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Discourse Enterprise in Natural Resource Management for the Common Heritage of Mankind Syofyan, Ahmad; Natamiharja, Rudi; Aida, Melly; Aini, Desy Churul; Daryanti, Daryanti; Januarti, Rasti Putri
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Common Heritage of Mankind (CHM) is a principle in which all entities can manage the natural resources that exist in the world and must share the benefits of their exploitation with other entities for the common good. However, the principle of CHM has not been structurally and legally regulated in space. The enthusiasm about ‘infinite natural wealth’ that space and seabed mining can produce, particularly in developing countries, means that they can benefit from the activities carried out in order for their regional and mineral resources to be declared as the heritage of mankind. The hypothesis obtained from this research will explore the principles of rules for the management of exploration and exploitation in general of natural resources by international enterprise within the CHM regime and analyze the need to establish management enterprise and international authorities/ organization to manage natural resource exploitation activities as a common heritage. Finding and formulating the urgency of the formation of a business entity and finding a suitable formulation of principles for managing the results of natural resource exploitation activities with international organizations in CHM for international enterprise as business actors who are obliged to have ideas about the mechanisms and procedures in managing Space that has brought out for the exploration and exploitation of the common heritage of mankind. The idea in the International Statute could be the basis for adding a new norm in international law.
Corporation’s Liability on Illegal Dumping’s Impact on Climate Change according to the UNFCCC and its Implementation in Indonesia Patra, Elma Eddy; Aida, Melly; Bing, Jean-Baptiste; Davey, Orima Melati
JASSP Vol. 2 No. 1 (2022)
Publisher : LPPM Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23960/jassp.v2i1.46

Abstract

Corporation illegal dumping’s impact on climate change illustrates that corporate economic crime in the environmental field (waste disposal) has a broad effect yet no significant correlation. If this correlation is adequately studied, it can contribute to enforcing legal accountability and optimizing efforts to reduce climate change. To see this correlation, it is necessary to ask whether a corporation has an economic interest that is fought for in disposing of waste irresponsibly and whether parties whose economic interests are harmed. As one of The United Nations Framework Convention on Climate Change (UNFCCC's) members, Indonesia is a country that predominantly relies on its natural resources, while climate change is very detrimental to nature. This research is normative-juridical research which uses secondary type data. Research shows that The UNFCCC does not explicitly prohibit illegal dumping, but it does specify waste management guidelines that are not hazardous to the environment or public safety. Indonesia has ratified the UNFCCC instrument by through Law No. 6 of 1999. From this ratification, Indonesia's effort to reduce illegal dumping is seen through Environmental Protection and Management Plan, Strategic Environmental Studies, and Government Regulation no. 47 of 2012 concerning Social and Environmental Responsibility of Limited Liability. The economic interest of a corporation that illegally dumps is to avoid spending money because the procedure of adequate waste management is high cost.