Environmental / Energy Law

Regulating Disasters, Climate Change And Environmental Harm Lessons from the Indonesian Experience

Edited by Michael Faure · Andri Wibisana
Edward Elgar Publishing October 2013

Specifications

ISBN-13
9781781002483
Publisher
Edward Elgar Publishing
Publication
October 2013
Format
Hardback , 528 pages
Jurisdiction
Indonesia ? Countri(es) for reference only

Details

This book deals with questions concerning the regulation of disasters, climate change and environmental harm in developing countries, focusing on the particular case of Indonesia and addressing regulatory problems from a multidisciplinary perspective.

The contributing authors deal with issues of globalization and especially the question of how globalization affects environmental harm – for example, examining how climate change is regulated in developing countries. Particular attention is paid to the programme for reducing emissions from deforestation and forest degradation (REDD+) and to the effectiveness of the clean development mechanism. Specific focus is also given to the regulation of disasters and the question of how victims of disasters can be compensated. The book considers issues of decision-making and public participation in decisions with respect to environmentally hazardous activities and finally, attention is also paid to the question of how indigenous knowledge and ‘local wisdom’ can be incorporated in environmental decision making in developing countries. Important conclusions are drawn about how reliable institutions and instruments can be developed to guarantee decision-making which reduces the risks emerging from environmental degradation, climate change or disasters in that public interest. Recommendations are formulated to take into account the specific challenges and problems that developing countries are facing when proposing particular instruments or institutions.

Providing a multidisciplinary perspective, this book will appeal to environmental lawyers, environmental policy makers, civil servants with competence for disasters, environmental decision making or climate change, and environmental economists.

Table of Contents

Introduction
Michael Faure and Andri Wibisana

PART I: GLOBALISATION
1. Impacts of Globalisation to Environment, Health and Safety in Developing Countries: The Case of Indonesia
Gede Eka Sarjana

2. Promoting Food Safety through Legal Measures in Developing Countries: Experiences from EU Food Safety Regulation
Ellen Vos

3. Think Globally, Sue Globally. The Exxon Mobil Case in Indonesia
Leïla Choukroune

PART II: CLIMATE CHANGE
4. A Critical View on the Indonesia’s Legal Responses to Climate Change
Andri Wibisana

5. REDD+ in Indonesia. Law & Governance Perspectives
Mas Achmed Santosa and Josi Khatarina

6. Local Elections and Deforestation in Local Areas: Another Challenge for Indonesia in the Fight Against Climate Change
Deni Bram

7. ‘Clean Development Mechanism’ or ‘Community Doesn’t Matter’? The Role of Public Consultation to Achieve Sustainable Development through CDM in Indonesia
Tiza Mafira

8. The Need for Breaking New Ground in the Realm of Climate Change
Jaap Spier

PART III: COMPENSATION FOR DISASTERS
9. Towards Effective Compensation for Victims of Natural Catastrophes in Developing Countries
Michael Faure

10. The Myths of Environmental Compensation in Indonesia: Lessons from the Sidoarjo Mudflow
Andri Wibisana

PART IV: DECISION-MAKING
11. The Precautionary Principle in Wildlife Law – Theoretical Disputes and Practical Solutions
Chris Backes

12. Law and Politics of Nuclear Power Plant Development in Indonesia: Technocracy, Democracy, and Internationalisation of Decision-Making
M. Ajisatria Suleiman

PART V: LOCAL WISDOM
13. The Responsibility of the Customary Village Concerning the Sustainable City Forest
Wayan Wiasta, Wayan Gde Wiryawan, Nyoman Edi Irawan and Dewi Bunga

14. Revitalization of the Kewang Institute in the Sustainable Management of Marine and Coastal Natural Resources in Maluku Province
Revency Vania Rugebregt

PART VI: CONCLUSION
Concluding Remarks
Michael Faure and Andri Wibisana

Index

About the Author

Michael Faure, Professor of Comparative and International Environmental Law, Maastricht University and Professor of Comparative Private Law and Economics, Erasmus University Rotterdam, The Netherlands and Andri Wibisana, Universitas Indonesia

Reviews

‘Legal issues are often invisible in emergencies, yet their existence can often make the difference. By exploring the role that both traditional and innovative regulatory instruments may play in preventing and mitigating disasters, climate change and environmental problems, this volume represents a welcome addition to the emerging scholarship in disaster law. In choosing Indonesia as the privileged focus of study, this book does not only set the standard for innovative regulatory scholarship but also for cutting-edge, collaborative North-South academic projects.’
– Alberto Alemanno, HEC Paris, France and Editor, European Journal of Risk Regulation

‘This book provides a compelling view of the emerging system of environmental law in Indonesia, the world’s fourth most populous country and one of its most rapidly developing. Whilst Indonesia owes its legal traditions to Dutch civil law, a vibrant community of Indonesian environmental law scholars, many of whom are represented in this volume, has helped forge distinctive approaches to environmental regulation. With contributions also by leading European scholars, this is a significant addition to the existing literature on comparative studies in environmental law.’
– Rob Fowler, IUCN Academy of Environmental Law 

‘In Regulating Disasters, Climate Change and Environmental Harm Michael Faure and Andri Wibisana bring together insightful analyses of how developing countries can manage serious hazards. Natural disasters have long been threats to developing countries, but now climate change is increasing many risks and posing new challenges. Using Indonesia as a case study, the volume explores issues of risk mitigation and compensation that many other countries also face.’
– Daniel Farber, University of California, US

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