SlideShare une entreprise Scribd logo
1  sur  10
Télécharger pour lire hors ligne
Proceeding - Kuala Lumpur International Business, Economics and Law Conference 4 (KLIBEL4) 
Vol. 3. 31 May – 1 June 2014. Hotel Putra, Kuala Lumpur, Malaysia. ISBN 978-967-11350-3-7 
 
THE IMPLEMENTATION OF TOGETHERNESS PRINCIPLES IN 
GLOBAL ENVIRONMENTAL PROTECTION REGULATIONS FOR 
STATES 
Dr. Indien Winarwati, S.H., M.H. 
Faculty of Law 
University of Trunojoyo Madura – Bangkalan, Madura, Indonesia 
Email : indien_w@yahoo.com, Tel : +628165426114 
ABSTRACT 
The global environment is the environment as a whole in which ongoing interplay between living 
creatures with their environment. Environmental problems that faced by human is the problems 
from human activities in exploiting their environment. Human provide great opportunities to 
interfere in the process of environmental sustainability, namely by creating various forms of 
technology and apply it in the field of life, but that technology is not only for exploit the nature but 
also damage it. The implementation of technology has shown the other side of its characteristic. 
Various components such as the global ozone layer that suffered a fatal disorder, it poses an 
immediate threat to life supporting components, such as water, air, land and others. Beside that, 
the implementation of space technology has led the international community to deal with various 
crises. Stockholm Declaration of 1972 is the regulation of development and environmental 
protection, as well as a reflection of international public awareness about the interplay between 
development, environmental balance and life. The international community should not only deal 
with the national interest, but they requires the international community to deal with common 
interests. So, for balancing environment and development as a prerequisite for a good life, it needs 
a global environmental protection regulation. In order to implement global environmental 
protection, the international community tried to use the principle of togetherness as a feature of 
international relations. Based on the principles of community expected every state to engage in 
solving global environmental problems. The existence of the principle of solidarity, the States may 
follow up with the cooperation between them, so those states respect each cooperation undertaken 
as a consequence of members of the international community. Thus the principle of unity in the 
international community can be used as a basis to organize the implementation of global 
environmental protection. 
Keywords: The Environmental Law, Togetherness principles, Global environmental protection. 
I. INTRODUCTION 
The development of environmental regulation can not be separated from the worldwide movement 
to give greater attention to the environment, given the fact that the environment has become an 
issue that needs to be addressed together for survival in the world. Each generation should inherit 
the earth in good condition, no damage, so that they receive and utilize them better and every 
generation heir who receives both have an obligation to preserve the inheritance and the right to 
use. Implementation according to Gundling must be done by applying the principles of 
environmental protection by taking into account the state of development and problems that are 
specific to each country and should be applied preventively reduce pollution in the form of
Proceeding - Kuala Lumpur International Business, Economics and Law Conference 4 (KLIBEL4) 
Vol. 3. 31 May – 1 June 2014. Hotel Putra, Kuala Lumpur, Malaysia. ISBN 978-967-11350-3-7 
obligations and perform the redesign of environmentally sound technologies.1 For the basic 
concept of environmental protection is done is a global environmental protection system based on 
the principles applicable in the global ecosystem. 
The global environment is the environment as a whole, which is the container in which life takes 
place interplay between the living and the environment in which his life and there is a relationship 
of mutual dependence is called an ecosystem.2 As a system, the ecosystem will be subject to the 
laws applicable in the system. The process of a system is determined by the quality of each 
component. A process will take a balanced if the quality of each component does not change. 
Equilibrium condition for the stability of the system is a function of each component of the 
system. 
The balance is a condition that is natural and dynamic balance of a balance to the other. That 
change can be drastic or simple nature. Considered an environmental problem occurs, if the 
change goes beyond the ecosystem components. In the process of the global ecosystem, the 
change can be caused by natural processes, such as forest fires, volcanic eruptions, or human 
behavior. Environmental problems faced by humans is due to problems arising from human 
activities in exploiting their environment. Humans provide great opportunities to interfere in the 
natural ecosystem processes, namely by creating various forms of technology and apply it in the 
field of life, but the technology is not only a human creation to exploit nature, but also ruin it . 
Now the application of technology has shown the other side of his nature. Various components 
such as the global ozone layer suffered a fatal disorder, it poses an immediate threat to life 
supporting components, such as water, air, soil and other, even after the Second World War, there 
is a change in the orientation of the international community, namely the application of the 
broadest technology namely space technology, which resulted in the international community to 
deal with various crises. Energy system that is used to support any industrial process and other 
activities resulting in deterioration of water quality, air, soil, and other life supporting element, so 
it will cause the international community to deal with the energy crisis that will ultimately lead to 
the destruction of the ecosystem. 
Based on these facts, the United Nations ( UN ) began thinking about the possibility of organizing 
an international conference on environmental issues, and then created a resolution that affirms the 
importance of concerted action both at national and international levels to address environmental 
problems. In the session of the UN confirms that environmental problems are essentially problems 
are global and therefore absolutel y require new attitudes, responses and new approaches . 
In this regard, the UN General Assembly passed a resolution in 2398 on the United Nations 
Conference on the Human Environment which among other things stated : ... to provide a 
framework for a comprehensive concideration within the United Nations of the problems of the 
human environment in order to focus the attention of the Government and public opinion on the 
importeance and urgency of this question and also to identify those aspects of it that can only or 
best be solved through international cooperation and agreement ... 3 
Based on the resolution of the UN environmental conference held in Stockholm in 1972, the 
conference is oriented on practical measures to protect the environment . The conference resulted 
 
1 Gundling Lothar, dalam Ida Bagus Wyasa Putra, (2003), Hukum Lingkungan Internasional, Perspektif Bisnis 
Internasional, Bandung, Refika Aditama, page. 70 
2 Ibid, page. 55 
3 United Nations General Assembly (UNGA) 43/53 Resolution
Proceeding - Kuala Lumpur International Business, Economics and Law Conference 4 (KLIBEL4) 
Vol. 3. 31 May – 1 June 2014. Hotel Putra, Kuala Lumpur, Malaysia. ISBN 978-967-11350-3-7 
in a declaration, the 1972 Stockholm Declaration ( Declaratoin of the United Nations Conference 
on the Human Environment ), which contains 26 principles of management and environmental 
protection, 109 recommendations, including the institutional system that would be responsible for 
implementing the declaration. 
After the 1972 Stockholm conference, the international community hold back a conference, the 
1992 Rio Conference (United Nations Convention on Environment and Delevopment ), held in 
Rio de Janeiro, which is a meeting that is intended to be more thoroughly discussed and set the 
global environmental problems, by applying the principle of sustainable development. In the UN 
General Assembly Resolution 44/228 , asserting :  ... The conference should elaborate and 
reserve the effects of environmental degradation in the context of national and international 
Increased Efforts to promote sustainable and environmentally sound development in all 
countries....  
Stockholm Declaration of 1972 was a compromise between development and environmental 
protection, as well as a reflection of international public awareness about the interplay between 
development, environmental balance, and life . Environmental protection and ecological balance is 
a prerequisite for development. While the balance environment and development is a prerequisite 
for a good life and a good life is a prerequisite for development and environmental balance. 
Awareness of the international community affirmed in various international policy well 
established within the framework of the United Nations and outside it. In Resolusion UNGA 37/7 
mentioned ...  Aware that : 
a) Mankind is a part of natural and life depends on the uninterrupted functioning of natural 
 
systems roomates Ensure the supply of energy and nutriens ; 
b) Civilization is rooted in nature , the which has a shape and influence all human culture and 
specific artistic achievement, and living in harmony with nature gives man the best 
opportunities for the development of his creativity , and for rest and creation ..  
Furthermore, the general principle mentioned Resolution .  .. States shall : maintain ecosystems 
and related ecological processes essential for the functioning of the biosphere in all its diversity, in 
particular those important for human survival and sustainable ... developments.” 
Rio Declaration states that human beings are at the core of sustainable development goals, and 
thus development should reflect a balance between a productive life with well-maintained 
environment. Thus, any development activities, including the implementation and use of 
environmental technologies should be conducted based on the principle of ecosystem protection. 
Under the Stockholm Declaration of 1972 every person has a duty to protect and improve the 
environment for present and future generations the benefit of future generations. This protection is 
done by placing the planning as a means to harmonize the contradiction between development and 
environmental protection. Such protectionis referred to as global environmental protection. 
With regard to the principles of the Stockholm Declaration of 1972, the Rio Declaration stated 
each State shall establish standards and processes industrial waste that may be harmful to the 
environment, including how to deal with the impact. Provisions indicate that the protection of the 
global environment is essentially based on two general principles, namely the principle of the 
relationship between human and their environment and the principles of the relationship between 
human and every generation. According to the first principle that human beings are part of the 
structure of the ecosystem, humans affect and be affected by any incident in the ecosystem, while 
the second principle as part of a whole generation, have an obligation to maintain and preserve the 
earth. Every generation, both heir and who receives an inheritance, having a duty to maintain as 
well as the right to use it. According to Weiss, this principle can be formulated in three principles:
Proceeding - Kuala Lumpur International Business, Economics and Law Conference 4 (KLIBEL4) 
Vol. 3. 31 May – 1 June 2014. Hotel Putra, Kuala Lumpur, Malaysia. ISBN 978-967-11350-3-7 
1. Each generation must protect biodiversity based on the principles of and cultural 
 
