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"Indonesian Journal of Environmental Law and Sustainable Development "
Published by Universitas Negeri Semarang
ISSN : -     EISSN : 28299590     DOI : https://doi.org/10.15294/ijel
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Indonesian Journal of Environmental Law and Sustainable Development (ISSN Online 2829-9590 ISSN Print 2829-9582) is an open access double-blind peer-reviewed journal published by the Faculty of Law, Universitas Negeri Semarang and managed by Conservation Studies Center Faculty of Law Universitas Negeri Semarang and Environmental and Forestry Law Clinic.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 3 No. 2 (2024): July-December, 2024" : 5 Documents clear
Can the International Court of Justice Shape Global Climate Action Through Law, Authority, and Accountability? Novita, Anik; Lestari, Eky; Sanni, Tajudeen; Srisawat, Kanya; Min, Zhang; Arifin, Ridwan
Indonesian Journal of Environmental Law and Sustainable Development Vol. 3 No. 2 (2024): July-December, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v3i2.40213

Abstract

Climate change presents an unprecedented challenge to the international legal order, raising urgent questions about responsibility, compliance, and enforcement. This article examines whether the International Court of Justice (ICJ) can meaningfully shape global climate action through its legal authority and judicial functions. It analyzes the Court’s potential role in clarifying states’ obligations under international law, particularly in relation to environmental protection, human rights, and the principle of due diligence. By assessing both contentious cases and advisory opinions, the article explores how the ICJ may influence state behavior even in the absence of direct enforcement mechanisms. The study situates the ICJ within the broader framework of international climate governance, including treaties such as the United Nations Framework Convention on Climate Change and the Paris Agreement. It evaluates how the Court’s interpretations of customary international law, state responsibility, and transboundary harm could contribute to greater legal accountability for climate-related conduct. Particular attention is given to the growing momentum behind climate litigation and recent initiatives seeking advisory opinions on states’ climate obligations. While acknowledging institutional limitations—such as jurisdictional constraints, state consent, and political resistance—the article argues that the ICJ possesses significant normative power. Its judgments and opinions can shape legal discourse, influence domestic courts, and strengthen the legitimacy of climate obligations under international law. Ultimately, the article contends that the ICJ can play a transformative, though indirect, role in global climate action by reinforcing legal standards, enhancing accountability, and contributing to the development of a coherent international response to climate change.
Who Pays for Climate Loss and Damage? State Obligations Under International Law Explained Damanik, Yeriko Anugrah Pratama; Sudibya, Dafa Pranaja Sarwahita; Wicaksono, Sonny Saptoajie; Abidah, Shofriya Qonitatin; Masyhar, Ali; Wulandari, Cahya; Wilson, Jack Andrew; Rahman, Aisha Nur
Indonesian Journal of Environmental Law and Sustainable Development Vol. 3 No. 2 (2024): July-December, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v3i2.40214

Abstract

Climate change has intensified debates over responsibility for loss and damage suffered by states and communities most vulnerable to its impacts. Rising sea levels, extreme weather events, ecosystem degradation, and economic disruption have generated irreversible harms that cannot be addressed solely through mitigation and adaptation. This article examines the central question of who should bear responsibility for climate-related loss and damage under international law, with a particular focus on the obligations of states. It analyzes the legal foundations of state responsibility, including principles of common but differentiated responsibilities (CBDR), equity, due diligence, and the prevention of transboundary harm. The study situates loss and damage within the framework of key international instruments such as the United Nations Framework Convention on Climate Change, the Paris Agreement, and decisions of the Conference of the Parties, including the establishment of mechanisms addressing loss and damage. It explores how customary international law and emerging climate jurisprudence contribute to clarifying states’ duties, particularly in relation to historical emissions, capacity to respond, and the protection of vulnerable populations. The article also considers the role of compensation, financial assistance, and international cooperation as potential expressions of legal and moral accountability. While international law does not yet provide a comprehensive or enforceable regime for climate loss and damage, the analysis demonstrates that evolving legal norms increasingly recognize differentiated state obligations. The article argues that developed states, due to their greater historical contributions to climate change and superior resources, bear heightened responsibilities to support affected states through finance, technology transfer, and capacity-building. Ultimately, the paper concludes that addressing climate loss and damage requires strengthening legal accountability while fostering equitable cooperation to ensure climate justice and sustainable development for present and future generations.
Illegal Fishing in the Natuna Sea: How UNCLOS 1982 Shapes Law Enforcement Between Vietnam and Indonesia Scoornova, Purnandya Arya Aji; Lubis, Muhammad Ikhsan; Qoiri, Mutmainah Nur; Ahmad, Nurul Hidayah Binte; Yifan, Liu; O’Connor, Liam James
Indonesian Journal of Environmental Law and Sustainable Development Vol. 3 No. 2 (2024): July-December, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v3i2.40215

