writer used a statutory approach, case study approach, and conceptual approach. Furthermore, the basic concept of judicial activism role and the characteristic of the environmental dispute solution were used as the object of the research. The result revealed that the role of judicial activism role not only strives for just dispute resolution but also keep its environmental justice. Moreover, judges’ decisions is reflected on the principle of preventive action, the precautionary principle, the polluter pays principle. The solution of environmental dispute system condimsidered by the judge panel will excavate ecological's values system. Keywords: Judicial activism; dispute resolution; environmental; PTUN Peran Judicial Activism Dalam Penyelesaian Sengketa Lingkungan Hidup Di Depan Pengadilan Tata Usaha Negara Abstrak Penelitian ini mengkaji tentang peran judicial activism dalam menyelesaikan sengketa lingkungan di PTUN. Hal ini memberikan pemahaman bagi para hakim untuk menciptakan keadilan bagi pencari keadilan dan lingkungan. Dalam penelitian ini, penulis menggunakan pendekatan undang-undang, pendekatan studi kasus, dan pendekatan konseptual. Selanjutnya, konsep dasar peran judicial activism dan karakteristik penyelesaian sengketa lingkungan digunakan sebagai objek penelitian. Hasil penelitian mengungkapkan bahwa peran judisial activism tidak hanya mengupayakan penyelesaian sengketa yang adil tetapi juga menjaga keadilan lingkungannya. Apalagi putusan hakim tercermin pada prinsip tindakan preventif, prinsip kehati-hatian, prinsip pencemar membayar. Penyelesaian sistem sengketa lingkungan yang dinilai majelis hakim akan menggali sistem nilai ekologis. Kata kunci: Judicial activism; penyelesaian sengketa; lingkungan; PTUN

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.

Derecho medioambiental internacional y la nueva soberanía: Algunos retos pendientes

Este breve documento intenta subrayar mi experiencia general internacional en derecho ambiental, en particular desde el punto de vista de las personas interesadas. Existe una necesidad real de una solución alternativa internacional de conflictos ambientales a pesar del principio internacional de soberanía que está fallando para proteger los recursos naturales durante las últimas décadas. Sin embargo, los Estados y sus subdivisiones son reacios a someterse a los nuevos principios de co-soberanía, especialmente en la relación con los individuos. Aunque se puede afirmar con seguridad que el derecho internacional del medio ambiente está en camino de fortalecer el papel de los actores no estatales, todavía queda un largo camino por recorrer antes de que el acceso de estos actores a la adjudicación internacional sea completamente reconocido. Por lo tanto, existe una necesidad real en todo el mundo de un debate abierto y una propuesta en un foro internacional para poner a disposición la necesidad de una resolución internacional de disputas ambientales. Los desafíos internacionales pendientes sobre el cambio climático, entre otras cosas, encontrarían aquí otra razón para avanzar en términos de solidaridad internacional y nueva soberanía sobre asuntos ambientales.Recibido: 17.10.2019Aceptado: 20.12.2019Publicación en línea: 03.07.2020

Penyelesaian Sengketa di Luar Pengadilan sebagai Upaya Pemulihan Dampak Kerusakan Lingkungan

This article aims to review the resolution of environmental disputes outside the court based on Law Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH). The problem is focused on efforts to protect and restore environmental damage. The method used in this research is normative or doctrinal legal research. Data is collected through a literature approach and analyzed qualitatively. The rapid development of the industry, requires natural resources in the form of raw materials and energy sources that are very large as well. The consequence of the industrial development process is the increase in waste produced by the industry. This is very possible for friction between the surrounding communities, which in turn can lead to conflict or dispute. This study concludes that resolving environmental disputes outside the court is considered more beneficial because if it takes a case in court it takes a long time. By shortening the process the impact of environmental damage can be more quickly addressed so that the ecosystem can soon recover and social, economic and cultural life can proceed as it should.