environment ( conservation of option ) 
2. Each generation must maintain ecosystem balance of the earth ( conservation of quality) 
3. Each generation must give equal rights to any member of the generation that entered his 
generation ( conservation of access). 
Based on the above, the basic concept of global environmental protection is based on the principle 
of the protection system prevailing in the global ecosystem, where the main factor is the 
background is the result of development activities primarily due to the application of technology 
development, so that the basic principles of environmental protection so it is principles of human 
relations with the environment and the principles of human's relationship with their generation. 
The principles to be implemented by the international community, we need a global environment 
protection regulations, based on a general principle in international law . 
II . DISCUSSION 
1 . Environment As An Overall 
Environment covering the territory of a State environmental section and part of the environment 
that are not part of the territory. Part of the environment to be part of a State territory applicable 
agreement both countries are regulated through an agreement or born of customary international 
law . 
Since 1970 developing a view of the environment, more pointedly that the environment of the 
earth, as a whole is called the global environment. This view is looking at the environment of the 
earth as a large ecosystem, the only place where humans live and drape life. This view bring new 
concepts of international regulation utilization and protection, among others characterized by the 
new concept of the environment as a whole, the environment as a common heritage of mankind, 
the environment as an object of mutual interest, global crisis, and a joint effort to address 
environmental issues. 
The concept of the environment as a whole make new concepts about the object of international 
environmental law, the elements of the global environment, which in principle is an integral and 
inseparable form and affect the quality of the environment as a whole. The elements of the global 
environment consists of elements that are in the territory of a State, such as water, soil, and forests, 
as well as the elements that because of the nature or location can not be made the object of 
ownership by a State, such as the ozone layer, air and layer of the atmosphere located in the area 
outside the territory of each State. 
The concept of the environment as a common heritage of mankind make a universal humanism 
movement that puts human beings as a whole or on behalf of the whole to jointly confront nations 
against State actions that are damaging to the environment. In essence, humans are not the owner, 
but part of the structure of the ecosystem . Humans affect and be affected by any incident 
occurring within the ecosystem. As part of the ecosystem, humans do not have the right to destroy, 
humans must use their environment in accordance with the principle of continuity of life. 
Furthermore, as part of a whole human generation, both past generations and future generations 
have an obligation to maintain and preserve the earth. 
Legal principles for environmental protection and sustainable development includes general 
principles of law, the rights and obligations regarding them : the fundamental rights of human
Proceeding - Kuala Lumpur International Business, Economics and Law Conference 4 (KLIBEL4) 
Vol. 3. 31 May – 1 June 2014. Hotel Putra, Kuala Lumpur, Malaysia. ISBN 978-967-11350-3-7 
beings on the environment adequate for health and well-being; conservation of the environment 
and natural resources for the benefit of present and future generations; biodiversity conservation 
and the maintenance of ecosystems and ecological processes essential for the functioning of the 
biosphere ; certain environmental standard -setting and implementation of monitoring systems to 
make the evaluation of environmental quality and resource utilization; manufacture of the 
environmental impact assessment of activities that may have important implications on the 
environment or natural resources. Sustainable society can be achieved when associated with nine 
principles outlined, namely: respect and maintain community of life; improve the quality of 
human life; conserve the earth’s vitality and diversity of the earth by conserving ecological life 
support system and ensure biological diversity and sustainable use of natural resources that can be 
updated; sustain development within the carrying capacity of the earth; changing behavior and 
personal conduct; give an opportunity the people to maintain their own environment. 
 
2 . Stockholm Declaration 1972 
The development environment regulations can not be separated from the worldwide movement to 
give greater attention to the environment, given the fact that the environment has become an 
environmental problem that needs to be dealt with for the sake of survival in the world. Attention 
to environmental problems started from the Economic and Social Council of the United Nations, 
talks about the environment discussed the possibility of organizing an international conference on 
the human environment. UN calls for increased efforts and national and international measures in 
order to cope process of deterioration of environmental quality in order to be saved ecological 
balance and harmony, for the sake of human survival. In addition, pay attention to the efforts to 
protect and promote the interests of developing with and unite harmoniously adjusting national 
policy on environmental issues with the national development plan priorities. 
Has growing international awareness of the international community to encourage the United 
Nations held a conference on the environment (United Nations Conference on the Human 
Environment ) in Stockholm, Sweden. In preparation for the conference , there are 6 basic events, 
namely : 
1. Planning and management of human settlements for the sake of the quality of the 
environment 
2. Environmental aspects in the management of natural resources 
3. Identification and control of pollution and other types of disorders that affect a broad 
international 
4. Aspects of education, information , social and cultural in environmental issues 
5. Development and the environment 
6. Implications of international organizations on actions proposed conference 
In addition there is the formulation of the draft , namely : 
1 . Declaration on the Human Environment 
2 . Sea Pollution 
3 . Soil pollution 
4 . Monitoring and supervision 
5 . nature Conservation 
The next conference was held in Stockholm and produce : 
1. Declaration on Environment consists of a Preamble and 26 principles 
2. Human Environment action plan consists of 109 recommendations, including 18 
recommendations on the planning and management of human settlements. 
3. Recommendations on institutional and financial support the implementation of the Action 
Plan.
Proceeding - Kuala Lumpur International Business, Economics and Law Conference 4 (KLIBEL4) 
Vol. 3. 31 May – 1 June 2014. Hotel Putra, Kuala Lumpur, Malaysia. ISBN 978-967-11350-3-7 
The declaration known as the Stockholm Declaration of 1972. When examined the results of the 
Stockholm conference, then it can be drawn a conclusion that the preamble, principles and clear 
recommendations on the management of environmental issues, including the regulation through 
legislation. 
With the Declaration of the Stockholm acquiring a strong impetus for the development of 
environmental regulation, both the national level, regionally and internationally. 
Stockholm Declaration of 1972 is a very important step forward for efforts to save the 
environment from destruction due to human action . This Declaration as the beginning of the era 
of the global environment.4 
In principle 21 stated:  State have, in accordance with the Charter of the United Nations and the 
principles of international law, the soverign right to exploit their own resources pursuant to their 
own environmental policies .. . The principle justify placement environment as an object of 
power and jurisdiction of a State and hence the environment in such status subject to the national 
law of a particular country, especially with the proviso that such right of offset obligation for each 
country to take advantage of the environment that are part of its territory is not to cause harm 
against the State or any other party. Furthermore, the principle 21 states :  States have , in 
accordance with the Charter of the United Nations and the principles of international law , ... 
responsibility to Ensure that activities within their jurisdiction or control do not cause damade to 
the environment of their states or of areas beyond the limits of national jurisdiction. 
 
3 . Declaration of Rio Janeiro in 1992 
This declaration resulted in the Conference on Environment and Development in Rio Janeira UN 
1992 as an affirmation of the Stockholm Declaration of 1972. The purpose of this conference is to 
create a new global partnership and fair, through the stages of cooperation among States, based on 
the integration of the concept of development and environmental protection and awareness of 
integration and interdependence of natural earth. 
Conference reaches consensus on some very important areas as outlined in the various documents 
and agreements , namely : 
a. The Rio de Janeiro Declaration on Environment and Development, which contains 27 
fundamental principles on environment and development 
b. Non- Legally Binding Authorative Statement of Principles for a Global Concencuson the 
Management of all Types of Forest ( Foresty Principles ) 
c. Agenda 21, which basically describes the framework agreed by the international 
community, which aims to achieve sustainable development in the early 21st century. 
Agenda 21 is a global action plan was first conceived as a whole covers a wide range of 
sustainable development issues of economic, social and environmental different and receiving 
inputs from all countries in the world. In the preamble of Agenda 21 MF Strong, Secretary 
General of UNCED (United Nations Conference on Environment and Development) states that no 
country on their own will be able to manage and protect the ecosystem and bring a more 
prosperous future. Together these things can be achieved, in a global partnership for sustainable 
development.5 In the outline of Agenda 21 covers, holding international cooperation to enhance 
 
Daud Silalahi, (1992), Hukum Lingkungan, Bandung, Alumni, page. 18 
5 Koesnadi Hardjasoemantri, (1994), Hukum Tata Lingkungan, Yogyakarta, Gadjah Mada Universty Press, 
page. 22-23
Proceeding - Kuala Lumpur International Business, Economics and Law Conference 4 (KLIBEL4) 
Vol. 3. 31 May – 1 June 2014. Hotel Putra, Kuala Lumpur, Malaysia. ISBN 978-967-11350-3-7 
sustainable development in developing countries; combating poverty; changing patterns of 
consumption; develop demographic dynamics and sustainability; protect and promote human 
health; promote sustainable settlement; establish policies for sustainable development; protects the 
atmospheric; execute energy transition; implement integrity approach to the use of land resources; 
combat deforestation; halt the expansion of the desert; protect mountain ecosystems; meet 
agricultural needs without damaging the soil; conserve biodiversity; implement environmentally 
sound management biotenologi. 
The 1992 Rio Declaration reaffirms the contents of the declaration of the UN conference on the 
environment , agreed in Stockholm in 1972 , and by basing on the Declaration, the preamble of the 
1992 Rio Declaration are: 
- Interlocking pursued the establishment of a new global partnership and fair to realize a 
new level of cooperation and close between countries, which are the main actors in the 
lives and relationships of society and nations; 
- In an effort to provide a basis for the preparation of the efforts of international treaties that 
respect the interests of all parties and protect the interests of each party and to protect the 
integrity of the global environmental and developmental system; 
- Become aware of the integration and interdependence of natural creatures on earth , a place 
 
to stay together. 
Rio Declaration is a compromise because of the receipt of the declaration by every country in the 
world and not only by a group of States. The results of the Rio Declaration, namely : 
1. Has linked two key notion, namely the development of the whole earth and environmental 
protection 
2. The existence of the spirit of Rio which includes three dimensions, namely the intellectual 
dimension, the economic dimension and the political dimension. 
4. Stockholm Convention 2001 
In the last few decades the international community has been widely developed the 100,000 
synthetic chemicals are used to control the disease, increase food production and provide comfort 
in everyday life. Of the chemical produced, there are categorized as persistent pollutants 
(persistent organic pollutants / POPs ) that have toxic properties, it is difficult to unravel. This is 
the consideration of the establishment of the Convention Stockhholm, 2001, namely : 
a. Recognizing that persistent organic pollutants possess toxic properties, resist degradation, 
bioaccumulate and are transported, through air, water and migratory species, across 
international boundaries and deposited far from their place of release, where they 
accumulate in terrestrial and aquatic ecosystems, 
b. Recognizing that persistent organic pollutants possess toxic properties, resist degradation, 
bioaccumulate and are transported, through air, water and migratory species, across 
international boundaries and deposited far from their place of release, where they 
accumulate in terrestrial and aquatic ecosystems, 
c. Aware of the health concerns, especially in developing countries, resulting from local 
exposure to persistent organic pollutants, in particular impacts upon women and through 
them, upon future generations, 
d. Conscious of the need for global action on persistent organic pollutants. 
Given the negative impact on the use of materials such POPs encouraged many countries to agree 
on the Stockholm Convention. The Convention aims to protect human health and the environment 
from POPs materials by means of prohibiting, reducing, limiting the production and use of POPs 
stockpiles and manage environmentally sound. Subject matter in the Stockholm Convention are
Proceeding - Kuala Lumpur International Business, Economics and Law Conference 4 (KLIBEL4) 
Vol. 3. 31 May – 1 June 2014. Hotel Putra, Kuala Lumpur, Malaysia. ISBN 978-967-11350-3-7 
prepared based on the principles of international law, namely that every State has the sovereign 
right to exploit their natural resources in accordance with the environmental policy and 
development and have a responsibility to ensure that activities within its jurisdiction or control do 
not result in a detriment to the environment State or areas beyond the limits of national 
jurisdiction. 
 