Abstract

Illegal, unreported, and unregulated (IUU) fishing poses a significant threat to marine ecosystems, coastal livelihoods, and regional security, particularly in the strategically important Natuna Sea. This paper examines how the United Nations Convention on the Law of the Sea (UNCLOS) 1982 provides the legal framework for addressing illegal fishing activities and shaping law enforcement strategies between Vietnam and Indonesia. The study analyzes the obligations of coastal and flag states under UNCLOS, focusing on exclusive economic zones (EEZs), sovereign rights over marine resources, and the responsibilities to prevent, deter, and penalize IUU fishing. Through a case study approach, the article explores specific incidents involving Vietnamese fishing vessels operating in Indonesia’s EEZ around the Natuna Sea. It assesses how Indonesia has leveraged UNCLOS provisions, alongside domestic maritime law, to assert sovereignty, enforce regulations, and protect marine resources. The study also highlights challenges in enforcement, including jurisdictional ambiguities, resource constraints, and diplomatic tensions that complicate bilateral and regional responses. The analysis demonstrates that while UNCLOS 1982 establishes clear legal standards for maritime governance, its effectiveness depends on coordinated law enforcement, regional cooperation, and the integration of domestic and international legal mechanisms. The paper argues that addressing illegal fishing in the Natuna Sea requires not only adherence to UNCLOS but also proactive diplomatic engagement, capacity-building, and multilateral cooperation within Southeast Asia. Ultimately, the study concludes that UNCLOS serves as both a legal foundation and a practical tool for promoting sustainable fisheries management, strengthening maritime security, and mitigating conflict between Vietnam and Indonesia in the Natuna Sea.
Power, Resources, and Justice: Evaluating International Courts in Settling Transboundary Natural Resource Conflicts Wijayanti, Aprilia; Fikri, Wildan Azkal; Purnomo, Didik; Kusuma, Bagus Hendradi; Sumardiana, Benny
Indonesian Journal of Environmental Law and Sustainable Development Vol. 3 No. 2 (2024): July-December, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v3i2.40216

Abstract

Transboundary natural resource disputes—ranging from water rights and mineral extraction to fishing zones—pose complex challenges to the international legal system, often threatening regional stability, economic development, and diplomatic relations. This paper evaluates the effectiveness of international courts in resolving such disputes between sovereign states, focusing on how legal principles, judicial authority, and enforcement mechanisms interact to manage conflicts over shared resources. By examining case studies from the International Court of Justice (ICJ), arbitral tribunals, and other relevant judicial bodies, the study assesses both successes and limitations in achieving equitable and sustainable outcomes. The analysis highlights key factors that influence the effectiveness of international adjudication, including the clarity of legal norms, the willingness of states to submit to jurisdiction, the availability of evidence, and the political and economic stakes involved. While international courts have demonstrated the ability to provide neutral platforms, clarify legal obligations, and shape normative expectations, enforcement challenges and state resistance often limit their practical impact. Moreover, complex scientific, environmental, and technical issues can complicate judicial decision-making, particularly in disputes over shared watercourses, fisheries, and transboundary natural resources. Despite these challenges, the paper argues that international courts play a critical role in promoting accountability, preventing escalation, and guiding cooperative resource management. The study concludes that while courts cannot guarantee compliance or resolve all conflicts, their jurisprudence significantly contributes to the development of international law, offers frameworks for negotiation, and encourages peaceful, rules-based resolution of disputes. Strengthening legal frameworks, promoting regional cooperation, and enhancing compliance mechanisms are essential to maximize the impact of judicial intervention in resource conflicts.
The Paris Agreement in Crisis: Legal and Environmental Consequences of the US Withdrawal Wulandari, Putri Ayu; Aisyah, Nandhyra Syafa Nur; Buchori, Najwa Iqlima Azalia; Istiqomah, Nurul; Hardisafitri, Katlea
Indonesian Journal of Environmental Law and Sustainable Development Vol. 3 No. 2 (2024): July-December, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v3i2.40217

Abstract

The United States' withdrawal from the Paris Agreement in 2017 created a significant impact on the international environmental legal order. As one of the largest carbon-emitting countries and a global leader, this decision sends a negative signal to other countries regarding the collective commitment to combat climate change. This article analyzes the domino effect that the move has had on countries' compliance with international environmental agreements. Using a normative approach and policy analysis, the research highlights how the US action affected the legitimacy and legal binding power of the Paris Agreement. The study finds that the US withdrawal weakened developing countries' incentives to comply with agreed emissions targets, given the absence of promised financial and technological support. Moreover, it exacerbates the trend of “free-riding,” where some countries are reluctant to contribute fully due to a lack of example from developed countries. On the other hand, the article also notes the positive response from non-state actors, such as local governments and multinational corporations, who are committed to furthering the goals of the Paris Agreement even without US federal support. The article concludes with recommendations to strengthen the international environmental legal framework to make it more adaptive to global political dynamics. In this way, the sustainability of such agreements depends not just on one country but on the collective commitment of the entire international community.

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