Laporkan Masalah

Pengembangan pengaturan hukum dan kelembagaan pencemaran laut oleh sumber dari darat di kawasan Asia Tenggara

TRIATMODJO, Marsudi, Prof.Dr. Koesnadi Hardjasoemantri, SH.,ML

2001 | Disertasi | S3 Hukum

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Based on the cognizance of the problem of land-based marine pollution (LBMP) which occurred in the Southeast Asian region, this dissertation is written to seek to exarnine the possibility of developing legal regulation and institution for controlling the problem. In doing so, question problems are formulated as follows: is it necessary for the States of the Southeast Asian region to formulate a treaty on the protection of marine environment against LBMP? Then, what kind of concept of legal regulatory and institutional arrangements on LBMP problems that could be better developed in the Southeast Asian region, including its developmental pattern or di- rection, whether the respective treaty be developed within or outside the United Nations system? ln writing this dissertation, the research was conducted by implementing descriptive» explorative method. Data and information were mainly gathered through library research. While library research had been employed for scrutinizing and reviewing various sources that directly or indirectly related to the questions mentioned above, discussions and interviews with competent experts on the research subject had also been conducted for checking and collecting additional data and information. As a normative legal research, data analysis used qualitative method and abstract-theoretic approaches. The data were collected, selected and arranged in a framework, and then compared and interpreted for answering the respective research issues. The result of the study shows that it is necessary for the States of the Southeast Asian region to formulate a treaty on LBMP because the existing documents are not sufficient for protecting marine environment against LBMP. Almost all of the existing were concluded in the- forrn of 'soft law' that do not have legal binding character. Besides, international laws, especially Arr. 197 LOS-1982, says that efforts to formulate a treaty on LBMP is an obligation that should be conducted by States in a certain region. The. study also shows that if States in this region do not carry on these efforts, there is apprehension that the 'tragedy of the common' would likely to happen in this region, not only in the context of 'puttingsomething out' of its natural resources but also 'putting something in' of LBMP problem. Meanwhile, the concept of legal regulatory and institutional arrangements on the protection of marine environment against LBMP problem that could be develOped in this region is a concept elaborated from the existing sources of international law. The selection and fonnulation of which is conducted by considering the factual condition and in accordance with the intention ”and commitment of States in this region. The direction and the pattern of the treaty development are recommended to be fonnulated within the auspices of the ASEAN cooperation framework. However, it should be coordinated with UNEP because this region has been included in the UNEP East Asian Seas Regional Progran'zme. Finally, the result of the study could offer recommendations on the formulation of the legal regulatory and institutional arrangements for the protection of marine environment against LBMP problems in this region. As a stand point for its realization, it is recommended that the common interests' be formulated as efforts for bringing into being the 'equilibrium and harmony of the region'; meanwhile, theetreaty could possibly better concluded in the form of a 'protocol' of the l985 Kuala Lumwr Agreement. Besides, the result of the study has also offered recommendations on the formulation of the treaty*s dispositive clauses, such as articles on area of cooperation (geographical coverage); definition of LBMP; general obligation; category of the pollutant substances; technical rules; obligation to co-operate; law enforcement; and institutionm arrangements.

Kata Kunci : Hukum Lingkungan,Pencemaran Laut


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