5 . Togetherness Principles of International Community 
The reality of the international community shows that as a society, the international community is 
not only dealing with national interests, but there is also a moment that requires the international 
community to deal with common interests. Mochtar Kusumaatmadja stated that States are 
independent and have equal interests to maintain and manage beneficial relationships, so it is a 
mutual interest. Furthermore, according to Mochtar that behind the national interests of each 
country, each state also has an interest that is of common interest, the interest arising from the 
basic properties of each community.6 According to Fergus Watts :  ... It is .... axiomatic that we as 
individuals or groups of individuals share resources in the territory. We need to define common 
norms of behavior. Wether this is true we are speaking of a family, small town, a province of the 
country, of the world community ...  
Related with the principles of togetherness, in article 74 of the Charter of the United Nations 
(UN), there is a general principle about good neighborliness and the principle of friendly 
obligation between countries, and the concept that is currently being developed is the concept of 
peaceful coexistence, which sets out principles which include: 
a. respect the integrity and sovereignty , 
b. mutual aggression , 
c. mutual non-interference in each country , 
d. equality and mutual benefit , 
e. peaceful coexistence . 
Furthermore, the doctrine of peaceful coexistence is stated in other treaties as well as in a number 
of international declarations, and this doctrine include the obligation to actively cooperate in the 
fields of economy, culture and others. This coexistence doctrine expressly stated or implied in the 
contents of the UN Charter as well as in the constitutions of other international organizations.7 
In addition, the International Law there is a school of thought which considers that the community 
of nations as a social being, which is a school that is doing a sociological approach, in which the 
international community as a social creature would require interaction with one another to meet 
their needs. However progress of a country, will not be able to live alone.8 In the international 
community requires interaction rules to provide certainty over what is done. Interaction on the 
international community to meet the common interests of creating order and certaint . 
6. The Implementation of Togetherness principle In Global Environmental Protection 
Regulations 
The development of the international community shows that before the rise of awareness about the 
global nature of the environment, the international community togetherness is only an implicit 
element of the international community. Beyond that each country prioritizes national interest and 
6 Mochtar Kusumaatmadja, (1982), Pengantar Hukum Internasiona, Bandung, Binacipta, page. 12 
7 Bambang Iriana, (1989), Pengantar Hukum Internasional, Saduran dari .J.G. Starke, An Introduction To 
International Law, Jakarta, Sinar Grafika, page. 145 
8 Sefriani, (2012), Hukum Internasional, Suatu Pengantar, Depok, Rajawali Press, page. 14
Proceeding - Kuala Lumpur International Business, Economics and Law Conference 4 (KLIBEL4) 
Vol. 3. 31 May – 1 June 2014. Hotel Putra, Kuala Lumpur, Malaysia. ISBN 978-967-11350-3-7 
strive to solve any problems that it faces alone. After the Second World War the international 
community tries to use the principles of togetherness as a feature of international relations, but that 
effort has not gone completely, as well as the provisions of international law guaranteeing freedom 
of the State extremely, even the freedom to destroy the environment that are part of its territory.9 
Such provisions tend to give priority to the protection of property rights in specific country. In 
certain circumstances a State even possible to foretell for each release responsibility for the 
consequences of its activities.10 Nevertheless, the classical attitude Countries can no longer be 
maintained, a growing environmental problem into a global problem and can not be addressed by 
one or a few countries, because it is solving a problem in terms of the nature of these problems 
requires approaches, forms of cooperation and conditions the new provisions are more in line with 
the nature of the problem that must be addressed. According to Friedman, this is because such 
circumstances that resulted in the rapid development of international law based on the principle of 
cooperation and participation principles.11 According Jenka this is an international association that 
acceleration continues to increase, as well as the evolving nature of the problem of the issues that 
are individual to the problems that are together ( matter of common concern) . That development 
bring to the new requirements of the provisions of law which has equivalent properties to the 
nature of the problems that arise from these developments, which are global. 
Based on the above, the application of a global approach in the regulation of international 
activities can be carried out by means of the establishment of global agreements and establish 
agreements through national policies of each country based on the principle of balance of rights 
and obligations.12 However, the implementation of a global approach to experience weakness, thus 
encouraging the development of new approaches in the creation and application of international 
law, such as the partnership approach in which the formation and application of the law based on 
an obligation, the participation of the international community, limiting their own actions and the 
principle of  pacta sunt servanda 13 Patterns that can be applied in setting the global 
environmental protection is a preventive form of international law as a realization of the 
establishment of a more just and prevent adverse impacts on the common interests of the 
international community committed at the international level, regional and national. 
Based on the patterns of global environmental protection regulations, the implementation of the 
principle of unity is expected every country to engage in solving global environmental problems. 
The existence of the principle of solidarity, the State may follow up with the cooperation between 
the State, so that countries respect each cooperation undertaken as a consequence of members of 
the international community. Thus the principle of unity in the international community can be 
used as a basis to regulate the protection of the global environment, by working together and 
mutual respect. 
	 
III . CONCLUSION 
Based on the above, it can be concluded that the adoption of a global approach in the regulation of 
international activities can be carried out by means of the establishment of global agreements and 
establish agreements through national policies of each country based on the principle of balance of 
9 Friedman, Wolfgang, (1964), The Changing Structure of International Law, London, Stevens  Sons, page 81 
10 Mieke Komar Kusumaatmadja, (1982), Bunga Rampai Hukum Lingkungan Laut Internasional, Bandung, Alumni, 
page.5 
11 Friedman, Op.Cit, page. 81 and 95 
12 Ida Bagus Wyasa Putra, Op.Cit, page. 74 
13 Friedman, Loc.Cit
Proceeding - Kuala Lumpur International Business, Economics and Law Conference 4 (KLIBEL4) 
Vol. 3. 31 May – 1 June 2014. Hotel Putra, Kuala Lumpur, Malaysia. ISBN 978-967-11350-3-7 
rights and obligations. The application will be further specified in the provisions relating to the 
regulation of global environmental protection in accordance with international activities in general 
regulation. Based on the togetherness principle, the international community can implement global 
environmental protection regulations through the cooperation between states, as an effort to create 
awareness of the environment into shared responsibility. 

 
IV . REFERENCES 
Aust Anthony, (2000), Modern Treaty Law and Practice, Cambridge, Cambridge University 
Press 
Bambang Iriana, (1997), Cet.II, Pengantar Hukum Internasional, Saduran dari .J.G. Starke, An 
Introduction To International Law, Jakarta, Sinar Grafika 
Daud Silalahi, (1992), Hukum Lingkungan, Bandung, Alumni 
-----------------, (1992), Pengaturan Hukum Lingkungan laut Indonesia dan ImplikasinyaSecara 
Regional, Jakarta, Pustaka Sinar Harapan. 
Dinstein Yoram, (1994), War, Aggression and Self-Defence, Britain, Cambridge University Press 
Friedman, Wolfgang, 1964, The Changing Structure of International Law, London, Stevens  
Sons 
Ida Bagus Wyasa Putra, (2003), Hukum Lingkungan Internasional, Perspektif Bisnis 
Internasional, Bandung, Refika Aditama 
Koesnadi Hardjasoemantri, (1994), Hukum Tata Lingkungan, Yogyakarta, Gadjah Mada 
Universty Press 
McCorquodale Robert, Dixon Martin, (2003), Cases and Materials on International Law, Oxford 
Oxford University Press. 
Mieke Komar Kusumaatmadja, (1982), Bunga Rampai Hukum Lingkungan Laut Internasional, 
Bandung, Alumni 
Mochtar Kusumaatmadja, (1982), Pengantar Hukum Internasional, Bandung, Binacipta 
Munadjat Danusaputro, (1980), Hukum Lingkungan, Buku I: Umum, Bandung, Binacipta. 
Sefriani, (2012), Hukum Internasional, Suatu Pengantar, Cet. II, Depok, Rajawali Press 
Declaration of The United Nations Conference on The Human Environment, 1972 (Stockholm 
Declaration 1972) 
Rio Declaration, 1992 
Stockholm Convention on Persistant Organic Pollutants, 2001 (Stockholm Convention, 2001) 
United Nations General Assembly 43/53 (UNGA) Resolution 
Undang-undang Republik Indonesia Nomor 19 Tahun 2009 tentang Pengesahan Stockholm 
Convention On Persistent Organic Pollutants (Konvensi Stockholm tentang Bahan 
Pencemar Organik Yang Persisten) 
Undang-undang Republik Indonesia Nomor 32 Tahun 2009 tentang Perlindungan dan Pengelolaan 
Lingkungan Hidup

Contenu connexe

Tendances

Can religion be used to create ecological awareness (2)
Can religion be used to create ecological awareness (2)Can religion be used to create ecological awareness (2)
Can religion be used to create ecological awareness (2)Alexander Decker
 
Sustainability-08-00254 - Human -Nature for Climate Action
Sustainability-08-00254 - Human -Nature for Climate ActionSustainability-08-00254 - Human -Nature for Climate Action
Sustainability-08-00254 - Human -Nature for Climate ActionHelen Santiago Fink
 
Right to environment
Right to environmentRight to environment
Right to environmentPrafullal
 
Identifying & Evaluating environmental resources and how to design an environ...
Identifying & Evaluating environmental resources and how to design an environ...Identifying & Evaluating environmental resources and how to design an environ...
Identifying & Evaluating environmental resources and how to design an environ...Sefat Ul Alom
 
agencies of environmental protection
agencies of environmental protectionagencies of environmental protection
agencies of environmental protectionsana sana
 
Klibel5 law 23
Klibel5 law 23Klibel5 law 23
Klibel5 law 23KLIBEL
 
Scope and importance of environmental studies
Scope and importance of environmental studiesScope and importance of environmental studies
Scope and importance of environmental studieskanhaSahu5
 
Unit 1 introduction to environmental studies
Unit 1  introduction to environmental studiesUnit 1  introduction to environmental studies
Unit 1 introduction to environmental studiesYashGupta744
 
Course v on ecosystems by redouane boulguid master mqhse national school of ...
Course v on ecosystems  by redouane boulguid master mqhse national school of ...Course v on ecosystems  by redouane boulguid master mqhse national school of ...
Course v on ecosystems by redouane boulguid master mqhse national school of ...Rednef68 Rednef68
 
