Digital Commons Network^™

Review On Illegal Wildlife Trade Provisions In Indonesia: Cost-Benefit Analysis And Law Enforcement, Adrianus Eryan

Indonesian Journal of International Law

Illegal wildlife trade is a crime that is rarely systematically exposed and difficult to investigate but generates extraordinary profits. As a one of mega biodiversity country in the world, Indonesia is an easy target for illegal wildlife trade. Unfortunately, existing law enforcement practices still need to be improved. There are at least two supporting factors enabling the wildlife crime: inadequate normative legal basis and weak law enforcement resulting from the high cost of crimes. The research is carried out through a series of theoretical frameworks of cost-benefit analysis and criticisms regarding ideal law enforcement practices through various court decisions. At …

Esg Implementation In Emerging & Frontier Markets: Lessons Cultivated From Sri Lanka And Beyond, Ahmed Qaisi

University of Miami Business Law Review

Crippling debt accrued within emerging and frontier market nations forces developing governments to enact policies contrary to the well-being of their overall economies. The influence of credit rating agencies as well as organizations like the World Bank and the International Monetary Fund (“IMF”) have handcuffed governments into implementing Environmental, Social, and Governance (“ESG”) policies that are unrealistic and unfeasible and have therefore caused detrimental societal impacts. This note examines how the application of ESG policies and governmental corruption resulted in Sri Lanka’s devastating economic collapse. Also scrutinized are those countries which have taken on debt but have managed well throughout …

Protecting Public Land From Trespass: Why The Six-Year Statute Of Limitations In 28 U.S.C. § 2415(B) Is Appropriate For All Trespass Cases On Federal Land, Zach Fader

Pace Environmental Law Review

The United States has the authority to bring claims for trespass on federal land under the statutes of the state in which the trespass occurs. Many states have statutes that codify and often alter the elements of common law trespass while also providing for double or treble damages. Thus, in cases of trespass on federal lands, the government is incentivized to bring claims under state trespass statutes. Doing so adds an alternate theory of liability and maximizes the opportunity to recover adequate damages. 28 U.S.C. § 2415(b), in part, sets a six-year statute of limitations for when the United States …

Indigenizing The Right To A Healthy Environment, Elisabeth Parker, Heather Tanana

Pace Environmental Law Review

The most severe impacts resulting from environmental degradation are experienced by already-vulnerable populations, including Indigenous peoples. A growing number of countries are formally recognizing the basic human right to a healthy environment, which can help realize environmental and climate justice for these communities. On July 28, 2022, the United Nations General Assembly passed a landmark resolution formally recognizing the human right to a clean, healthy, and sustainable environment. The adoption of this resolution represents a pivotal moment in the understanding and implementation of a human rights-based approach to protecting the environment. However, it is important to recognize that historically, Indigenous …

The Ultimum Remedium Principal Formulation Policy Is Partial In Nature In Corporate Criminality In Indonesia, Ade Adhari, Pujiyono Pujiyono, Sidharta Sidharta, Indah Siti Aprilia

Indonesia Law Review

This article identifies and examines the policy formulation of the ultimum remedium principle in criminalizing corporations in Indonesia. The source of criminal law is found in the Criminal Code (KUHP) and laws outside the Criminal Code. The principle of ultimum remedium in corporate punishment is not recognized in the Criminal Code. Limited ultimum remedium-based corporate penalties are found in various laws containing offenses in the fields of taxation, customs, excise and the environment. Normatively, the process of prosecuting a corporation is a last resort, and the main step required is fulfilling the obligation to pay off losses to state revenue, …

Crisis Communication Management In Law Enforcement Support Agencies (Study Of The Financial Transaction Reports And Analysis Center), Tri Andriyanto, Hendriyani Hendriyani

Jurnal Komunikasi Indonesia

This study aims to analyze and evaluate crisis communication management in institutions that support law enforcement, with a study at a national institution that supports law enforcement. The analysis is carried out by integrating theories and concepts from crisis communication management in the pre-crisis, during-crisis, and post-crisis stages and their relation to the image restoration strategy that is carried out when a crisis occurs when an institution discloses a case to the public. This study is qualitative research supported by issue monitoring data. Data were obtained through in-depth interviews with internal and external informants as the main data, and document …

Climate Change And Cross-Border Displacement: What The Courts, The Administration, And Congress Can Do To Improve Options For The United States, Kate Jastram

Case Western Reserve Journal of International Law

There is no doubt that the United States, even under existing law, could do much more to protect people displaced across international borders in the context of climate change and disasters. All branches of government have a role to play. Federal courts must thoughtfully assess litigants bringing asylum and CAT claims in the context of climate change and disasters. The administration must clarify interpretation of the refugee definition and use all available tools at its disposal to create new legal pathways as outlined in the White House Report. For its part, Congress must modernize the statutory basis for international protection …

Black-Billed Parrot (Amazona Agilis) Population Viability Assessment (Pva): A Science-Based Prediction For Policy Makers, Susan E. Koenig

Ornitología Neotropical

No abstract provided.

