Natural Resources Law Commons^™

Rgensi Meratifikasi Framework Convention On Tobacco Control (Fctc) Dalam Upaya Pengendalian Konsumsi Tembakau Di Indonesia, Fajar Kurniawan

Jurnal Hukum & Pembangunan

The current problem of tobacco consumption has become a global issue that covers almost all aspect of life, both economic, social and community welfare aspects, especially for the health aspects because of the impact of the healt losses they cause. Cigarette consumption in Indonesia continues to experience a significant increase. Indonesia is the thrid country with the highest number of smokers in the world. Global tobacco consumption control has been stated in Framework Convention on Tobacco Control (FCTC) since 2003, but until now Indonesia has not ratified that FCTC. As part of the civilization of the international community, it is …

Model Negara Kesatuan Republik Indonesia Di Era Reformasi, Mahmuzar Mahmuzar

Jurnal Hukum & Pembangunan

Article 1 Paragraph (1) of the 1945 Constitution stated that the state of Indonesia shall be a unitary state, with the form of a Republic and in article 37 paragraph (5) is affirmed that the form of the unitary state of the Republic of Indonesia may not be amended. There are two kinds of unitary state, namely unitary state with centralistic system and unitary state with decentralized system. The unitary state with decentralized system has five variants, namely; (1) unitary state with centralized decentralized system; (2) unitary state with decentralized system that decentralistic; (3), unitary state with proportional decentralized system; …

Ecosystem Approach To Salmon Mariculture: Charting Law And Policy Coordinates From Theory, International Law, And State Practice, M Cecilia Engler Palma

PhD Dissertations

The Dissertation addresses the legal dimensions of an ecosystem approach to salmon mariculture. Its objective is to identify legal features that support, enable or obstruct the operationalization of an ecosystem approach in the planning and management of the activity. This objective is pursued through three consecutive analyses: theory, international law, and State practice. The Dissertation clarifies the concept of ecosystem approach to aquaculture through a critical analysis of the technical guidelines on ecosystem approach to aquaculture developed by the Food and Agriculture Organization of the United Nations. Building on the broader scholarship on ecosystems and the law, it develops a …

Fishing And Fisheries Under International Water Law: A Dialogue Between Professor Gabriel Eckstein And Professor Paul Stanton Kibel, Gabriel Eckstein, Paul Stanton Kibel

Faculty Scholarship

On April 10 and 11, 2023, the Center on Urban Environmental Law (CUEL) at Golden Gate University School of Law hosted a two-day webinar on International Law Aspects of Fisheries and Hydropower in Europe. To open the webinar, Professor Gabriel Eckstein (of Texas A&M University School of Law) and Professor Paul Stanton Kibel (of Golden Gate University School of Law) participated in a keynote dialogue titled Fishing and Fisheries under International Water Law. What follows is a transcription of this dialogue between Professor Eckstein and Professor Kibel.

Marine Law Symposium: Can Offshore Wind Development Have A Net Positive Impact On Biodiversity? Regulatory And Scientific Perspectives And Considerations April 20-21, 2023, Roger Williams University School Of Law Marine Affairs Institute, The Nature Conservancy

School of Law Conferences, Lectures & Events

No abstract provided.

Ctr. For Biological Diversity V. United States Fish & Wildlife Serv., Ali Stapleton

Public Land & Resources Law Review

The Ninth Circuit Court of Appeals affirmed the District Court of Arizona’s decision to deny a proposed mining plan becuase the operations exceeded the boundaries of a valid mining claim. The issue the court addressed is whether a permanent occupancy of waste rock and tailings on land, absent the discovery of valuable minerals, is a reasonable use related to mining activities. The Ninth Circuit decision effectively prevented mining companies from amending the 1872 Mining Law on the administrative record. Motions for a rehearing and a rehearing en banc were denied.