Philosophy and History of Sustainable Development
Philosophy and History of Sustainable DevelopmentPhilosophy and History of Sustainable Development
Philosophy and History of Sustainable DevelopmentGregory Borne
 
Implementation of Sustainable Development
Implementation of Sustainable DevelopmentImplementation of Sustainable Development
Implementation of Sustainable DevelopmentPreeti Sikder
 
Environmental education slide show
Environmental education slide showEnvironmental education slide show
Environmental education slide showSonja Boyd
 

Tendances (20)

Can religion be used to create ecological awareness (2)
Can religion be used to create ecological awareness (2)Can religion be used to create ecological awareness (2)
Can religion be used to create ecological awareness (2)
 
Dr m r n babu maedn-environmental education
Dr m r n babu maedn-environmental educationDr m r n babu maedn-environmental education
Dr m r n babu maedn-environmental education
 
Joe
JoeJoe
Joe
 
Brundtland report
Brundtland reportBrundtland report
Brundtland report
 
Brundtland report
Brundtland reportBrundtland report
Brundtland report
 
Sustainable tourism
Sustainable tourism Sustainable tourism
Sustainable tourism
 
Sustainability-08-00254 - Human -Nature for Climate Action
Sustainability-08-00254 - Human -Nature for Climate ActionSustainability-08-00254 - Human -Nature for Climate Action
Sustainability-08-00254 - Human -Nature for Climate Action
 
Right to environment
Right to environmentRight to environment
Right to environment
 
Identifying & Evaluating environmental resources and how to design an environ...
Identifying & Evaluating environmental resources and how to design an environ...Identifying & Evaluating environmental resources and how to design an environ...
Identifying & Evaluating environmental resources and how to design an environ...
 
WCED
WCEDWCED
WCED
 
Basic environmental concept
Basic environmental conceptBasic environmental concept
Basic environmental concept
 
agencies of environmental protection
agencies of environmental protectionagencies of environmental protection
agencies of environmental protection
 
Klibel5 law 23
Klibel5 law 23Klibel5 law 23
Klibel5 law 23
 
Scope and importance of environmental studies
Scope and importance of environmental studiesScope and importance of environmental studies
Scope and importance of environmental studies
 
Unit 1 introduction to environmental studies
Unit 1  introduction to environmental studiesUnit 1  introduction to environmental studies
Unit 1 introduction to environmental studies
 
Course v on ecosystems by redouane boulguid master mqhse national school of ...
Course v on ecosystems  by redouane boulguid master mqhse national school of ...Course v on ecosystems  by redouane boulguid master mqhse national school of ...
Course v on ecosystems by redouane boulguid master mqhse national school of ...
 
Philosophy and History of Sustainable Development
Philosophy and History of Sustainable DevelopmentPhilosophy and History of Sustainable Development
Philosophy and History of Sustainable Development
 
Implementation of Sustainable Development
Implementation of Sustainable DevelopmentImplementation of Sustainable Development
Implementation of Sustainable Development
 
Environmental education slide show
Environmental education slide showEnvironmental education slide show
Environmental education slide show
 
H3126683.pdf
H3126683.pdfH3126683.pdf
H3126683.pdf
 

En vedette

Klibel5 law 33
Klibel5 law 33Klibel5 law 33
Klibel5 law 33KLIBEL
 
KLL4334
KLL4334  KLL4334
KLL4334 KLIBEL
 
KLL4326
KLL4326  KLL4326
KLL4326 KLIBEL
 
KLL4341
KLL4341   KLL4341
KLL4341 KLIBEL
 
KLL4332
KLL4332  KLL4332
KLL4332 KLIBEL
 
KLL4321
KLL4321 KLL4321
KLL4321 KLIBEL
 
Klibel5 law 30
Klibel5 law 30Klibel5 law 30
Klibel5 law 30KLIBEL
 
KLL4340
KLL4340   KLL4340
KLL4340 KLIBEL
 
KLL4308
KLL4308KLL4308
KLL4308KLIBEL
 
KLL4330
KLL4330  KLL4330
KLL4330 KLIBEL
 
KLL4320
KLL4320 KLL4320
KLL4320 KLIBEL
 
KLL4315
KLL4315 KLL4315
KLL4315 KLIBEL
 
KLL4319
KLL4319 KLL4319
KLL4319 KLIBEL
 
KLL4335
KLL4335 KLL4335
KLL4335 KLIBEL
 
KLL4331
KLL4331 KLL4331
KLL4331 KLIBEL
 
Klibel5 law 38
Klibel5 law 38Klibel5 law 38
Klibel5 law 38KLIBEL
 
Klibel5 law 34
Klibel5 law 34Klibel5 law 34
Klibel5 law 34KLIBEL
 
Klibel5 law 48
Klibel5 law 48Klibel5 law 48
Klibel5 law 48KLIBEL
 

En vedette (18)

Klibel5 law 33
Klibel5 law 33Klibel5 law 33
Klibel5 law 33
 
KLL4334
KLL4334  KLL4334
KLL4334
 
KLL4326
KLL4326  KLL4326
KLL4326
 
KLL4341
KLL4341   KLL4341
KLL4341
 
KLL4332
KLL4332  KLL4332
KLL4332
 
KLL4321
KLL4321 KLL4321
KLL4321
 
Klibel5 law 30
Klibel5 law 30Klibel5 law 30
Klibel5 law 30
 
KLL4340
KLL4340   KLL4340
KLL4340
 
KLL4308
KLL4308KLL4308
KLL4308
 
KLL4330
KLL4330  KLL4330
KLL4330
 
KLL4320
KLL4320 KLL4320
KLL4320
 
KLL4315
KLL4315 KLL4315
KLL4315
 
KLL4319
KLL4319 KLL4319
KLL4319
 
KLL4335
KLL4335 KLL4335
KLL4335
 
KLL4331
KLL4331 KLL4331
KLL4331
 
Klibel5 law 38
Klibel5 law 38Klibel5 law 38
Klibel5 law 38
 
Klibel5 law 34
Klibel5 law 34Klibel5 law 34
Klibel5 law 34
 
Klibel5 law 48
Klibel5 law 48Klibel5 law 48
Klibel5 law 48
 

Similaire à KLL4333

Unit 1. Introduction to environmental studies.pdf
Unit 1. Introduction to environmental studies.pdfUnit 1. Introduction to environmental studies.pdf
Unit 1. Introduction to environmental studies.pdfAvniChawla1
 
annie.pptx
annie.pptxannie.pptx
annie.pptxShoobi1
 
1.1 Sustainable Development Vezzoli Polimi 07 08 3.11
1.1 Sustainable Development Vezzoli Polimi 07 08  3.111.1 Sustainable Development Vezzoli Polimi 07 08  3.11
1.1 Sustainable Development Vezzoli Polimi 07 08 3.11vezzoli
 
multidisciplinary nature of enviroment.pptx.pdf
multidisciplinary nature of enviroment.pptx.pdfmultidisciplinary nature of enviroment.pptx.pdf
multidisciplinary nature of enviroment.pptx.pdfRaaniaPalti
 
ENVIRONMENTAL STUDIES UNIT 1.pptx
ENVIRONMENTAL STUDIES UNIT 1.pptxENVIRONMENTAL STUDIES UNIT 1.pptx
ENVIRONMENTAL STUDIES UNIT 1.pptxswetha38439
 
multidisciplinarynatureofenviroment-190118092544-converted.pptx
multidisciplinarynatureofenviroment-190118092544-converted.pptxmultidisciplinarynatureofenviroment-190118092544-converted.pptx
multidisciplinarynatureofenviroment-190118092544-converted.pptxShivamsingh46435
 
INTRODUCTION TO ENVIRONMENT & NATURAL RESOURCES
INTRODUCTION TO ENVIRONMENT & NATURAL RESOURCESINTRODUCTION TO ENVIRONMENT & NATURAL RESOURCES
INTRODUCTION TO ENVIRONMENT & NATURAL RESOURCEShkokani2461
 
environmentalmanagement-140518232509-phpapp02.pdf
environmentalmanagement-140518232509-phpapp02.pdfenvironmentalmanagement-140518232509-phpapp02.pdf
environmentalmanagement-140518232509-phpapp02.pdfJacob912946
 
MANAGEMENT OF THE ENVIRONMENT
 MANAGEMENT OF  THE ENVIRONMENT MANAGEMENT OF  THE ENVIRONMENT
MANAGEMENT OF THE ENVIRONMENTPintu Kabiraj
 
Innovation and Sustainable Development: The Question of Energy Efficiency
Innovation and Sustainable Development: The Question of Energy EfficiencyInnovation and Sustainable Development: The Question of Energy Efficiency
Innovation and Sustainable Development: The Question of Energy EfficiencyIOSR Journals
 
multidisciplinarynatureofenviroment-190118092544 (1).pptx
multidisciplinarynatureofenviroment-190118092544 (1).pptxmultidisciplinarynatureofenviroment-190118092544 (1).pptx
multidisciplinarynatureofenviroment-190118092544 (1).pptxMsNehaSharma2
 
Unit 1 - Environment and People2024.pptx
Unit 1 - Environment and People2024.pptxUnit 1 - Environment and People2024.pptx
Unit 1 - Environment and People2024.pptxShekarLokee
 
Environmental law- by Florencia Asquinazi
Environmental law- by Florencia AsquinaziEnvironmental law- by Florencia Asquinazi
Environmental law- by Florencia AsquinaziAdela Perez del Viso
 
Sustainable development environmental values and in islamic views
Sustainable development environmental values and in islamic viewsSustainable development environmental values and in islamic views
Sustainable development environmental values and in islamic viewsAlexander Decker
 
Module-5-Environmental-Awareness-and-Protection.pdf
Module-5-Environmental-Awareness-and-Protection.pdfModule-5-Environmental-Awareness-and-Protection.pdf
Module-5-Environmental-Awareness-and-Protection.pdfJanLeoQuinio1
 
iea_training_vol_2_via
iea_training_vol_2_viaiea_training_vol_2_via
iea_training_vol_2_viaSherie Amor
 
GFC-Unit-1-ppt.pptx
GFC-Unit-1-ppt.pptxGFC-Unit-1-ppt.pptx
GFC-Unit-1-ppt.pptxKmpriyapatel
 
GFC-Unit-1-ppt.pptx
GFC-Unit-1-ppt.pptxGFC-Unit-1-ppt.pptx
GFC-Unit-1-ppt.pptxNeelManna4
 
