Chinese Environmental Law: Effects of Academic Theory Viewed Through Three Decades of Implementing the Rule of Law

2016 ◽  
Vol 41 (1) ◽  
pp. 103-123
Author(s):  
Xiao Zhu ◽  
Yunuo Meng
Keyword(s):  
Rule Of Law ◽  
Environmental Law ◽  
The Rule Of Law

Harmonisasi terhadap Peraturan Daerah No. 14 Tahun 2006 tentang Pengelolaan Pelestarian Kawasan Konservasi Laut Daerah dalam Perlindungan Pulau Pariwisata Kabupaten Indramayu

2019 ◽  
Vol 1 (2) ◽  
pp. 142
Author(s):  
Saiful Kholik ◽  
Imas Khaeriyah
Keyword(s):  
Rule Of Law ◽  
Local Governments ◽  
Environmental Law ◽  
Policy Formulation ◽  
Marine Conservation ◽  
Environmental Damage ◽  
Conservation Area ◽  
The Rule Of Law ◽  
The Government ◽  
The Impact

Inconsistency Regional Regulation No.14 of 2006 about marine conservation area of the island of Biawak, Gososng, which Cendekian provides protection but in fact failed to provide protection as evidenced by dredging island sandbar and cendekian conducted PT.Pertamina UP VI Balongan INDRAMAYU. The problem in this research How Formulation Policy Act No. 10 Year 2009 on the Indonesian Tourism with the Indramayu Regional Regulation No. 14 of 2006 regarding marine conservation area of the island of Biawak, Gososng, Cendekian And How Harmonization Act No. 10 of 2009 with the Indramayu Regional Regulation No. 14 of 2006 regarding formulation Act No. 10 Year 2009 on the Indonesian Tourism with the Indramayu Regional Regulation No. 14 of 2006 about marine conservation area of the island of Biawak, Gososng, Cendekian, the purpose of this research to understand and analyze the extent to which policy The findings of the community or field of law local governments about the environmental damage done by companies or individuals are not equal accordance with regional regulations in force, nor the Law in force so that the function of law in society indramayu not fit the mandate to establish a change and justice based Formulation public corporate criminal liability.Inskonsitensi happens to local regulation No.14 of 2006 makes no harmonized with the regulations of each other so that the impact of this inskonsistensi makes the sector particularly environmental law enforcement get uncertainties that result in coastal communities Indramayau.Conclusion Harmonization of regulations of the center and regions delivering the policy formulation of the rule of law area to comply with the regulations above in order to avoid inconsistency, the occurrence of this inconsistency resulted in the rule of law and justice for the indramayu, suggestion that the government should was nearly revise regulations related area, especially the government must dare to take action to give effect to the perpetrator deterrent effect rule-based running as well as possible.

Enforcing EU Environmental Law against Member States: Air Pollution, National Courts and the Rule of Law

2015 ◽  
Vol 6 (2) ◽  
pp. 305-308
Author(s):  
Áine Ryall
Keyword(s):  
Air Pollution ◽  
Air Quality ◽  
Member State ◽  
Rule Of Law ◽  
Environmental Law ◽  
Member States ◽  
Limit Values ◽  
The Rule Of Law ◽  
National Courts ◽  
The Postponement

Case C-404/13, The Queen, on the application of Client Earth v Secretary of State for the Environment, Food and Rural Affairs EU:C:2014:2382, OJ C – 26 of 26.1.2015, p. 6.When a Member State finds that the limit values cannot be respected before the deadline fixed by the Air Quality Directive and wishes to postpone that deadline for a maximum of five years, that Member State is required to make an application for the postponement of the deadline by drawing up an air quality plan demonstrating how those limits will be met before the new deadline (official headnote).

scholarly journals Penyelesaian Sengketa Melalui Upaya Litigasi di Bidang Penegakan Hukum Lingkungan Keperdataan

2019 ◽  
Vol 4 (2) ◽  
pp. 163
Author(s):  
I Ketut Tjukup ◽  
I Gusti Ayu Agung Ari Krisnawati
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Dispute Settlement ◽  
Environmental Law ◽  
Strict Liability ◽  
Class Action ◽  
The Rule Of Law ◽  
Diffi Cult ◽  
The Law ◽  
Judicial Procedure