Species Survival Or The “3s Method”? How The Endangered Species Act Disincentivizes Landowner Cooperation And Threatens The Species It Supposedly Saves, William Edward Mahaffy

Texas A&M Journal of Property Law

The Endangered Species Act (ESA) places restrictions on landowners when their property harbors endangered species. Though well-intentioned as a method of promoting species recovery, these restrictions actually have the reverse effect. Instead of accepting ESA regulations, landowners secretly eliminate endangered species from their property in what is colloquially known as “shoot, shovel, and shut up.” Collaboration between landowners and agencies is essential for species preservation. This Article illustrates the collaboration options, some within the limits of the ESA and others requiring its reform. The four options analyzed are (1) landowner peer review of species listing procedures, (2) congressional clarification of …

A Critical 21st Century Role For Public Land Management: Conserving 30% Of The Nation’S Lands And Waters Beyond 2030, Sandra B. Zellmer, Robert L. Glicksman

Faculty Law Review Articles

The international goal of conserving 30 percent of the world’s lands and water to stave off the ravages of climate change and widespread species extinctions has come to the United States. The Biden Administration’s 30 by 30 Initiative commits the nation to placing 30 percent of its lands and waters in some kind of protected status by 2030. Because a substantial portion of the nation’s land base is owned by the federal government, 30 by 30 goals will be beyond reach if conservation commitments do not cover federal lands and resources. And because nearly 70 percent of the federal lands …

Foreword: Toward A New Compact With Rural America, Anthony F. Pipa

University of Richmond Law Review

The interpretation of United States laws and policies, and the extent to which they obstruct or support rural places and people to take advantage of opportunity, are at the nexus of our nation’s ability to reweave the social fabric and create a new compact between its rural areas and the rest of the country. It requires recognizing our interdependencies, our mutual interests, and our shared humanity. The Articles contained herein get us started—it is incumbent that we build on these contributions to take their ideas forward and provoke new and constructive policy debates.

Rural Bashing, Kaceylee Klein, Lisa R. Pruitt

University of Richmond Law Review

Anti-rural sentiment is expressed in the United States in three major threads. The first is a narrative about the political structure of our representative democracy—an assertion that rural people are over-represented thanks to the structural features of the U.S. Senate and the Electoral College. Because rural residents are less than a fifth of the U.S. population, complaints about this situation are often framed as “minority rule.”

The second thread is related to the first: rural people and their communities get more than their fair share from federal government coffers. The argument, often expressed in terms of “subsidies,” is that rural …

Those Who Need The Most, Get The Least: The Challenge Of, And Opportunity For Helping Rural Virginia, Andrew Block, Antonella Nicholas

University of Richmond Law Review

Rural America, as has been well documented, faces many challenges. Businesses and people are migrating to more urban and suburban regions. The extraction and agricultural economies that once helped them thrive—mining, tobacco, textiles—are dying. And, as we discuss below, residents of rural communities tend to be older, poorer, less credentialed in terms of their education, less healthy, and declining in population.

On a regular basis, political leaders on both sides of the aisle, and on national and state levels, make commitments to rural areas to help improve the quality of life for residents, to listen, and to help. Even with …

Marine Law Symposium: Can Offshore Wind Development Have A Net Positive Impact On Biodiversity? Regulatory And Scientific Perspectives And Considerations, April 20-21, 2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Kepastian Hukum Penyelesaian Sengketa Dengan Klausula Arbitrase Di Mahkamah Agung, Devianty Fitri, Almaududi Almaududi

Jurnal Hukum & Pembangunan

Settling disputes in court can be a time-consuming and exhausting process. Therefore, the availability of arbitration as an Alternative Dispute Resolution (ADR) is one of the efforts to achieve faster solutions and dispute resolutions. However, in some cases in the Supreme Court, there are disputes that contain arbitration clauses in the agreement, yet they are still submitted to court and decided by the court. This research aims to examine the disappearing in-depth study of legal certainty in dispute resolution with arbitration clauses by analyzing several verdicts. The method used in this study is normative juridical with a legislative and case …

Pelestarian Ekosistem: Urgensi Pengaturan Sanksi Pemulihan Bagi Spesies Dalam Kejahatan Terhadap Satwa Liar, Britha Mahanani Dian Utami

