Unclos, Undrip & Tartupaluk: The Grim Tale Of Hans Isle And Graense,
2023
American University Washington College of Law
Unclos, Undrip & Tartupaluk: The Grim Tale Of Hans Isle And Graense, Christopher Mark Macneill
Sustainable Development Law & Policy
“Inuit have lived in the Arctic from time immemorial.” The Arctic, in the face of climate change, has become a hot spot for exploration, resource extraction, and increased shipping and scientific activity. “[The] Inuit . . . have had a common and shared use of the sea area and the adjacent coasts” among their own communities, and contemporaneously with the world. This vast circumpolar Inuit Arctic region includes land, sea, and ice stretching from eastern Russia (Chukotka region) across the Berring Strait, to Alaska, the Canadian Arctic, and Greenland, representing an Inuit homeland known as Nunaat. Hans Isle, a small …
The Great Climate Migration: A Critique Of Global Legal Standards Of Climate-Change Caused Harm,
2023
American University Washington College of Law
The Great Climate Migration: A Critique Of Global Legal Standards Of Climate-Change Caused Harm, Mariah Stephens
Sustainable Development Law & Policy
Approximately 2.4 billion people, or about forty percent of the global population, live within sixty miles (one hundred kilometers) of a coastline. The United Nations (“U.N.”) determined that “a sea level rise of half a meter could displace 1.2 million people from low-lying islands in the Caribbean Sea and the Indian and Pacific Oceans, with that number almost doubling if the sea level rises by two metres.” The U.N. also reports that “sudden weather-related hazards” have internally displaced an annual average of 21.5 million people since 2008. Within the next few decades, this number is likely to continue to increase. …
The Future Of Crypto-Asset Mining: The Inflation Reduction Act And The Need For Uniform Federal Regulation,
2023
American University Washington College of Law
The Future Of Crypto-Asset Mining: The Inflation Reduction Act And The Need For Uniform Federal Regulation, Liz Guinan
Sustainable Development Law & Policy
Crypto-asset mining is energy-intensive and environmentally harmful, presenting challenges and opportunities for federal, state and local governments, regulators, and society as a whole. As of December 2021, the United States has thirty-eight percent of the global crypto network hash rate, which is the total amount of computational power used to mine and process crypto transactions, making the United States the world’s largest crypto-asset mining industry. The total electricity consumption of crypto-asset mining in the United States is estimated to be around 121.36 terawatt-hours (“TWh”) per year, which is equivalent to the electricity consumption of approximately 10.9 million households in the …
Editors' Note,
2023
American University Washington College of Law
Editors' Note, Rachel Keylon, Meghen Sullivan
Sustainable Development Law & Policy
For more than two decades, the Sustainable Development Law and Policy Brief (“SDLP”) has published works analyzing emerging legal and policy issues within the fields of environmental, energy, sustainable development, and natural resources law. SDLP has also prioritized making space for law students in the conversation. We are honored to continue this tradition in Volume XXIII.
Klinik Hukum: Sebuah Pendekatan Praktis,
2023
Faculty of Law, University of Indonesia
Klinik Hukum: Sebuah Pendekatan Praktis, Satjipto Rahardjo
Jurnal Hukum & Pembangunan
No abstract provided.
The Constitution Of Japan,
2023
Faculty of Law, University of Indonesia
The Constitution Of Japan, Harun Alrasjid
Jurnal Hukum & Pembangunan
No abstract provided.
Federal Environmental Justice Legislation And Regulations,
2023
Barry University
Federal Environmental Justice Legislation And Regulations, Nadia B. Ahmad
Faculty Scholarship
No abstract provided.