Environmental dispute settlement through litigation lines is strictly regulated in Law No. 32 of 2009 on the Protection and Environmental Management. The former law pointed HIR and RBg, PERMA No. 1 2002 Event Class Action. HIR and RBg did not set a class action, strict liability, legal standing, citizen lawsuit. Rules pluralistic diffi cult as the legal basis of environmental law dispute resolution. Problematic in civil law will cause blurring of norms, conflict norms, norms vacancy, will bring the consequences of law enforcers. If the law enforcement believes the law is the law, so that the rule of law, justice, expediency, which is the purpose of the law, it is diffi cult to realize. Based on legal issues cause problems pluralistic level, the rules, while the class action always demands are not accepted on the grounds HIR, RBg not set. Based on juridical issues, sociological and philosophical issue of whether arrangements formulated civil judicial procedure in civil Environmental Law Enforcement has been inadequate. Normative legal research writing method and in qualitative analysis to obtain quality legal materials. According to Law No. 48 the Year 2009 on Judicial Power, with the principle of ius curia Novit, a judge can do rechtsvinding. The rule of law in the enforcement raises multi pluralistic interpretation.Keywords: 

Der Rechtsstaat und sein Missbrauch

2020 ◽  
Author(s):  
Gerrit Manssen
Keyword(s):  
Federal Republic ◽  
Rule Of Law ◽  
Environmental Law ◽  
German Federal Republic ◽  
Public Authorities ◽  
The Rule Of Law ◽  
Asylum Law ◽  
German Constitution

The German Federal Republic is a state under the rule of law (Art. 20 and 28 of the German Constitution). However, there are frequent complaints concerning the „misuse“ of lawsuits, which allegedly undermine the rule of law. Looking closely, those accusations can not really be confirmed. No systematic misuse can be found in the field of environmental law (matters like diesel driving ban or lawsuits filed by environmental associations) or in the field of asylum law. What can be found instead is a jeopardy to the rule of law because of a decreasing acceptance of court rulings. Public authorities sometimes simply ignore such rulings. This unlawful development must be counteracted.

The Commission’s Omission to Use Article 267 tfeu as a Tool to Enforce eu Environmental Law

2016 ◽  
Vol 13 (3-4) ◽  
pp. 255-269 ◽  
Author(s):  
Ludwig Krämer
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Environmental Law ◽  
Environmental Legislation ◽  
Practical Application ◽  
Member States ◽  
The Rule Of Law ◽  
Political Body ◽  
Court Of Justice ◽  
Enforcement Authority

The present contributions examines if and to what extent preliminary judgments by the Court of Justice were used as an enforcement tool and helped the full legal and practical application of eu environmental legislation. Looking at available data about the use of this procedure and at the enforcement practice of Member States and the eu commission it is concluded that neither the means of preliminary reference according to Article 267 nor the infringement procedure under Article 258 tfeu are systematically exploited for effective enforcement of eu environmental law. In particular, it becomes evident, that Commission does not assume its role as environmental law enforcement authority. It rather acts as an opportunist political body which sometimes takes into consideration the rule of law, but sometimes not.

7. Courts

2019 ◽  
pp. 181-213
Author(s):  
Elizabeth Fisher ◽  
Bettina Lange ◽  
Eloise Scotford
Keyword(s):  
Rule Of Law ◽  
Potential Role ◽  
Environmental Law ◽  
Access To Justice ◽  
The Rule Of Law ◽  
Different Types

Courts play an important role in environmental law. Among other things, they uphold the rule of law and adjudicate on the legal disputes that inevitably arise. This chapter explores the role of courts in environmental law. It outlines why courts are understood to be important in environmental law, what courts are, the different types of courts relevant to UK and EU environmental law, the importance of access to justice, and the actual and potential role of specialist environmental courts. Overall, what is apparent from this chapter is not only that the role of courts is an important one, but that it is also complex.

scholarly journals The Rule of International (Environmental) Law and Complex Problems

2019 ◽  
pp. 211-231 ◽  
Author(s):  
Jutta Brunnée
Keyword(s):  
Rule Of Law ◽  
Environmental Law ◽  
Paris Agreement ◽  
Soft Law ◽  
International Context ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Policy Challenge ◽  
The One ◽  
International Rule

The chapter highlights the main features of climate change as a complex policy challenge. Drawing on the interactional account of international law it sets out the key traits of legality and the rule of law in the international context. It focuses primarily on how treaty-based law has evolved to grapple with complexity on the one hand, and meeting the demands of the rule of law on the other. The 2015 Paris Agreement, which was adopted under the auspices of the FCCC and employs an unprecedented range of legal ‘modes’, is taken as the key example. It is argued that the ‘hard’ vs ‘soft’ law distinction is not the most informative metric when it comes to exploring the trajectory of the international rule of law. Analytic attention is most fruitfully directed to the distinctive traits of legal norms and practices; traits that transcend traditional conceptions of formality and informality.