Habitat, Distribution, And Conservation Of Atlantic Forest Birds In Argentina: Notes On Nine Rare Or Threatened Species, Alejandro Bodrati, Kristina Cockle

Ornitología Neotropical

No abstract provided.

The Avifauna Of The Podocarpus National Park - The "Andean Jewel In The Crown" Of Ecuador's Protected Areas, Carsten Rahbek, Hanne Bloch, Michael Koie Poulsen, Jan Fischer Rasmussen

Ornitología Neotropical

No abstract provided.

Unleashing The Beast: Confronting Animal Trafficking As Organized Crime In The Americas, Erick J. Wilson

University of Miami Inter-American Law Review

Wildlife trafficking is a serious yet often overlooked issue across the Americas. This Note examines wildlife trafficking across the Americas, analyzing the legal frameworks and challenges facing countries like the United States, Guatemala, Argentina, Peru, Mexico, and Brazil. Three key obstacles emerge: the lack of recognition of trafficking as organized crime, limited resources for enforcement, and deficient penalties. Though the United States has laws like the Lacey Act to address importation of illegally traded wildlife, weak foreign laws constrain efficacy. Many Latin American nations do not categorize wildlife trafficking as organized crime, despite its intricate parallels with activities like drug …

Joint Global Responsibility Fund For Climate, Conservation, And Communities: A Proposed Innovative Tax-Based Funding Mechanism, Tamar Ron

New England Journal of Public Policy

Nature-based solutions address biodiversity loss, climate change, and societal challenges at the local, national, regional, and global levels. The costs of their conservation, however, are mostly local and national in nature. Confronting the rolling dual crisis of biodiversity loss and climate change requires us to recognize nature’s intrinsic value. Moreover, we must find practical ways for their monetary valuation to be channeled as payment for the services of conservation custodians. It is suggested here to translate the value of natural assets and the understanding of the local costs and global benefits of their conservation, into an innovative and ambitious funding …

Climate Change, Corruption, And Colonialism: Solving The Conundrum With Regional Courts, Taylor Nchako

Northwestern University Law Review

It is no secret that climate change is the most pressing issue of our times. Global South countries, especially those in Africa, face challenges mitigating the worst impacts of climate change, adapting technological solutions, and continuing to develop their nation’s infrastructure and industry. Cameroon provides an archetypal example of the challenges many African countries face. Plagued by an economy that both exacerbates climate change and stands to collapse from it, Cameroon struggles with corruption that has roots in colonialism and neocolonialism. This corruption taints not only the forestry service and the executive branch, but the judiciary as well, leaving Cameroon’s …

Managing Criminalized Power Structures: The Predominant Spoilers Of Peace Processes, Michael Dziedzic

Space and Defense

Criminalized Power Structures (CPS) exploit illicit wealth acquisition to usurp political power and constitute a leading source of obstruction when the international community intervenes in states struggling to emerge from civil conflict. Structures operating outside domestic or international law may constitute a crucial barrier or spoiler for UN and coalition peace operations. This held true in the post-Cold War interregnum before 9/11 and is likely to continue for stabilization operations, regardless of outcomes from enormous international security investments in Afghanistan and Iraq. By understanding the different types of spoilers acting across cases, the United States and partners in the international …

Negotiating Environmental Crisis Within Forest Ecosystem Restoration Projects In Puncak And Lombok, Indonesia, Sundjaya -, Syarifudin -

Antropologi Indonesia

The Forest Ecosystem Restoration (FER) project is a technological-science attempt to restore the damaged landscape as part of the environmental crisis mitigation. To some extent, the adoption of FER has also altered forest land use practices adopted by rural farmers as part of their livelihood. In rural-urban perspective, FER projects might be considered as a process of transferring environmental burdens from urban-downstream to rural-upstream communities living in the watershed areas. Our qualitative research in two FER project Puncak and Lombok, however, demonstrates how multiple actors, including local communities, actively influence the crisis defining process throughout problematization, mediation, apprehension stages. Such …

The Narratives Of Local Women’S Resilience In Disaster And Climate Change: The Voices Of Indonesian Women In The Watershed Areas, Titiek Kartika Hendrastiti, Siti Kusujiarti, Rambat Nur Sasongko

The Indonesian Journal of Socio-Legal Studies

This study analyzes the narratives of women’s resilience in disaster from the post-colonial feminism approach. Ecological justice and gender issues have been addressed by other studies on Indonesia to amplify the voices of Indonesian women, but few of them focus on women’s narratives. As a culture relying on oral traditions, Indonesian women’s narratives and stories are instrumental in decolonizing the knowledge on ecological justice. Even though feminist perspectives play an instrumental role in addressing ecological justice in Indonesia, studies using post-colonial feminism remain very limited.