GFC-Unit-1-ppt.pptx
GFC-Unit-1-ppt.pptxGFC-Unit-1-ppt.pptx
GFC-Unit-1-ppt.pptxParagKoche1
 

Similaire à KLL4333 (20)

Unit 1. Introduction to environmental studies.pdf
Unit 1. Introduction to environmental studies.pdfUnit 1. Introduction to environmental studies.pdf
Unit 1. Introduction to environmental studies.pdf
 
annie.pptx
annie.pptxannie.pptx
annie.pptx
 
1.1 Sustainable Development Vezzoli Polimi 07 08 3.11
1.1 Sustainable Development Vezzoli Polimi 07 08  3.111.1 Sustainable Development Vezzoli Polimi 07 08  3.11
1.1 Sustainable Development Vezzoli Polimi 07 08 3.11
 
multidisciplinary nature of enviroment.pptx.pdf
multidisciplinary nature of enviroment.pptx.pdfmultidisciplinary nature of enviroment.pptx.pdf
multidisciplinary nature of enviroment.pptx.pdf
 
ENVIRONMENTAL STUDIES UNIT 1.pptx
ENVIRONMENTAL STUDIES UNIT 1.pptxENVIRONMENTAL STUDIES UNIT 1.pptx
ENVIRONMENTAL STUDIES UNIT 1.pptx
 
multidisciplinarynatureofenviroment-190118092544-converted.pptx
multidisciplinarynatureofenviroment-190118092544-converted.pptxmultidisciplinarynatureofenviroment-190118092544-converted.pptx
multidisciplinarynatureofenviroment-190118092544-converted.pptx
 
INTRODUCTION TO ENVIRONMENT & NATURAL RESOURCES
INTRODUCTION TO ENVIRONMENT & NATURAL RESOURCESINTRODUCTION TO ENVIRONMENT & NATURAL RESOURCES
INTRODUCTION TO ENVIRONMENT & NATURAL RESOURCES
 
Contemporary Issues
Contemporary IssuesContemporary Issues
Contemporary Issues
 
environmentalmanagement-140518232509-phpapp02.pdf
environmentalmanagement-140518232509-phpapp02.pdfenvironmentalmanagement-140518232509-phpapp02.pdf
environmentalmanagement-140518232509-phpapp02.pdf
 
MANAGEMENT OF THE ENVIRONMENT
 MANAGEMENT OF  THE ENVIRONMENT MANAGEMENT OF  THE ENVIRONMENT
MANAGEMENT OF THE ENVIRONMENT
 
Innovation and Sustainable Development: The Question of Energy Efficiency
Innovation and Sustainable Development: The Question of Energy EfficiencyInnovation and Sustainable Development: The Question of Energy Efficiency
Innovation and Sustainable Development: The Question of Energy Efficiency
 
multidisciplinarynatureofenviroment-190118092544 (1).pptx
multidisciplinarynatureofenviroment-190118092544 (1).pptxmultidisciplinarynatureofenviroment-190118092544 (1).pptx
multidisciplinarynatureofenviroment-190118092544 (1).pptx
 
Unit 1 - Environment and People2024.pptx
Unit 1 - Environment and People2024.pptxUnit 1 - Environment and People2024.pptx
Unit 1 - Environment and People2024.pptx
 
Environmental law- by Florencia Asquinazi
Environmental law- by Florencia AsquinaziEnvironmental law- by Florencia Asquinazi
Environmental law- by Florencia Asquinazi
 
Sustainable development environmental values and in islamic views
Sustainable development environmental values and in islamic viewsSustainable development environmental values and in islamic views
Sustainable development environmental values and in islamic views
 
Module-5-Environmental-Awareness-and-Protection.pdf
Module-5-Environmental-Awareness-and-Protection.pdfModule-5-Environmental-Awareness-and-Protection.pdf
Module-5-Environmental-Awareness-and-Protection.pdf
 
iea_training_vol_2_via
iea_training_vol_2_viaiea_training_vol_2_via
iea_training_vol_2_via
 
GFC-Unit-1-ppt.pptx
GFC-Unit-1-ppt.pptxGFC-Unit-1-ppt.pptx
GFC-Unit-1-ppt.pptx
 
GFC-Unit-1-ppt.pptx
GFC-Unit-1-ppt.pptxGFC-Unit-1-ppt.pptx
GFC-Unit-1-ppt.pptx
 
GFC-Unit-1-ppt.pptx
GFC-Unit-1-ppt.pptxGFC-Unit-1-ppt.pptx
GFC-Unit-1-ppt.pptx
 

Plus de KLIBEL

Klibel5 econ 38_
Klibel5 econ 38_Klibel5 econ 38_
Klibel5 econ 38_KLIBEL
 
Klibel5 law 40
Klibel5 law 40Klibel5 law 40
Klibel5 law 40KLIBEL
 
Klibel5 law 50
Klibel5 law 50Klibel5 law 50
Klibel5 law 50KLIBEL
 
Klibel5 law 54
Klibel5 law 54Klibel5 law 54
Klibel5 law 54KLIBEL
 
Klibel5 law 53
Klibel5 law 53Klibel5 law 53
Klibel5 law 53KLIBEL
 
Klibel5 law 51
Klibel5 law 51Klibel5 law 51
Klibel5 law 51KLIBEL
 
Klibel5 law 49
Klibel5 law 49Klibel5 law 49
Klibel5 law 49KLIBEL
 
Klibel5 law 39
Klibel5 law 39Klibel5 law 39
Klibel5 law 39KLIBEL
 
Klibel5 law 46
Klibel5 law 46Klibel5 law 46
Klibel5 law 46KLIBEL
 
Klibel5 law 35
Klibel5 law 35Klibel5 law 35
Klibel5 law 35KLIBEL
 
Klibel5 law 32
Klibel5 law 32Klibel5 law 32
Klibel5 law 32KLIBEL
 
Klibel5 law 27
Klibel5 law 27Klibel5 law 27
Klibel5 law 27KLIBEL
 
Klibel5 law 26
Klibel5 law 26Klibel5 law 26
Klibel5 law 26KLIBEL
 
Klibel5 law 25
Klibel5 law 25Klibel5 law 25
Klibel5 law 25KLIBEL
 
Klibel5 law 24
Klibel5 law 24Klibel5 law 24
Klibel5 law 24KLIBEL
 
Klibel5 law 22
Klibel5 law 22Klibel5 law 22
Klibel5 law 22KLIBEL
 
Klibel5 law 17
Klibel5 law 17Klibel5 law 17
Klibel5 law 17KLIBEL
 
Klibel5 law 16
Klibel5 law 16Klibel5 law 16
Klibel5 law 16KLIBEL
 
Klibel5 law 15
Klibel5 law 15Klibel5 law 15
Klibel5 law 15KLIBEL
 
Klibel5 law 14
Klibel5 law 14Klibel5 law 14
Klibel5 law 14KLIBEL
 

Plus de KLIBEL (20)

Klibel5 econ 38_
Klibel5 econ 38_Klibel5 econ 38_
Klibel5 econ 38_
 
Klibel5 law 40
Klibel5 law 40Klibel5 law 40
Klibel5 law 40
 
Klibel5 law 50
Klibel5 law 50Klibel5 law 50
Klibel5 law 50
 
Klibel5 law 54
Klibel5 law 54Klibel5 law 54
Klibel5 law 54
 
Klibel5 law 53
Klibel5 law 53Klibel5 law 53
Klibel5 law 53
 
Klibel5 law 51
Klibel5 law 51Klibel5 law 51
Klibel5 law 51
 
Klibel5 law 49
Klibel5 law 49Klibel5 law 49
Klibel5 law 49
 
Klibel5 law 39
Klibel5 law 39Klibel5 law 39
Klibel5 law 39
 
Klibel5 law 46
Klibel5 law 46Klibel5 law 46
Klibel5 law 46
 
Klibel5 law 35
Klibel5 law 35Klibel5 law 35
Klibel5 law 35
 
Klibel5 law 32
Klibel5 law 32Klibel5 law 32
Klibel5 law 32
 
Klibel5 law 27
Klibel5 law 27Klibel5 law 27
Klibel5 law 27
 
Klibel5 law 26
Klibel5 law 26Klibel5 law 26
Klibel5 law 26
 
Klibel5 law 25
Klibel5 law 25Klibel5 law 25
Klibel5 law 25
 
Klibel5 law 24
Klibel5 law 24Klibel5 law 24
Klibel5 law 24
 
Klibel5 law 22
Klibel5 law 22Klibel5 law 22
Klibel5 law 22
 
Klibel5 law 17
Klibel5 law 17Klibel5 law 17
Klibel5 law 17
 
Klibel5 law 16
Klibel5 law 16Klibel5 law 16
Klibel5 law 16
 
Klibel5 law 15
Klibel5 law 15Klibel5 law 15
Klibel5 law 15
 
Klibel5 law 14
Klibel5 law 14Klibel5 law 14
Klibel5 law 14
 

Dernier

如何办理(Michigan文凭证书)密歇根大学毕业证学位证书
 如何办理(Michigan文凭证书)密歇根大学毕业证学位证书 如何办理(Michigan文凭证书)密歇根大学毕业证学位证书
如何办理(Michigan文凭证书)密歇根大学毕业证学位证书Sir Lt
 
INVOLUNTARY TRANSFERS Kenya school of law.pptx
INVOLUNTARY TRANSFERS Kenya school of law.pptxINVOLUNTARY TRANSFERS Kenya school of law.pptx
INVOLUNTARY TRANSFERS Kenya school of law.pptxnyabatejosphat1
 
如何办理普利茅斯大学毕业证(本硕)Plymouth学位证书
如何办理普利茅斯大学毕业证(本硕)Plymouth学位证书如何办理普利茅斯大学毕业证(本硕)Plymouth学位证书
如何办理普利茅斯大学毕业证(本硕)Plymouth学位证书Fir L
 
如何办理(Lincoln文凭证书)林肯大学毕业证学位证书
如何办理(Lincoln文凭证书)林肯大学毕业证学位证书如何办理(Lincoln文凭证书)林肯大学毕业证学位证书
如何办理(Lincoln文凭证书)林肯大学毕业证学位证书Fs Las
 
如何办理(MSU文凭证书)密歇根州立大学毕业证学位证书
 如何办理(MSU文凭证书)密歇根州立大学毕业证学位证书 如何办理(MSU文凭证书)密歇根州立大学毕业证学位证书
如何办理(MSU文凭证书)密歇根州立大学毕业证学位证书Sir Lt
 
