H.Z, Evi Deliana
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Implikasi Willow Project Terhadap Perubahan Iklim Dan Ekosistem Menurut Hukum Lingkungan Internasional Ferry, Jasmine Syifa Rahmadilla; H.Z, Evi Deliana; Diana, Ledy
Jurnal Ilmiah Wahana Pendidikan Vol 11 No 12.A (2025): Jurnal Ilmiah Wahana Pendidikan
Publisher : Peneliti.net

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Abstract

Climate change is one of the main issues in international environmental law that continues to receive global attention. One of the projects in the spotlight is the Willow Project, a fossil fuel exploitation project in the Arctic region that has sparked international controversy. This project is considered to have minimally conducted adequate environmental studies and shows an imbalance between economic interests and environmental protection, thus raising concerns from various parties in the international community. This research uses a normative method with a literature study approach to examine the principles contained in various international environmental law instruments. The research results show that the Willow Project presents major challenges in international environmental law, especially related to climate change mitigation obligations as regulated in the Paris Agreement, biodiversity conservation in the Convention on Biological Diversity (CBD), as well as the principles in the UNFCCC, UNDRIP, UDHR, Rio Declaration, and Stockholm Declaration. In addition, this project also reflects the United States' inconsistency in strengthening international partnerships. The research results show that the Willow Project presents a major challenge to the implementation of international environmental law. Carbon emissions generated during the project's operational period contribute significantly to global climate change, such as melting polar ice and rising sea levels. In addition, the ecological impacts of noise and light pollution also disrupt the life patterns of wildlife, especially endangered species such as polar bears. In addition to impacting the natural environment, the project also poses serious risks to the health of local communities and their right to live in a clean and healthy environment. Therefore, a review of similar projects is needed and stronger enforcement of environmental commitments in international forums.
Analisis Yuridis Putusan Dispute Settlement Body The World Trade Organization Tentang Kebijakan Larangan Ekspor Bijih Nikel Oleh Indonesia Dikaitkan Dengan Prinsip Kedaulatan Negara Maharani, Elika; H.Z, Evi Deliana; Jayakusuma, Zulfikar
Jurnal Ilmiah Wahana Pendidikan Vol 11 No 12.B (2025): Jurnal Ilmiah Wahana Pendidikan
Publisher : Peneliti.net

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Abstract

Dispute Settlement Body (DSB) as a dispute settlement body of the World Trade Organization (WTO) in the trade dispute between Indonesia and the European Union in the case of nickel ore export restrictions loaded by the Indonesian Government through domestic policies. Thus, on 22 November 2019 the European Union officially sued Indonesia to the WTO with violations of Article X, Article XI and could not be justified by Article XI Paragraph (2) point (a) of GATT 1994 and Article XX point (d) of GATT 1994, and the European Union claimed that Article III Paragraph (1) point (b) of the Agreement on Subsidies and Countervailing Measures (SCM) was not consistent. In the end, the Panel granted the EU's lawsuit against Indonesia through the Final Report of the Panel DS592 by recommending Indonesia to cancel the nickel ore export ban policy. The research method in this case uses a normative legal approach. Normative law in this research has two legal sources, namely primary and secondary legal sources. Primary legal sources refer to Dispute Settlement Body Decision Number DS592, the 1994 GATT Agreement, Minister of Energy and Mineral Resources Regulation No. 1 of 2014, and Minister of Energy and Mineral Resources Regulation No. 11 of 2019. Then, secondary legal sources refer to a book by Huala Adolf entitled International Trade Law and a book by Serlika Aprika and Rio Adhitya entitled International Trade Law. The results of this study indicate that the DSB decision through the Final Report of the Panel number DES592 does not have binding legal force for the Indonesian state and will not have any legal consequences on Indonesia's legal sovereignty. Because the decision is considered to have experienced errors in terms of interpreting Indonesia's nickel ore export ban policy in relation to the applicable rules in the GATT 1994. Thus, Indonesia demands that the WTO form an Appealate Body to appeal the DSB decision