Environmental Dispute Resolution Through Class Action Lawsuit

The procedural law of Class Action is a legal concept known in the Anglo-Saxon legal system (Common Law). Whilst this concept is not recognised in the Continental European legal system (Civil Law), likewise in Indonesian civil procedure that based on Herzien Inlandsch Reglement (H.I.R) and Rechtsreglement voor de Buitengewesten (RBg). Initially, the procedural law of class action in Indonesian legal system was arranged consecutively under Law No. 23 of 1997 (Environmental Protection Law), Law No. 8 of 1999 on Consumer Protection and Law No. 41 of 1999 on Forestry. The arrangement of class action lawsuit in the substantive law was inspired by the recognition of class action lawsuit in the United States through Article
 23 of the US Federal Rule of Civil Procedure prescribing that the requirements for filing class action lawsuit are as follows: numerosity, commonality, typicality, and adequacy of representation. In Indonesia there is no procedural law setting out the class action lawsuit, thus Supreme Court Regulation No. 1 of 2002 was enacted. The replacement of Law No. 23 of 1997 (Environmental Protection Law) by Law No. 32 of 2009 (Environmental Protection and Management Law) allows the application of the class action with reference to this Supreme Court Regulation. The arrangement of class action lawsuit in the Supreme Court Regulation No. 1 of 2002 still encounters many challenges in its application. The initial process i.e. certification is very decisive whether the lawsuit can be accepted or is qualified as a class action lawsuit. In conjunction with this, the judges' active role is very important whilst waiting for a specific and adequate legislation to establish the class action procedure. Meanwhilst, the judges are supposed to patch up the Supreme Court Regulation No. 1 of 2002.
 Keywords: Environmental Disputes, Procedural Law, Class Action Lawsuit

NATIONAL GREEN TRIBUNAL OF INDIA AND ENVIRONMENTSAL JUSTICE

Improving the environmental rule of law, access to justice and environmental dispute resolution is essential for achieving the UN‘s 2030 agenda for Sustainable Development and the Sustainable Development Goals (SDGs), particularly SDG Goal 16—‗to provide access to justice for all and build effective, accountable and inclusive institutions at all levels‘, according to Pring and Pring (2016). To accomplish this goal, establishing specialised courts and tribunals dealing exclusively with environmental matters is becoming essential. All over the world, more than 1200 environmental courts and tribunals are functioning in various countries, and more such courts have been planned for the future, as discussed by Pring and Pring (2016). As far as India is concerned, the need for establishing environmental courts in India arose in different circumstances and in different times. In the cases of M.C. Mehta Vs. Union of India (AIR 1987 SC 965), Indian Council for Enviro-Legal Action Vs. Union of India (1996 3 SCC 212) and A.P. Pollution Control Board Vs. Professor M.V. Nayudu (1992 2 SCC 718), the Indian Supreme Court (orders of 1986, 1996, 2001) observed that as environmental cases frequently involve assessment of scientific data, setting up environmental courts on a regional basis with a legally qualified judge and two experts would help speed the judicial process.

Does slow and steady win the race? Ecosystem services in Canadian and Chilean environmental law

This paper examines and compares the extent to which ecosystem services have been incorporated in Canadian and Chilean environmental law and policy. The focus is on the adjudication of environmental disputes but the analysis is contextualized by the broader environmental law and policy developments of each country. As will be seen, Canada's judiciary was relatively quick to embrace ecosystem services but subsequent progress has been slow. In Chile, on the other hand, ecosystem services have been referred to only recently but that country's Environment Courts appear intent on giving the concept a greater role in the resolution of environmental disputes.

Transnational Environmental Law and Grass-Root Initiatives: The Case of the Latin American Water Tribunal

AbstractThis article analyzes the role played by the Latin American Water Tribunal (Tribunal Latinoamericano del Agua – TRAGUA) (LAWT) in the resolution of environmental disputes over water resources. Since its inception in 1998, the LAWT has emerged as a non-governmental body with a multidisciplinary composition and a mandate based on both formal and informal sources of law, which holds public hearings in order to address water-related complaints. This article explores whether (and the ways in which) the LAWT is contributing to the resolution of environmental disputes concerning water resources. The main underlying thesis is that, whereas the traditional model for interstate dispute settlement offers only limited possibilities of redress to non-state actors (mainly individuals and groups), the LAWT provides them with the opportunity to present their demands before an environmental justice forum.