CAFC Chronicles: Costly Tales of Claim Construction Fails
CAFC Chronicles: Costly Tales of Claim Construction FailsCAFC Chronicles: Costly Tales of Claim Construction Fails
CAFC Chronicles: Costly Tales of Claim Construction FailsAurora Consulting
 
CALL ON ➥8923113531 🔝Call Girls Singar Nagar Lucknow best sexual service
CALL ON ➥8923113531 🔝Call Girls Singar Nagar Lucknow best sexual serviceCALL ON ➥8923113531 🔝Call Girls Singar Nagar Lucknow best sexual service
CALL ON ➥8923113531 🔝Call Girls Singar Nagar Lucknow best sexual serviceanilsa9823
 
Legal Risks and Compliance Considerations for Cryptocurrency Exchanges in India
Legal Risks and Compliance Considerations for Cryptocurrency Exchanges in IndiaLegal Risks and Compliance Considerations for Cryptocurrency Exchanges in India
Legal Risks and Compliance Considerations for Cryptocurrency Exchanges in IndiaFinlaw Consultancy Pvt Ltd
 
如何办理(SFSta文凭证书)美国旧金山州立大学毕业证学位证书
如何办理(SFSta文凭证书)美国旧金山州立大学毕业证学位证书如何办理(SFSta文凭证书)美国旧金山州立大学毕业证学位证书
如何办理(SFSta文凭证书)美国旧金山州立大学毕业证学位证书Fs Las
 
Mediation ppt for study materials. notes
Mediation ppt for study materials. notesMediation ppt for study materials. notes
Mediation ppt for study materials. notesPRATIKNAYAK31
 
Cleades Robinson's Commitment to Service
Cleades Robinson's Commitment to ServiceCleades Robinson's Commitment to Service
Cleades Robinson's Commitment to ServiceCleades Robinson
 
Ricky French: Championing Truth and Change in Midlothian
Ricky French: Championing Truth and Change in MidlothianRicky French: Championing Truth and Change in Midlothian
Ricky French: Championing Truth and Change in MidlothianRicky French
 
THE FACTORIES ACT,1948 (2).pptx labour
THE FACTORIES ACT,1948 (2).pptx   labourTHE FACTORIES ACT,1948 (2).pptx   labour
THE FACTORIES ACT,1948 (2).pptx labourBhavikaGholap1
 
Indemnity Guarantee Section 124 125 and 126
Indemnity Guarantee Section 124 125 and 126Indemnity Guarantee Section 124 125 and 126
Indemnity Guarantee Section 124 125 and 126Oishi8
 
一比一原版西澳大学毕业证学位证书
 一比一原版西澳大学毕业证学位证书 一比一原版西澳大学毕业证学位证书
一比一原版西澳大学毕业证学位证书SS A
 
一比一原版利兹大学毕业证学位证书
一比一原版利兹大学毕业证学位证书一比一原版利兹大学毕业证学位证书
一比一原版利兹大学毕业证学位证书E LSS
 

Dernier (20)

如何办理(Michigan文凭证书)密歇根大学毕业证学位证书
 如何办理(Michigan文凭证书)密歇根大学毕业证学位证书 如何办理(Michigan文凭证书)密歇根大学毕业证学位证书
如何办理(Michigan文凭证书)密歇根大学毕业证学位证书
 
INVOLUNTARY TRANSFERS Kenya school of law.pptx
INVOLUNTARY TRANSFERS Kenya school of law.pptxINVOLUNTARY TRANSFERS Kenya school of law.pptx
INVOLUNTARY TRANSFERS Kenya school of law.pptx
 
Sensual Moments: +91 9999965857 Independent Call Girls Vasundhara Delhi {{ Mo...
Sensual Moments: +91 9999965857 Independent Call Girls Vasundhara Delhi {{ Mo...Sensual Moments: +91 9999965857 Independent Call Girls Vasundhara Delhi {{ Mo...
Sensual Moments: +91 9999965857 Independent Call Girls Vasundhara Delhi {{ Mo...
 
如何办理普利茅斯大学毕业证(本硕)Plymouth学位证书
如何办理普利茅斯大学毕业证(本硕)Plymouth学位证书如何办理普利茅斯大学毕业证(本硕)Plymouth学位证书
如何办理普利茅斯大学毕业证(本硕)Plymouth学位证书
 
Russian Call Girls Rohini Sector 6 💓 Delhi 9999965857 @Sabina Modi VVIP MODEL...
Russian Call Girls Rohini Sector 6 💓 Delhi 9999965857 @Sabina Modi VVIP MODEL...Russian Call Girls Rohini Sector 6 💓 Delhi 9999965857 @Sabina Modi VVIP MODEL...
Russian Call Girls Rohini Sector 6 💓 Delhi 9999965857 @Sabina Modi VVIP MODEL...
 
如何办理(Lincoln文凭证书)林肯大学毕业证学位证书
如何办理(Lincoln文凭证书)林肯大学毕业证学位证书如何办理(Lincoln文凭证书)林肯大学毕业证学位证书
如何办理(Lincoln文凭证书)林肯大学毕业证学位证书
 
Rohini Sector 25 Call Girls Delhi 9999965857 @Sabina Saikh No Advance
Rohini Sector 25 Call Girls Delhi 9999965857 @Sabina Saikh No AdvanceRohini Sector 25 Call Girls Delhi 9999965857 @Sabina Saikh No Advance
Rohini Sector 25 Call Girls Delhi 9999965857 @Sabina Saikh No Advance
 
如何办理(MSU文凭证书)密歇根州立大学毕业证学位证书
 如何办理(MSU文凭证书)密歇根州立大学毕业证学位证书 如何办理(MSU文凭证书)密歇根州立大学毕业证学位证书
如何办理(MSU文凭证书)密歇根州立大学毕业证学位证书
 
CAFC Chronicles: Costly Tales of Claim Construction Fails
CAFC Chronicles: Costly Tales of Claim Construction FailsCAFC Chronicles: Costly Tales of Claim Construction Fails
CAFC Chronicles: Costly Tales of Claim Construction Fails
 
Vip Call Girls Greater Noida ➡️ Delhi ➡️ 9999965857 No Advance 24HRS Live
Vip Call Girls Greater Noida ➡️ Delhi ➡️ 9999965857 No Advance 24HRS LiveVip Call Girls Greater Noida ➡️ Delhi ➡️ 9999965857 No Advance 24HRS Live
Vip Call Girls Greater Noida ➡️ Delhi ➡️ 9999965857 No Advance 24HRS Live
 
CALL ON ➥8923113531 🔝Call Girls Singar Nagar Lucknow best sexual service
CALL ON ➥8923113531 🔝Call Girls Singar Nagar Lucknow best sexual serviceCALL ON ➥8923113531 🔝Call Girls Singar Nagar Lucknow best sexual service
CALL ON ➥8923113531 🔝Call Girls Singar Nagar Lucknow best sexual service
 
Legal Risks and Compliance Considerations for Cryptocurrency Exchanges in India
Legal Risks and Compliance Considerations for Cryptocurrency Exchanges in IndiaLegal Risks and Compliance Considerations for Cryptocurrency Exchanges in India
Legal Risks and Compliance Considerations for Cryptocurrency Exchanges in India
 
如何办理(SFSta文凭证书)美国旧金山州立大学毕业证学位证书
如何办理(SFSta文凭证书)美国旧金山州立大学毕业证学位证书如何办理(SFSta文凭证书)美国旧金山州立大学毕业证学位证书
如何办理(SFSta文凭证书)美国旧金山州立大学毕业证学位证书
 
Mediation ppt for study materials. notes
Mediation ppt for study materials. notesMediation ppt for study materials. notes
Mediation ppt for study materials. notes
 
Cleades Robinson's Commitment to Service
Cleades Robinson's Commitment to ServiceCleades Robinson's Commitment to Service
Cleades Robinson's Commitment to Service
 
Ricky French: Championing Truth and Change in Midlothian
Ricky French: Championing Truth and Change in MidlothianRicky French: Championing Truth and Change in Midlothian
Ricky French: Championing Truth and Change in Midlothian
 
THE FACTORIES ACT,1948 (2).pptx labour
THE FACTORIES ACT,1948 (2).pptx   labourTHE FACTORIES ACT,1948 (2).pptx   labour
THE FACTORIES ACT,1948 (2).pptx labour
 
Indemnity Guarantee Section 124 125 and 126
Indemnity Guarantee Section 124 125 and 126Indemnity Guarantee Section 124 125 and 126
Indemnity Guarantee Section 124 125 and 126
 
