Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 2 of 2

Full-Text Articles in Entire DC Network

Asuransi Lingkungan Berdasarkan Polluter Pay Principle Dan Command And Control Untuk Pemulihan Lingkungan Hidup Akibat Pencemaran Dan Kebakaran Hutan, Subagio Aridarmo Dec 2022

Asuransi Lingkungan Berdasarkan Polluter Pay Principle Dan Command And Control Untuk Pemulihan Lingkungan Hidup Akibat Pencemaran Dan Kebakaran Hutan, Subagio Aridarmo

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Mining, plantation and industrial business actors are charged with the obligation to pay environmental insurance as a condition for being able to carry out activities or business. The application of environmental insurance is based on the Polluter Pay Principle and Command and Control in the framework of law enforcement in the environmental sector. Current laws and regulations do not guarantee safety and restoration of environmental pollution and/or damage, for example, many business actors do not pay compensation in court decisions in cases of forest and land fires. This makes efforts to repair and restore the environment from pollution and/or damage …


A Paper Tiger? Prosecutorial Regulators In China’S Civil Environmental Public Interest Litigations, Chunyan Ding, Huina Xiao Jun 2021

A Paper Tiger? Prosecutorial Regulators In China’S Civil Environmental Public Interest Litigations, Chunyan Ding, Huina Xiao

Fordham Environmental Law Review

In July 2015, China’s national legislature brought in prosecutor-led civil environmental public interest litigation (“EPIL”) for thirteen selected provincial areas of the country. After a two-year legal experiment, this prosecutor-led civil EPIL system was then established nationwide in July 2017. Yet, can it be said that prosecutorial regulators in China are in fact a paper tiger? Drawing upon content analysis of the 655 prosecutor-led civil EPILs and in-depth interviews with twelve frontline prosecutors and judges, this article examines the dynamics of regulatory practice and the motivation of the Chinese prosecutorial organs to engage in environmental regulation through litigation. Based upon …