Urgensi Pendidikan Camat Selaku Ppat Sementara Dalam Mencapai Nilai Keadilan,
2023
Universitas Diponegoro Semarang
Urgensi Pendidikan Camat Selaku Ppat Sementara Dalam Mencapai Nilai Keadilan, Sulkifli Sulkifli, Naily Fadhilah
Jurnal Hukum & Pembangunan
The position of PPAT in its implementation does not rule out the possibility of a vacancy due to the vast territorial area of Indonesia, so that a temporary PPAT is needed, in this case the sub-district head or village head. Temporary PPAT generally has the same duties and authority as PPAT. However, in practice, in carrying out their duties and authority they often make mistakes. This is because not all sub-district heads appointed as temporary PPATs have a legal education background or knowledge about PPATs. The purpose of writing this article is to understand the process of appointing a sub-district …
Perbandingan Sistem Pemilihan Untuk Indonesia Yang Majemuk (Komparasi Dengan Sistem Chile Dan Amerika Serikat),
2023
University of Jember, Indonesia
Perbandingan Sistem Pemilihan Untuk Indonesia Yang Majemuk (Komparasi Dengan Sistem Chile Dan Amerika Serikat), Yulvia Chandra Cipta, Rosita Indrayati, Intan Permata Putri
Jurnal Hukum & Pembangunan
General elections, including the election of president and vice president, legislative members and other regional election, are a manifestation of democracy and the basic principles of the nation in Pancasila and the 1945 Constitution of the Republic of Indonesia. Indonesia currently adheres to an open proportionality election system. As time goes by and many changes occur, the electoral system adopted by Indonesia has many shortcomings, and various problems are also faced, such as identity politics and kinship politics. Based on the many differences in electoral systems in the world, the author examines two other countries, namely Chile and the United …
Putusan Ultra Petita Penanganan Kasus Korupsi Menurut Perspektif Hakim,
2023
Universitas Atma Jaya Yogyakarta
Putusan Ultra Petita Penanganan Kasus Korupsi Menurut Perspektif Hakim, Y.Sri Pudyatmoko, G. Aryadi
Jurnal Hukum & Pembangunan
This research aims to obtain an overview of ultra petita decisions in corruption cases from a law enforcement perspective. The method used in this research is a normative legal research method, using a case approach. The research was conducted by analyzing the views of several judges regarding ultra petita decisions in corruption cases. The research results show that judges in handling corruption cases refer to regulations from the Supreme Court. In accordance with these guidelines, judges use comprehensive considerations in making decisions. According to the judge in the ultra petita decision against a convict in a corruption case, something like …
Ketentuan Tpks Dalam Kuhp Baru,
2023
SHAPE-SEA Mahidol University
Ketentuan Tpks Dalam Kuhp Baru, Leony Sondang Suryani, Ahmad Ghozi
Jurnal Hukum & Pembangunan
Isu kekerasan seksual terus berkembang sebagaimana perkembangan kejahatan terkait kekerasan seksual. Hal ini dilatarbelakangi oleh semakin maraknya kasus-kasus kekerasan seksual di Indonesia. Untuk menjawab permasalahan ini, maka dibentuklah UU TPKS sebagai solusi dari maraknya kekerasan seksual di Indonesia. Dalam UU TPKS tidak hanya berfokus pada korban perempuan dari tindak pidana kekerasan seksual, tetapi mencakup juga yang disebut kelompok rentan. Namun demikian, reformasi Hukum Pidana Indonesia mengenal adanya KUHP baru yang di dalamnya dimuat prinsip-prinsip penting dalam perumusan eperti rekodifikasi terbuka, prinsip Keseimbangan, dan prinsip lain yang relevan dalam penyusunan KUHP Indonesia. KUHP juga sudah mengadopsi nilai-nilai yang ada dalam konvensi-konvensi …
Analisis Hukum Interrnasional Terhadap Allowable Catch Dalam Upaya Pencegahan Praktik Overfishing Dan Penerapannya Di Indonesia,
2023
Universitas Andalas
Analisis Hukum Interrnasional Terhadap Allowable Catch Dalam Upaya Pencegahan Praktik Overfishing Dan Penerapannya Di Indonesia, Jemie Devano Zunit, Zimtya Zora
Jurnal Hukum & Pembangunan
The sea has a huge amount of potential. With an abundance of fish and very wonderful biodiversity. However, nowadays there are many irresponsible individuals who overexploit the biological riches in the sea, resulting in overfishing. Overfishing is a method of excessive fishing which will have an impact on a drastic and continuous decline in fish populations which will later lead to extinction. For this reason, we need a way to suppress overfishing, namely the implementation of allowable catch. Allowable catch can be used by coastal states as a management technique to limit fishing in certain areas. This study used normative …
The End Externalities Manifesto: Restatement, Loose Ends, And Unfinished Business,
2023
Vanderbilt University Law School
The End Externalities Manifesto: Restatement, Loose Ends, And Unfinished Business, J.B. Ruhl
Pace Environmental Law Review
Professor J.B. Ruhl observes in his article, “The End Externalities Manifesto: Restatement, Loose Ends, and Unfinished Business,” that Elliott and Esty’s proposal for a rights-centric system of environmental law focuses narrowly on a right to recover compensation for harms to human health caused by pollution. He offers suggestions for implementing that proposal, such as using the concept of ecosystem services to trace how harm to ecosystems can cause harm to human health, and he proposes how Elliott and Esty could extend their rights-centric system to a broader conception of human rights and the environment.