This study employs post-colonial feminist ethnography and focuses on three watershed areas in Bengkulu, Indonesia: …

Introduction To Transboundary Waters Special Issue, Hannah Mink, Jenna Vonhofe

Wyoming Law Review

No abstract provided.

Challenging The Patriarchal Culture; Feminist Critical Discourse Analysis Of The Indonesian Environmental Heroines, Ernanda Ernanda

Wacana, Journal of the Humanities of Indonesia

This study unveils the representations of women in the documentary film, Tanah Ibu Kami, which depicts women’s movements defending nature from corporations in four islands in Indonesia. It utilizes feminist critical discourse analysis which incorporates critical discourse analysis and feminist studies to disclose perplexing hegemonic power relations. The data in this study are taken from the transcription of the dialogues in the film. Some extracts constructing the representations of women in the film are extracted for further analysis. Interviews were conducted with the film’s producer and female figures. The four themes constructing the representations of women are: (1) women in …

The Multiple Paths Of Extraction, Dispossession, And Conflict In Mozambique: From Tete’S Coal Mines To Cabo Delgado’S Lng Projects, Ruy Llera Blanes, Ana Carolina Rodrigues, Euclides Gonçalves

The Journal of Social Encounters

When it comes to extractive processes, conflict, and peacebuilding, the case of Mozambique has recently taken center stage due to the emergence of an Islamic insurgency movement in the liquefied natural gas (LNG) project in its northern province of Cabo Delgado. This is but one part of a complex process of highly conflictual extractivist projects unfolding in the country. In this article, we argue that, beyond the specific case of LNG, there is a logic of continuity and accumulation regarding extraction-related grievances that, over the years, has generated community resentment in natural resource rich areas. Multiple accumulating forms of dispossession …

The Dynamics Of Military-Police Relations In Post-Authoritarian Indonesia (1998 To 2020), Bayu A. Yulianto

Masyarakat: Jurnal Sosiologi

Among myriad significant institutional changes in post-authoritarian Indonesia (1998-present) is the split of Indonesian police (POLRI) from the armed forces (ABRI, renamed into TNI after 1999). No longer locked in a dominant-subordinate configuration, the interaction between both institutions intensified in areas where they intersect. Drawing upon the theory of Strategic Action Field (SAF), this study attempts to capture the dynamics along the newly-established trajectory. It shall be argued that far from being one-dimensional, the relationship between both institutions has been marked by conflict, competition, and cooperation; depending on the SAF. Finally, this research proposes a new framework to assess the …

War, Cacophony & Beyond: Reexamining And Adding Security To Environmental, Social & Corporate Governance Investing, Seongjun “Spencer” Park*

Fordham International Law Journal

Russia’s invasion of Ukraine has exposed the current ESG approach’s weakness in many ways, most noticeably in the form of real-world consequences of negative screening strategies against defense and energy sectors. This Note attributes this weakness to a cacophony of risk and impact—a conceptual conflation between the two concepts in the relatively nascent ESG space. However, this Note finds that, even after resolving this cacophony, ESG investing still has significant problems that challenge its efficacy: (1) insufficient fairness and reasonableness of ESG ratings; (2) its uncertain future viability as an effective investment methodology under unfavorable economic conditions; and (3) its …

Sargassum Systems: A Comparative Analysis Of Policy Responses To The New Caribbean Seaweed Crisis, Leo Jobsis Rossignol

William & Mary Environmental Law and Policy Review

In light of the emerging policy responses to the Caribbean Sargassum crisis, it is crucial that in-depth comparative studies be taken to understand the effectiveness of those policies and their common characteristics. With that resource, policymakers will be able to learn from their neighbors more quickly and reduce the damage done by future Sargassum events, as well as adopt more unified data standards.