scholarly journals PEMANFAATAN SUMBER DAYA ALAM DAN PELESTARIAN LINGKUNGAN HIDUP

2019 ◽  
Vol 17 (1) ◽  
Author(s):  
Kunarto Kunarto
Keyword(s):  
Environmental Management ◽  
Natural Resources ◽  
Rule Of Law ◽  
Environmental Law ◽  
National Development ◽  
Environmental Capacity ◽  
The Rule Of Law ◽  
Development Goals ◽  
Legal Policies ◽  
Goals And Objectives

<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>In the perspective of environmental law, welfare which is the political goal of national law is not enough to be based only on the rule of law and democracy, but must also be based on the principles of the utilization of natural resources and environmental management. The principle must be a direction and policy making in the implementation of development, otherwise the welfare achieved will not last long, because Natural Resources as one of the elements of development capital cannot be functioned sustainable. Based on these arguments, conceptually the concept of implementing natural resource utilization and environmental management is the most important thing in national development that has been outlined in the legal policies set by the state or government to achieve the goals and objectives of environmental management. The goals and objectives are so that the environment is not damaged or polluted and maintained its function is preserved to preserve the carrying capacity and environmental capacity in order to achieve national development goals. If this function is not carried out properly, then the environment will be damaged or polluted, natural resources will be increasingly depleted, which in turn people's welfare which is one of the country's goals will not be achieved and sustainable. </span></p></div></div></div>

Environment and the Law: The Normative Force of Context and Constitutional Challenges

2020 ◽  
Vol 32 (3) ◽  
pp. 365-389
Author(s):  
Ceri Warnock
Keyword(s):  
Decision Making ◽  
Rule Of Law ◽  
Separation Of Powers ◽  
Environmental Law ◽  
Environmental Problems ◽  
Structural Features ◽  
The Rule Of Law ◽  
Normative Force ◽  
Legal Infrastructure

Abstract The inherent structural features of environmental problems cause environmental law to be written in a particular way and have led to the creation of novel adjudicative institutions, such as specialist environment courts and tribunals. But they also force us to view core constitutional principles, such as the rule of law and separation of powers, from different perspectives. By placing greater weight on certain components of these principles and lessening the force of others, solving environmental problems through law is rebalancing legal thought. Using New Zealand as a case study, this article explores how the legal infrastructure might respond to this contextual force by ensuring decision-making institutions operate with integrity and reflect public reasoned thoughtfulness, so fostering the rule of law within this unusual legal landscape.

Harmonisasi terhadap Peraturan Daerah No. 14 Tahun 2006 tentang Pengelolaan Pelestarian Kawasan Konservasi Laut Daerah dalam Perlindungan Pulau Pariwisata Kabupaten Indramayu

2019 ◽  
Vol 1 (2) ◽  
pp. 142
Author(s):  
Saiful Kholik ◽  
Imas Khaeriyah
Keyword(s):  
Rule Of Law ◽  
Local Governments ◽  
Environmental Law ◽  
Policy Formulation ◽  
Marine Conservation ◽  
Environmental Damage ◽  
Conservation Area ◽  
The Rule Of Law ◽  
The Government ◽  
The Impact

Inconsistency Regional Regulation No.14 of 2006 about marine conservation area of the island of Biawak, Gososng, which Cendekian provides protection but in fact failed to provide protection as evidenced by dredging island sandbar and cendekian conducted PT.Pertamina UP VI Balongan INDRAMAYU. The problem in this research How Formulation Policy Act No. 10 Year 2009 on the Indonesian Tourism with the Indramayu Regional Regulation No. 14 of 2006 regarding marine conservation area of the island of Biawak, Gososng, Cendekian And How Harmonization Act No. 10 of 2009 with the Indramayu Regional Regulation No. 14 of 2006 regarding formulation Act No. 10 Year 2009 on the Indonesian Tourism with the Indramayu Regional Regulation No. 14 of 2006 about marine conservation area of the island of Biawak, Gososng, Cendekian, the purpose of this research to understand and analyze the extent to which policy The findings of the community or field of law local governments about the environmental damage done by companies or individuals are not equal accordance with regional regulations in force, nor the Law in force so that the function of law in society indramayu not fit the mandate to establish a change and justice based Formulation public corporate criminal liability.Inskonsitensi happens to local regulation No.14 of 2006 makes no harmonized with the regulations of each other so that the impact of this inskonsistensi makes the sector particularly environmental law enforcement get uncertainties that result in coastal communities Indramayau.Conclusion Harmonization of regulations of the center and regions delivering the policy formulation of the rule of law area to comply with the regulations above in order to avoid inconsistency, the occurrence of this inconsistency resulted in the rule of law and justice for the indramayu, suggestion that the government should was nearly revise regulations related area, especially the government must dare to take action to give effect to the perpetrator deterrent effect rule-based running as well as possible.

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