一比一原版西澳大学毕业证学位证书
 一比一原版西澳大学毕业证学位证书 一比一原版西澳大学毕业证学位证书
一比一原版西澳大学毕业证学位证书
 
一比一原版利兹大学毕业证学位证书
一比一原版利兹大学毕业证学位证书一比一原版利兹大学毕业证学位证书
一比一原版利兹大学毕业证学位证书
 

KLL4333

  • 1. Proceeding - Kuala Lumpur International Business, Economics and Law Conference 4 (KLIBEL4) Vol. 3. 31 May – 1 June 2014. Hotel Putra, Kuala Lumpur, Malaysia. ISBN 978-967-11350-3-7 THE IMPLEMENTATION OF TOGETHERNESS PRINCIPLES IN GLOBAL ENVIRONMENTAL PROTECTION REGULATIONS FOR STATES Dr. Indien Winarwati, S.H., M.H. Faculty of Law University of Trunojoyo Madura – Bangkalan, Madura, Indonesia Email : indien_w@yahoo.com, Tel : +628165426114 ABSTRACT The global environment is the environment as a whole in which ongoing interplay between living creatures with their environment. Environmental problems that faced by human is the problems from human activities in exploiting their environment. Human provide great opportunities to interfere in the process of environmental sustainability, namely by creating various forms of technology and apply it in the field of life, but that technology is not only for exploit the nature but also damage it. The implementation of technology has shown the other side of its characteristic. Various components such as the global ozone layer that suffered a fatal disorder, it poses an immediate threat to life supporting components, such as water, air, land and others. Beside that, the implementation of space technology has led the international community to deal with various crises. Stockholm Declaration of 1972 is the regulation of development and environmental protection, as well as a reflection of international public awareness about the interplay between development, environmental balance and life. The international community should not only deal with the national interest, but they requires the international community to deal with common interests. So, for balancing environment and development as a prerequisite for a good life, it needs a global environmental protection regulation. In order to implement global environmental protection, the international community tried to use the principle of togetherness as a feature of international relations. Based on the principles of community expected every state to engage in solving global environmental problems. The existence of the principle of solidarity, the States may follow up with the cooperation between them, so those states respect each cooperation undertaken as a consequence of members of the international community. Thus the principle of unity in the international community can be used as a basis to organize the implementation of global environmental protection. Keywords: The Environmental Law, Togetherness principles, Global environmental protection. I. INTRODUCTION The development of environmental regulation can not be separated from the worldwide movement to give greater attention to the environment, given the fact that the environment has become an issue that needs to be addressed together for survival in the world. Each generation should inherit the earth in good condition, no damage, so that they receive and utilize them better and every generation heir who receives both have an obligation to preserve the inheritance and the right to use. Implementation according to Gundling must be done by applying the principles of environmental protection by taking into account the state of development and problems that are specific to each country and should be applied preventively reduce pollution in the form of
  • 2. Proceeding - Kuala Lumpur International Business, Economics and Law Conference 4 (KLIBEL4) Vol. 3. 31 May – 1 June 2014. Hotel Putra, Kuala Lumpur, Malaysia. ISBN 978-967-11350-3-7 obligations and perform the redesign of environmentally sound technologies.1 For the basic concept of environmental protection is done is a global environmental protection system based on the principles applicable in the global ecosystem. The global environment is the environment as a whole, which is the container in which life takes place interplay between the living and the environment in which his life and there is a relationship of mutual dependence is called an ecosystem.2 As a system, the ecosystem will be subject to the laws applicable in the system. The process of a system is determined by the quality of each component. A process will take a balanced if the quality of each component does not change. Equilibrium condition for the stability of the system is a function of each component of the system. The balance is a condition that is natural and dynamic balance of a balance to the other. That change can be drastic or simple nature. Considered an environmental problem occurs, if the change goes beyond the ecosystem components. In the process of the global ecosystem, the change can be caused by natural processes, such as forest fires, volcanic eruptions, or human behavior. Environmental problems faced by humans is due to problems arising from human activities in exploiting their environment. Humans provide great opportunities to interfere in the natural ecosystem processes, namely by creating various forms of technology and apply it in the field of life, but the technology is not only a human creation to exploit nature, but also ruin it . Now the application of technology has shown the other side of his nature. Various components such as the global ozone layer suffered a fatal disorder, it poses an immediate threat to life supporting components, such as water, air, soil and other, even after the Second World War, there is a change in the orientation of the international community, namely the application of the broadest technology namely space technology, which resulted in the international community to deal with various crises. Energy system that is used to support any industrial process and other activities resulting in deterioration of water quality, air, soil, and other life supporting element, so it will cause the international community to deal with the energy crisis that will ultimately lead to the destruction of the ecosystem. Based on these facts, the United Nations ( UN ) began thinking about the possibility of organizing an international conference on environmental issues, and then created a resolution that affirms the importance of concerted action both at national and international levels to address environmental problems. In the session of the UN confirms that environmental problems are essentially problems are global and therefore absolutel y require new attitudes, responses and new approaches . In this regard, the UN General Assembly passed a resolution in 2398 on the United Nations Conference on the Human Environment which among other things stated : ... to provide a framework for a comprehensive concideration within the United Nations of the problems of the human environment in order to focus the attention of the Government and public opinion on the importeance and urgency of this question and also to identify those aspects of it that can only or best be solved through international cooperation and agreement ... 3 Based on the resolution of the UN environmental conference held in Stockholm in 1972, the conference is oriented on practical measures to protect the environment . The conference resulted 1 Gundling Lothar, dalam Ida Bagus Wyasa Putra, (2003), Hukum Lingkungan Internasional, Perspektif Bisnis Internasional, Bandung, Refika Aditama, page. 70 2 Ibid, page. 55 3 United Nations General Assembly (UNGA) 43/53 Resolution
  • 3. Proceeding - Kuala Lumpur International Business, Economics and Law Conference 4 (KLIBEL4) Vol. 3. 31 May – 1 June 2014. Hotel Putra, Kuala Lumpur, Malaysia. ISBN 978-967-11350-3-7 in a declaration, the 1972 Stockholm Declaration ( Declaratoin of the United Nations Conference on the Human Environment ), which contains 26 principles of management and environmental protection, 109 recommendations, including the institutional system that would be responsible for implementing the declaration. After the 1972 Stockholm conference, the international community hold back a conference, the 1992 Rio Conference (United Nations Convention on Environment and Delevopment ), held in Rio de Janeiro, which is a meeting that is intended to be more thoroughly discussed and set the global environmental problems, by applying the principle of sustainable development. In the UN General Assembly Resolution 44/228 , asserting : ... The conference should elaborate and reserve the effects of environmental degradation in the context of national and international Increased Efforts to promote sustainable and environmentally sound development in all countries.... Stockholm Declaration of 1972 was a compromise between development and environmental protection, as well as a reflection of international public awareness about the interplay between development, environmental balance, and life . Environmental protection and ecological balance is a prerequisite for development. While the balance environment and development is a prerequisite for a good life and a good life is a prerequisite for development and environmental balance. Awareness of the international community affirmed in various international policy well established within the framework of the United Nations and outside it. In Resolusion UNGA 37/7 mentioned ... Aware that : a) Mankind is a part of natural and life depends on the uninterrupted functioning of natural systems roomates Ensure the supply of energy and nutriens ; b) Civilization is rooted in nature , the which has a shape and influence all human culture and specific artistic achievement, and living in harmony with nature gives man the best opportunities for the development of his creativity , and for rest and creation .. Furthermore, the general principle mentioned Resolution . .. States shall : maintain ecosystems and related ecological processes essential for the functioning of the biosphere in all its diversity, in particular those important for human survival and sustainable ... developments.” Rio Declaration states that human beings are at the core of sustainable development goals, and thus development should reflect a balance between a productive life with well-maintained environment. Thus, any development activities, including the implementation and use of environmental technologies should be conducted based on the principle of ecosystem protection. Under the Stockholm Declaration of 1972 every person has a duty to protect and improve the environment for present and future generations the benefit of future generations. This protection is done by placing the planning as a means to harmonize the contradiction between development and environmental protection. Such protectionis referred to as global environmental protection. With regard to the principles of the Stockholm Declaration of 1972, the Rio Declaration stated each State shall establish standards and processes industrial waste that may be harmful to the environment, including how to deal with the impact. Provisions indicate that the protection of the global environment is essentially based on two general principles, namely the principle of the relationship between human and their environment and the principles of the relationship between human and every generation. According to the first principle that human beings are part of the structure of the ecosystem, humans affect and be affected by any incident in the ecosystem, while the second principle as part of a whole generation, have an obligation to maintain and preserve the earth. Every generation, both heir and who receives an inheritance, having a duty to maintain as well as the right to use it. According to Weiss, this principle can be formulated in three principles:
  • 4. Proceeding - Kuala Lumpur International Business, Economics and Law Conference 4 (KLIBEL4) Vol. 3. 31 May – 1 June 2014. Hotel Putra, Kuala Lumpur, Malaysia. ISBN 978-967-11350-3-7 1. Each generation must protect biodiversity based on the principles of and cultural environment ( conservation of option ) 2. Each generation must maintain ecosystem balance of the earth ( conservation of quality) 3. Each generation must give equal rights to any member of the generation that entered his generation ( conservation of access). Based on the above, the basic concept of global environmental protection is based on the principle of the protection system prevailing in the global ecosystem, where the main factor is the background is the result of development activities primarily due to the application of technology development, so that the basic principles of environmental protection so it is principles of human relations with the environment and the principles of human's relationship with their generation. The principles to be implemented by the international community, we need a global environment protection regulations, based on a general principle in international law . II . DISCUSSION 1 . Environment As An Overall Environment covering the territory of a State environmental section and part of the environment that are not part of the territory. Part of the environment to be part of a State territory applicable agreement both countries are regulated through an agreement or born of customary international law . Since 1970 developing a view of the environment, more pointedly that the environment of the earth, as a whole is called the global environment. This view is looking at the environment of the earth as a large ecosystem, the only place where humans live and drape life. This view bring new concepts of international regulation utilization and protection, among others characterized by the new concept of the environment as a whole, the environment as a common heritage of mankind, the environment as an object of mutual interest, global crisis, and a joint effort to address environmental issues. The concept of the environment as a whole make new concepts about the object of international environmental law, the elements of the global environment, which in principle is an integral and inseparable form and affect the quality of the environment as a whole. The elements of the global environment consists of elements that are in the territory of a State, such as water, soil, and forests, as well as the elements that because of the nature or location can not be made the object of ownership by a State, such as the ozone layer, air and layer of the atmosphere located in the area outside the territory of each State. The concept of the environment as a common heritage of mankind make a universal humanism movement that puts human beings as a whole or on behalf of the whole to jointly confront nations against State actions that are damaging to the environment. In essence, humans are not the owner, but part of the structure of the ecosystem . Humans affect and be affected by any incident occurring within the ecosystem. As part of the ecosystem, humans do not have the right to destroy, humans must use their environment in accordance with the principle of continuity of life. Furthermore, as part of a whole human generation, both past generations and future generations have an obligation to maintain and preserve the earth. Legal principles for environmental protection and sustainable development includes general principles of law, the rights and obligations regarding them : the fundamental rights of human
