scholarly journals The Shadow of the Rational Polluter: Rethinking the Role of Rational Actor Models in Environmental Law

2001 ◽  
Vol 89 (4) ◽  
pp. 917 ◽  
Author(s):  
David B. Spence
Keyword(s):  
Environmental Law ◽  
Rational Actor ◽  
Rational Actor Models

Environmental Protection in Pancasila Perspective

2020 ◽  
Vol 1 (1) ◽  
pp. 7-10
Author(s):  
Lusia Indrastuti ◽  
Budi Prasetyo
Keyword(s):  
Law Enforcement ◽  
Environmental Protection ◽  
Environmental Law ◽  
Spiritual Needs ◽  
Way Of Life ◽  
Environmental Aspects ◽  
Legal Provisions ◽  
Library Research ◽  
Ongoing Development

Utilization of natural resources through environmental empowerment is an intention to improve public welfare through the Pancasila philosophy. The occurrence of floods that have occurred at this time both the Jabodetabek area and other regions illustrate the preservation of the environment not running well. For this reason, efforts and strategies need to be made to anticipate disasters that will occur in the future. In accordance with the foundation of the Pancasila state that has been engraved in the life of the nation and state of Indonesia, the role of the Pancasila for environmental protection needs to be put forward. This article aims to prevent the dominance of law enforcement in the field of environment but the role of the Pancasila perspective as a way of life and state ideology must be put forward. Pancasila is a guideline for maintaining and developing community welfare through a harmonious, balanced environment in order to improve the ongoing development at this time. This research uses a normative approach to library research, by conducting a study of the nation's life view of Pancasila and analyzing the applicable legal provisions, specifically in the field of environmental law. The results of this study are to put forward the Pancasila perspective approach in managing the environment in order to develop patterns of harmony, harmony and balance both in meeting physical and spiritual needs. The conclusion of this article is that environmental management has not been carried out in the perspective of the Pancasila perspective, so that the practice of Pancasila values has not been carried out consistently in developing environmental aspects.

Imagining Technology and Environmental Law

2016 ◽  
Author(s):  
Elizabeth Fisher
Keyword(s):  
Potential Role ◽  
Environmental Law ◽  
Environmental Problems ◽  
Limited Resources ◽  
Sociotechnical Imaginaries ◽  
Law And Technology ◽  
Starting Point ◽  
Chemicals Regulation ◽  
The Commons

Understandings of environmental law and technology are often co-produced as part of distinctive sociotechnical imaginaries. This essay explores this phenomenon by showing how Hardin’s famous essay, the ‘Tragedy of the Commons’, is capable of being interpreted in two different ways, which provide divergent visions of the potential role of environmental law and technology in addressing environmental problems. The first, and more popular, interpretation characterizes law and technology as instruments for bringing about shifts in morality in light of limited resources. A different reading of Hardin’s essay portrays law and technology in more constitutive terms. Identifying these different characterizations provides a starting point for a richer and more nuanced debate about the interaction between environmental law and technology. This is illustrated by an example from chemicals regulation.

scholarly journals A legal paradigm shift towards climate justice in the Anthropocene

2020 ◽  
Vol 11 (1) ◽  
pp. 44-68
Author(s):  
Sam Adelman ◽  
Keyword(s):  
Paradigm Shift ◽  
Legal Theory ◽  
Environmental Law ◽  
Climate Justice ◽  
Potential Contribution ◽  
International Environmental Law ◽  
Main Driver ◽  
Business As Usual ◽  
Ecological Catastrophe

Business as usual is widely acknowledged as the main driver of ecological collapse and climate breakdown, but less attention is paid to the role of law as usual as an impediment to climate justice. This article analyses how domestic and international environmental law facilitate injustices against living entities and nature. It calls for a paradigm shift in legal theory, practice and teaching to reflect the scale and urgency of the unfolding ecological catastrophe. Section 2 outlines the links between climatic harms and climate injustices. This is followed by discussions of unsustainable law and economic development in sections 3 and 4. Section 5 examines the potential contribution of new materialist legal theory in bringing about a legal paradigm shift that reflects the jurisgenerative role of nature in promoting climate justice.

scholarly journals The Role of Environmental Law Education for Sustainable Development

2019 ◽  
Vol 8 (3) ◽  
pp. 79
Author(s):  
Hanna Audzei
Keyword(s):  
Sustainable Development ◽  
Social Economic ◽  
Environmental Law ◽  
Legal Education ◽  
Environmental Policies ◽  
Environmental Safety ◽  
Successful Solution ◽  
Legal Thinking ◽  
Ecological Culture

National imperative of sustainable development is a strategy that combines into one social, economic and environmental policies. First of all the environmental legal education should aim to prepare people for life in an innovative type of society. To achieve this goal of environmental and legal education we should be reoriented to form a human ecological and legal culture and eco-innovative type of legal thinking and a willingness to innovative type of environmental and legal action. The successful solution of this and other challenges requires science foundation, including environmental law science. Keywords: law, environmental legal education, sustainable development, environmental safety, ecology, responsibility, ecological culture, legislation

Role of Government Policies in Environmental Management

2021 ◽  
Vol 1 (3) ◽  
pp. 86-93
Author(s):  
Andriansyah Andriansyah ◽  
Endang Sulastri ◽  
Evi Satispi
Keyword(s):  
Law Enforcement ◽  
Natural Resources ◽  
Environmental Ethics ◽  
Environmental Law ◽  
Descriptive Analysis ◽  
Role Of Government ◽  
The Government ◽  
Role Of The Government ◽  
Land Water

Humans in meeting the needs of their lives need natural resources, in the form of land, water and air, and other natural resources that are included in renewable and non-renewable natural resources. However, it must be realized that the natural resources that humans need have limitations in many ways, namely limitations regarding their availability in quantity and quality. Certain natural resources also have limitations according to space and time. The government needs to take alternative steps to determine the potential and problems in the use of natural resources. The purpose of this study is to find out how the role of the government through its policies in managing the environment. This research uses the descriptive analysis method. The results of the study indicate that the creation of a fair and firm environmental law enforcement to manage natural resources and the environment in a sustainable manner with the support of quality human resources, the expansion of the application of environmental ethics, and socio-cultural assimilation are increasingly stable.

Part III Conceptual Pillars, Ch.16 Harm Prevention

2021 ◽  
Author(s):  
Brunnée Jutta
Keyword(s):  
Environmental Law ◽  
Environmental Harm ◽  
Due Diligence ◽  
International Environmental Law ◽  
Significant Harm ◽  
Actual Harm ◽  
The Face ◽  
Harm Prevention ◽  
The Relationship

This chapter addresses how international environmental law originates from and revolves around the harm prevention rule. It focuses on three points of contention, each related to the role of due diligence in harm prevention, and each highlighted by recent judicial engagements with the harm prevention rule. First, it is generally accepted that a state's obligation to prevent environmental harm is not absolute, but requires due diligence in the face of risk of significant harm. However, it is unclear whether a failure to act diligently to avert harm on its own—absent actual harm—can amount to a breach of the harm prevention rule. Second, the relationship between the procedural and substantive dimensions of the harm prevention rule remains ambiguous. Third, there is some uncertainty as to where the line runs between the harm prevention obligation and the precautionary principle, given the focus of both notions on risk. These inter-related conceptual questions affect the harm prevention rule's function as a reference point for international environmental law.

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