Natural Resource Systems And The Evolution Of Environmental Law,
2023
Pace University
Natural Resource Systems And The Evolution Of Environmental Law, Monika Ehrman
Pace Environmental Law Review
Professor Monika Ehrman provides a pragmatic response to Elliott and Esty’s proposal to end all environmental externalities, which she refers to as an “environmental law moonshot.” She examines the value of transforming environmental law and dreaming big as Elliott and Esty recommend, while discussing the practical considerations of doing so. Her considerations include incentivizing technological advancement, compensating environmentally harmed communities to address systemic issues, and breaking down silos in environmental law.
A Balanced Prescription For More Effective Environmental Regulations,
2023
Vanderbilt University
A Balanced Prescription For More Effective Environmental Regulations, W. Kip Viscusi
Pace Environmental Law Review
Government agencies increasingly base the structure and approval of environmental regulations on a benefit-cost test. For regulations that pass this test, total benefits exceed total costs. Under a benefit-cost framework, the degree of regulatory stringency is set at an economically efficient level whereby the tightness of the regulation is increased up to the point where the incremental benefits equal the incremental costs. Setting regulatory standards to achieve the efficient degree of pollution control does not fully discourage entry into polluting industries, provide compensation to those harmed by pollution, or establish meaningful incentives for effective enforcement. This article proposes that the …
Environmental Law For The 21st Century,
2023
Yale Faculty Account
Environmental Law For The 21st Century, E. Donald Elliott, Daniel C. Esty
Pace Environmental Law Review
In this issue, Professors Elliott and Esty expand on their original proposal and respond to critics.2 They apply their perspectives as practitioners, as well as academics, to develop their vision for environmental law in the 21st century. They establish three legal duties that should apply to entities that release potentially harmful materials into the environment. Professors Elliott and Esty contend that such entities have a duty (1) of research and disclosure to assure the public that any environmental releases are not harmful, (2) to minimize harm if they fail to demonstrate the releases are harmless, and (3) to compensate those …
Introduction,
2023
Pace University
Introduction, Gabriella Mickel, Samantha Blend
Pace Environmental Law Review
No abstract provided.
The Flow Of Power: Addressing Asymmetric Flood Risk In The Upper Valley,
2023
Dartmouth College
The Flow Of Power: Addressing Asymmetric Flood Risk In The Upper Valley, Eric Vr Hryniewicz
Geography Undergraduate Senior Theses
Floods are the most damaging natural disasters in America. Land use change in upland watersheds can increase the probability and severity of floods (Bronstert, Niehoff, & Burger, 2002). When watersheds are divided by political and private property boundaries it leads to a misalignment of incentives in which downstream users lack recourse for upstream land use decisions contributing to flood risk. In this thesis, researchers interrogate the attributes of town officials and towns that determine what motivates town governments to act on flooding and what motivates and enables town officials to collaborate on planning and how do they collaborate in practice. …
Appeal No. 1019: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management,
2023
Case Western Reserve University School of Law
Appeal No. 1019: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2022-231 to 2022-236 (Plug Orders)
Appeal No. 1020: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management,
2023
Case Western Reserve University School of Law
Appeal No. 1020: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2022-231 to 2022-236 (Plug Orders)
