This book asks whether environmental law and policy in developed countries can be successfully transferred to developing countries. It questions whether developing countries are indeed ready and able to implement new ideas from the developed world, such as the integration of environmental law, and use of market-oriented instruments.
The authors draw insights from the case of Indonesia, where they have experience of drafting environmental legislation, and which is itself in the early stages of development. Through these insights they seek to understand why environmental law that has been well developed in theory, can in practice be difficult to monitor and adequately enforce. Indeed, a further question central to the book is why developing environmental law does not necessarily result in an efficient environmental policy. Taking a comparative perspective, and using a multi-faceted methodology that draws on constitutional and administrative law, human rights law, criminal and liability law and international law, as well as law and economics, the authors conclude with an outline of some of the lessons that can be learnt by other jurisdictions seeking to develop environmental law.
Lawyers, environmental engineers and social scientists involved in environmental law and policy in developing countries will find much to interest them in this book, as will those concerned with development studies or with a particular interest in the case of Indonesia.
Edited by Michael Faure, Professor, Maastricht University and Erasmus School of Law, the Netherlands and Chairman of the Flemish High Council of Environmental Enforcement (VHRM), Brussels, Belgium and Nicole Niessen, Boels Zanders Advocaten, the Netherlands
Contents: 1. Introduction Michael Faure and Nicole Niessen 2. Human Rights and General Principles and their Importance as a Legislative Technique. Do They Matter in Legislation? An Analysis with Specific Reference to Environmental Protection Aalt Willem Heringa 3. Three Principles of Environmental Law: The Polluter-Pays Principle, the Principle of Prevention, and the Precautionary Principle Andri G. Wibisana 4. The Implications of International Conventions for the Development of the Environmental Management Act Daud Silalahi 5. Elaborating on Integration of Environmental Legislation: The Case of Indonesia Marjan Peeters 6. Toward Integrated Environmental Law: Indonesian Experiences So Far and Expectation of a Future Environmental Management Act Takdir Rahmadi 7. Decentralized Environmental Management Nicole Niessen 8. Supervision and Enforcement in the Law Concerning Environmental Management, Law No. 23 of 1997 Frits Stroink 9. Towards a New Model of Criminalization of Environmental Pollution: The Case of Indonesia Michael Faure 10. Economic Instruments: Suited for Developing Countries? Michael Faure, Marjan Peeters and Andri G. Wibisana 11. Towards Effective Environmental Legislation in Indonesia? Michael Faure and Nicole Niessen 12. Appendix Index