The United States has been slow to respond, despite the increasing damage to its Caribbean dependencies, like the U.S. Virgin Islands and Puerto Rico. This Note will show that because this problem is international in scope, the …

The Role Of Social Media As A Communication Facility For Hydrometeorological Disasters In Shallot Farming Activities, Nurul Khotimah, Dyah Respati Suryo Sumunar, Suhadi Purwantara, Nugraho Sistu Prabintoro, Mohd Hairy Ibrahim, Nasir Nayan

Informasi

Social media as a means of communication plays a role in building a new paradigm of disaster. One of the social media users for hydrometeorological disaster communication is a shallot farmer in Parangtritis Village, Kretek Subdistrict, Bantul District, Yogyakarta Special Region. This study aims to determine the role of social media as a means of communication for hydrometeorological disasters in shallot farming activities. The design of this research is descriptive quantitative research. The research was carried out from April to October 2021 by taking the location of shallot farmers in Parangtritis Village, Kretek Subdistrict, Bantul District, Yogyakarta Special Region. The …

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 …

Could A More Limited Environmental Goods Agreement Resolve Continued Issues In Cities Compliance?, Andrew Coccoli

William & Mary Environmental Law and Policy Review

This Note will adopt an economic perspective while advocating for the most sustainable practices in natural resources management. It will first conduct a series of case studies of natural resources for which there is transnational or international demand, but unsustainable management. While CITES-listed resources will be considered with particular attention, unlisted and more conventional resources will also be considered. In its second part, this Note will consider mechanisms currently available in international trade to accommodate environmental progress, then will set forth various new measures the WTO could adopt to incentivize sustainable management of the Part I resources. Part III will …

Cisadon Forest Coffee Ecotourism Marketing Model: Fields Notes, Tommy Christomy, Fabianus Hiapianto Koesoemadinata, Rahmatia Ayu, Sunu Wasono, Frans Asisi Datang

Journal of Environmental Science and Sustainable Development

Cisadon is one of the villages that has coffee as one of the main sources of income for the local community. This research develops the marketing of Cisadon Forest Coffee through the ecotourism sector. Based on applied research, this research proves that the synergy between Kampung Atas and Kampung Bawah can improve the quality of coffee production in Kampung Cisadon. Cisadon Coffee production is developed by conducting sports tourism activities in a virtual race with the focus of Cisadon Coffee as a marketing icon. This research aims to increase community engagement and marketing of Cisadon Forest Coffee. By involving the …

Deciphering Lessons From The Ashes: Saving The Amazon, Shannon K. Woulfe

Natural Resources Journal

For over forty years, Brazil, its subnational governments, Indigenous communities, other nations, non-governmental organizations, corporations, and individuals have worked to conserve the Amazon rainforest through a staggering number of diverse international initiatives. While some initiatives have supported Brazil in decreasing the rate of deforestation over the past fifteen years, the 2019 fires demonstrated that destruction continues. Left unchecked, this irreversible destruction promises to amplify. Fortunately, the long history of global involvement in Amazon conservation provides ample lessons for effective, place-based deforestation prevention. Thoughtful and coordinated international action can address the current lethal combination of destructive factors: Brazil’s environmentally hostile federal …

Building Global Leaders Through Field Research And Extension Experiences In Belize, Tom Gill, Adam S. Willcox

Journal of International Agricultural and Extension Education

One of the most complex agricultural and natural resources challenges of our time is reconciling sustainable global food security and biodiversity conservation. Providing undergraduate students effective, learning experiences to develop technical and cultural competency prepares them to address this challenge and become global leaders in their disciplines. A three-year experiential research and extension project brought together 14 students and 10 faculty mentors to investigate smallholder farmers practicing conservation-compatible adjacent to the Vaca Forest Reserve in Belize. We used an agroecological approach to foster systems-level thinking and develop transdisciplinary skills of undergraduate students. Students completed applied individual research projects that explored …

Risk Regulation And Management Against Illegal Wildlife Trade: Europe And America, Olonyi Bosire

Sustainable Development Law & Policy

Introduction

The source or initial crime in the illegal wildlife trade chain is mostly committed beyond the shores of North America and Europe. However, the two regions continue to be massive destination markets and key transit hubs for illegal wildlife products. Illegal trade networks are shadowy and therefore problematic to study. This helps explain the wide valuation of illegal wildlife trade currently estimated by the Global Environment Facility (“GEF”) as ranging between 7 and 23 billion dollars per annum.

Policies and strategies to pre-empt or respond to illegal wildlife trade keep evolving as appreciation grows for the previously underestimated complexities, …

Revisiting Participatory Rural Appraisal (Pra) Related Studies And Exploring Pra's Success Determinants: A Content Analysis, Raquel Garcia-Agustin

Journal of Public Affairs and Development

Participatory Rural Appraisal (PRA) has shown that participation in development programs in poor communities can be empowering not only for the community members but also for the development workers. However, not all PRAs have seen successes especially in fulfilling their mission to encourage real participation. Hence, it is imperative to understand whether PRA has led to adequate understanding of indigenous perspective to call for action and the interest PRA serves. This analysis aims to provide critical insights and reflections from the experiences of previously conducted PRAs. It further aims to reveal whether PRAs were used effectively and successfully according to …