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Journal : Sriwijaya Law Review

The Impact of the Development of Trade Practices on Enforcement of International Environmental Law Birkah Latif; Syamsuddin Muhammad Noor; Juajir Sumardi; Irwansyah Irwansyah
Sriwijaya Law Review VOLUME 3 ISSUE 2, JULY 2019
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol3.Iss2.226.pp137-151

Abstract

The issue of trade and environment is always debatable. Degradation and damaging to the environment surge the countries in making comprehensive and multi-approach planning. This is based on the view that trade should not only count for profit but also carry out calculations and planning for the impacts and conditions when the business is carried out and after completion. The purpose of this paper is to find out whether the environment causes trade not to be carried out and to end economic growth and there is a solution to balance the environment and trade as prevention in both fields through environmental protection legal instruments. The first issue showed that trade that used to be a source of income that is the main target of countries, nevertheless, the unwise planning and also corrupt cases has made the trade become the trigger for environmental damage. This condition caused by a lack of awareness in law enforcement and even various corruption issues causing trade to become a threat, especially for the environment. The second issue arises, which is the mechanism in balancing trade and the environment to preserve the environment and encourage the country's economic growth by optimizing the implementation of environmental protection laws. This paper uses normative legal research methods by collecting data derived from the literature, legislation, articles, and cases that occur within countries. The result shows that more states and stakeholder using more technique on achieving a balance of trade and environment protection, with a pro-environment calculation, it is expected that trade will be carried out in parallel with environmental preservation.
RESEARCH-BASED ENVIRONMENTAL LAW: THE DEBATE BETWEEN ECOLOGY VERSUS DEVELOPMENT Irwansyah Irwansyah
Sriwijaya Law Review VOLUME 1, ISSUE 1, JANUARY 2017
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol1.Iss1.8.pp044-066

Abstract

Nowadays, economic growth continues to be driven not followed by equity and justice compliance.Cases of natural resources looting, pollution and environmental destruction, forest fires and illegal mining, as well as the neglect of the rights of indigenous peoples, into a series of major issues and need study are not limited to mono-discipline approach. A research in the field of management and protection of natural resources and environment are more important to be used as a basic study was a paradigm shift from all stakeholders and policy-makers to synergize the importance of ecological with various dimensions. To realize the balance of ecological and development (economic) interests, have been used a wide variety of approach to environmental management in Indonesia, includes, command and control, self-regulation, voluntarism, education and information instruments, and economic instruments. As it turns out in practice, however it needed more consistent policies in applying the principles of sustainable development for the control and utilization of environmental resources.