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Journal : Amicus Curiae

PENCEMARAN YANG DISEBABKAN OLEH TUMPAHAN MINYAK DARI KAPAL MV. WAKASHIO DI PERAIRAN MAURITIUS DITINJAU DARI HUKUM LINGKUNGAN INTERNASIONAL: Pollution Caused by Oil Spill From MV. Wakashio in Mauritius Waters Viewed From International Environmental Law Erprido Goklas; Amalia Zuhra
AMICUS CURIAE Vol. 2 No. 2 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i2.22861

Abstract

It is the responsibility of the government of a country to take all necessary steps to make sure that activities that are done within its jurisdiction do not cause pollution to other countries.  The role of the MV Wakashio ship as the cause of water pollution in Mauritius. In this research, one legal identification  problem is how the Japanese government is responsible for the transboundary pollution caused by the oil spill from the Bulk Carrier in the waters of Mauritius. This legal research is normative legal research that emphasizes data and information from literature. This study found that the pollution in the waters caused by a leaking bulk carrier that spilled oil in the sea off Mauritius should be held accountable by the Japanese shipping company. Japan has provided appropriate compensation to address marine pollution in accordance with Mauritius's request. This case will be reviewed under the rules of UNCLOS 1982, LLMC 1986, CLC 1992, and the 2001 Bunker Convention.
PERTANGGUNGJAWABAN KANADA ATAS POLUSI UDARA DI KOTA NEW YORK BARDASARKAN CONVENTION ON LONG-RANGE TRANSBOUNDARY AIR POLLUTION 1979: Canada’s Responsibility for Air Pollution in New York City Under the Convention on Long-Range Transboundary Air Pollution 1979 Eugine Vine Okteriani; Amalia Zuhra
AMICUS CURIAE Vol. 2 No. 3 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i3.23993

Abstract

Forest fires have become an annual disaster that continues to occur in various parts of the world. The 2023 forest fires in Canada were considered severe. The 2023 wildfire season in Canada was extraordinary, with more than 5,700 fire incidents having burned 13.7 million hectares by August 16, 2023, since the start of the fire season. The identified issue is whether Canada should be held responsible for air pollution in New York under the 1979 Convention on Long-Range Transboundary Air Pollution (CLRTAP) and whether the measures taken by Canada to address air pollution in New York have been in accordance with the provisions of the 1979 CLRTAP. The method employed is normative legal research, a descriptive-analytical approach that utilizes secondary data, incorporates qualitative data analysis, and employs deductive reasoning. The results of the study indicate that Canada should be held responsible for the air pollution in New York City, as Canada has fulfilled the elements of state responsibility as stipulated by the 1979 CLRTAP, and that Canada’s measures have complied with the convention through international cooperation.
AKTIVITAS WHALING OLEH JEPANG DI KAWASANANTARTIKA BERDASARKAN INTERNATIONAL CONVENTION FOR THE REGULATION OF WHALING (ICRW) 1946: Whaling Activities by Japan in the Antartic Region based on theInternational Convention for the Regulation of Whaling (ICRW) 1946 Dwinanda Audrey; Amalia Zuhra
AMICUS CURIAE Vol. 2 No. 4 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i4.24959

Abstract

The International Convention for the Regulation of Whaling (ICRW) 1946 was established to protect whale populations. Although Japan is a party to the convention, its whaling—originally a cultural practice—has developed into a commercial activity supported by modern technology, with operations expanding into the Antarctic region. This study examines whether Japan’s activities in the Antarctic comply with the ICRW 1946 and how state responsibility should be applied. Using normative legal research with a descriptive-analytical approach and deductive reasoning, the study finds that Japan’s whaling programs, particularly JARPA and JARPA II, violate the provisions of the ICRW because they do not meet the criteria for legitimate scientific research. Consequently, Japan bears responsibility in the form of strict liability, requiring proof of negligence in natural resource management and compensation through restitution.