Jurnal Hukum & Pembangunan

Law Number 5 of 1990 concerning the Conservation of Natural Resources and Ecosystems has never been revised while the development of science and technology has influenced a paradigm shift in the protection of biodiversity. The proposal of Commission IV of the House of Representatives to propose a revision of Law Number 5 of 1990 was approved in the Plenary Session as a 2021 Priority Bill. However, in the draft Biodiversity Conservation Bill, recovery is still oriented towards the recovery of the area, while not yet regulating recovery for species that are victims of crime. This paper argues that the regulation …

Efektivitas Pelaksanaan Pemberian Pendidikan Formal Bagi Anak-Anak Pengungsi Luar Negeri Di Kota Batam, Rina Shahriyani Shahrullah, Heru Susetyo, Lu Sudirman, Rendi Sahputra

Jurnal Hukum & Pembangunan

The entire responsibility for all children in Indonesia lies with the government, and it extends to all children in Indonesia, not only those who are Indonesian nationals but also includes children who are refugees from foreign countries. One of the fundamental rights regulated by the laws and the Convention on the Rights of the Child ratified by Indonesia is the right to receive appropriate education (formal, non-formal, and informal education). This research aims to analyze the implementation of formal education fulfillment for refugee children in Batam City, especially those accommodated at Hotel Kolekta. Therefore, the research questions are as follows: …

Strategi Burden & Salvage: Formula Yuridik Untuk Terapi Doktrinal, Phobia Pajak Karbon, Herman Bakir

Jurnal Hukum & Pembangunan

This text introduces the burden & salvage doctrine, a formula providing an alternative path to develop a solid lex specialis within the realm of Pigouvian tax. It promotes a type of “juridical therapy” for the Indonesian government to overcome their excessive “fear” of carbon taxes, which had led them to surrender and revoke the program until the end of President Joko Widodo’s tenure Method: Data was gathered online using the World Wide Web’s search features to their fullest potential. Findings: Carbon tax should ideally be established by the legislation of the lex specialis type, characterized by the burden and salvage …

Pandangan John Finnis Mengenai Hukum Yang Tidak Adil, Petrus Ckl Bello

Jurnal Hukum & Pembangunan

Contemporary natural law thinker John Finnis in his book Natural Law and Natural Right published in 1980 differentiates between legal obligations and moral obligations. According to Finnis, legal obligations cannot change, while moral obligations can change, in the sense that when it comes to unjust laws, only the moral obligation to obey the unjust law is extinguished, while the legal obligation to obey the unjust law remains and is binding. For Finnis, natural law theory does not focus on the view that the law is wrong or against moral principles that cannot be called law (lex injusta non est lex), …

Adat As Strategy For Legal Struggle And Legal Mobilization (Adat Sebagai Strategi Perjuangan Dan Mobilisasi Hukum), Yance Arizona

The Indonesian Journal of Socio-Legal Studies

The word "adat" has several different meanings in Indonesia. Adat can be used to describe informal dispute settlement procedures, a habit that keeps repeating itself, or a norm that develops into a code of behavior. Adat is perceived in this article as a narrative and a strategy employed by oppressed groups to fight against various forms of exclusion, particularly in relation to land grabbing for resource extraction and conservation carried out by the state and private sectors. This article will analyze the evolution and distinctions of Adat-based studies and movements in Indonesia during the colonial and national periods. Using existing …

Endnotes

Sustainable Development Law & Policy

No abstract provided.

Using Federal Public Lands To Model A New Energy Future: Why The Biden Administration Should Prioritize Renewable Energy Development On Public Lands, Meghen Sullivan

Sustainable Development Law & Policy

Oil and gas extraction on public lands and waters is responsible for twenty percent of U.S. greenhouse gas emissions. If American public lands were their own country, they would be the fifth-largest greenhouse gas emitter in the world. As of 2020, only twenty percent of total U.S. electricity generation came from renewable energy sources. While renewable energy development on public lands has increased, most renewable energy comes from private lands. However, public lands contain immense renewable energy potential; for example, it is estimated that half of this country’s geothermal resources are found on public lands. Despite underutilized renewable energy potential …