  • 5. Proceeding - Kuala Lumpur International Business, Economics and Law Conference 4 (KLIBEL4) Vol. 3. 31 May – 1 June 2014. Hotel Putra, Kuala Lumpur, Malaysia. ISBN 978-967-11350-3-7 beings on the environment adequate for health and well-being; conservation of the environment and natural resources for the benefit of present and future generations; biodiversity conservation and the maintenance of ecosystems and ecological processes essential for the functioning of the biosphere ; certain environmental standard -setting and implementation of monitoring systems to make the evaluation of environmental quality and resource utilization; manufacture of the environmental impact assessment of activities that may have important implications on the environment or natural resources. Sustainable society can be achieved when associated with nine principles outlined, namely: respect and maintain community of life; improve the quality of human life; conserve the earth’s vitality and diversity of the earth by conserving ecological life support system and ensure biological diversity and sustainable use of natural resources that can be updated; sustain development within the carrying capacity of the earth; changing behavior and personal conduct; give an opportunity the people to maintain their own environment. 2 . Stockholm Declaration 1972 The development environment regulations can not be separated from the worldwide movement to give greater attention to the environment, given the fact that the environment has become an environmental problem that needs to be dealt with for the sake of survival in the world. Attention to environmental problems started from the Economic and Social Council of the United Nations, talks about the environment discussed the possibility of organizing an international conference on the human environment. UN calls for increased efforts and national and international measures in order to cope process of deterioration of environmental quality in order to be saved ecological balance and harmony, for the sake of human survival. In addition, pay attention to the efforts to protect and promote the interests of developing with and unite harmoniously adjusting national policy on environmental issues with the national development plan priorities. Has growing international awareness of the international community to encourage the United Nations held a conference on the environment (United Nations Conference on the Human Environment ) in Stockholm, Sweden. In preparation for the conference , there are 6 basic events, namely : 1. Planning and management of human settlements for the sake of the quality of the environment 2. Environmental aspects in the management of natural resources 3. Identification and control of pollution and other types of disorders that affect a broad international 4. Aspects of education, information , social and cultural in environmental issues 5. Development and the environment 6. Implications of international organizations on actions proposed conference In addition there is the formulation of the draft , namely : 1 . Declaration on the Human Environment 2 . Sea Pollution 3 . Soil pollution 4 . Monitoring and supervision 5 . nature Conservation The next conference was held in Stockholm and produce : 1. Declaration on Environment consists of a Preamble and 26 principles 2. Human Environment action plan consists of 109 recommendations, including 18 recommendations on the planning and management of human settlements. 3. Recommendations on institutional and financial support the implementation of the Action Plan.
  • 6. Proceeding - Kuala Lumpur International Business, Economics and Law Conference 4 (KLIBEL4) Vol. 3. 31 May – 1 June 2014. Hotel Putra, Kuala Lumpur, Malaysia. ISBN 978-967-11350-3-7 The declaration known as the Stockholm Declaration of 1972. When examined the results of the Stockholm conference, then it can be drawn a conclusion that the preamble, principles and clear recommendations on the management of environmental issues, including the regulation through legislation. With the Declaration of the Stockholm acquiring a strong impetus for the development of environmental regulation, both the national level, regionally and internationally. Stockholm Declaration of 1972 is a very important step forward for efforts to save the environment from destruction due to human action . This Declaration as the beginning of the era of the global environment.4 In principle 21 stated: State have, in accordance with the Charter of the United Nations and the principles of international law, the soverign right to exploit their own resources pursuant to their own environmental policies .. . The principle justify placement environment as an object of power and jurisdiction of a State and hence the environment in such status subject to the national law of a particular country, especially with the proviso that such right of offset obligation for each country to take advantage of the environment that are part of its territory is not to cause harm against the State or any other party. Furthermore, the principle 21 states : States have , in accordance with the Charter of the United Nations and the principles of international law , ... responsibility to Ensure that activities within their jurisdiction or control do not cause damade to the environment of their states or of areas beyond the limits of national jurisdiction. 3 . Declaration of Rio Janeiro in 1992 This declaration resulted in the Conference on Environment and Development in Rio Janeira UN 1992 as an affirmation of the Stockholm Declaration of 1972. The purpose of this conference is to create a new global partnership and fair, through the stages of cooperation among States, based on the integration of the concept of development and environmental protection and awareness of integration and interdependence of natural earth. Conference reaches consensus on some very important areas as outlined in the various documents and agreements , namely : a. The Rio de Janeiro Declaration on Environment and Development, which contains 27 fundamental principles on environment and development b. Non- Legally Binding Authorative Statement of Principles for a Global Concencuson the Management of all Types of Forest ( Foresty Principles ) c. Agenda 21, which basically describes the framework agreed by the international community, which aims to achieve sustainable development in the early 21st century. Agenda 21 is a global action plan was first conceived as a whole covers a wide range of sustainable development issues of economic, social and environmental different and receiving inputs from all countries in the world. In the preamble of Agenda 21 MF Strong, Secretary General of UNCED (United Nations Conference on Environment and Development) states that no country on their own will be able to manage and protect the ecosystem and bring a more prosperous future. Together these things can be achieved, in a global partnership for sustainable development.5 In the outline of Agenda 21 covers, holding international cooperation to enhance Daud Silalahi, (1992), Hukum Lingkungan, Bandung, Alumni, page. 18 5 Koesnadi Hardjasoemantri, (1994), Hukum Tata Lingkungan, Yogyakarta, Gadjah Mada Universty Press, page. 22-23
  • 7. Proceeding - Kuala Lumpur International Business, Economics and Law Conference 4 (KLIBEL4) Vol. 3. 31 May – 1 June 2014. Hotel Putra, Kuala Lumpur, Malaysia. ISBN 978-967-11350-3-7 sustainable development in developing countries; combating poverty; changing patterns of consumption; develop demographic dynamics and sustainability; protect and promote human health; promote sustainable settlement; establish policies for sustainable development; protects the atmospheric; execute energy transition; implement integrity approach to the use of land resources; combat deforestation; halt the expansion of the desert; protect mountain ecosystems; meet agricultural needs without damaging the soil; conserve biodiversity; implement environmentally sound management biotenologi. The 1992 Rio Declaration reaffirms the contents of the declaration of the UN conference on the environment , agreed in Stockholm in 1972 , and by basing on the Declaration, the preamble of the 1992 Rio Declaration are: - Interlocking pursued the establishment of a new global partnership and fair to realize a new level of cooperation and close between countries, which are the main actors in the lives and relationships of society and nations; - In an effort to provide a basis for the preparation of the efforts of international treaties that respect the interests of all parties and protect the interests of each party and to protect the integrity of the global environmental and developmental system; - Become aware of the integration and interdependence of natural creatures on earth , a place to stay together. Rio Declaration is a compromise because of the receipt of the declaration by every country in the world and not only by a group of States. The results of the Rio Declaration, namely : 1. Has linked two key notion, namely the development of the whole earth and environmental protection 2. The existence of the spirit of Rio which includes three dimensions, namely the intellectual dimension, the economic dimension and the political dimension. 4. Stockholm Convention 2001 In the last few decades the international community has been widely developed the 100,000 synthetic chemicals are used to control the disease, increase food production and provide comfort in everyday life. Of the chemical produced, there are categorized as persistent pollutants (persistent organic pollutants / POPs ) that have toxic properties, it is difficult to unravel. This is the consideration of the establishment of the Convention Stockhholm, 2001, namely : a. Recognizing that persistent organic pollutants possess toxic properties, resist degradation, bioaccumulate and are transported, through air, water and migratory species, across international boundaries and deposited far from their place of release, where they accumulate in terrestrial and aquatic ecosystems, b. Recognizing that persistent organic pollutants possess toxic properties, resist degradation, bioaccumulate and are transported, through air, water and migratory species, across international boundaries and deposited far from their place of release, where they accumulate in terrestrial and aquatic ecosystems, c. Aware of the health concerns, especially in developing countries, resulting from local exposure to persistent organic pollutants, in particular impacts upon women and through them, upon future generations, d. Conscious of the need for global action on persistent organic pollutants. Given the negative impact on the use of materials such POPs encouraged many countries to agree on the Stockholm Convention. The Convention aims to protect human health and the environment from POPs materials by means of prohibiting, reducing, limiting the production and use of POPs stockpiles and manage environmentally sound. Subject matter in the Stockholm Convention are
  • 8. Proceeding - Kuala Lumpur International Business, Economics and Law Conference 4 (KLIBEL4) Vol. 3. 31 May – 1 June 2014. Hotel Putra, Kuala Lumpur, Malaysia. ISBN 978-967-11350-3-7 prepared based on the principles of international law, namely that every State has the sovereign right to exploit their natural resources in accordance with the environmental policy and development and have a responsibility to ensure that activities within its jurisdiction or control do not result in a detriment to the environment State or areas beyond the limits of national jurisdiction. 5 . Togetherness Principles of International Community The reality of the international community shows that as a society, the international community is not only dealing with national interests, but there is also a moment that requires the international community to deal with common interests. Mochtar Kusumaatmadja stated that States are independent and have equal interests to maintain and manage beneficial relationships, so it is a mutual interest. Furthermore, according to Mochtar that behind the national interests of each country, each state also has an interest that is of common interest, the interest arising from the basic properties of each community.6 According to Fergus Watts : ... It is .... axiomatic that we as individuals or groups of individuals share resources in the territory. We need to define common norms of behavior. Wether this is true we are speaking of a family, small town, a province of the country, of the world community ... Related with the principles of togetherness, in article 74 of the Charter of the United Nations (UN), there is a general principle about good neighborliness and the principle of friendly obligation between countries, and the concept that is currently being developed is the concept of peaceful coexistence, which sets out principles which include: a. respect the integrity and sovereignty , b. mutual aggression , c. mutual non-interference in each country , d. equality and mutual benefit , e. peaceful coexistence . Furthermore, the doctrine of peaceful coexistence is stated in other treaties as well as in a number of international declarations, and this doctrine include the obligation to actively cooperate in the fields of economy, culture and others. This coexistence doctrine expressly stated or implied in the contents of the UN Charter as well as in the constitutions of other international organizations.7 In addition, the International Law there is a school of thought which considers that the community of nations as a social being, which is a school that is doing a sociological approach, in which the international community as a social creature would require interaction with one another to meet their needs. However progress of a country, will not be able to live alone.8 In the international community requires interaction rules to provide certainty over what is done. Interaction on the international community to meet the common interests of creating order and certaint . 6. The Implementation of Togetherness principle In Global Environmental Protection Regulations The development of the international community shows that before the rise of awareness about the global nature of the environment, the international community togetherness is only an implicit element of the international community. Beyond that each country prioritizes national interest and 6 Mochtar Kusumaatmadja, (1982), Pengantar Hukum Internasiona, Bandung, Binacipta, page. 12 7 Bambang Iriana, (1989), Pengantar Hukum Internasional, Saduran dari .J.G. Starke, An Introduction To International Law, Jakarta, Sinar Grafika, page. 145 8 Sefriani, (2012), Hukum Internasional, Suatu Pengantar, Depok, Rajawali Press, page. 14
  • 9. Proceeding - Kuala Lumpur International Business, Economics and Law Conference 4 (KLIBEL4) Vol. 3. 31 May – 1 June 2014. Hotel Putra, Kuala Lumpur, Malaysia. ISBN 978-967-11350-3-7 strive to solve any problems that it faces alone. After the Second World War the international community tries to use the principles of togetherness as a feature of international relations, but that effort has not gone completely, as well as the provisions of international law guaranteeing freedom of the State extremely, even the freedom to destroy the environment that are part of its territory.9 Such provisions tend to give priority to the protection of property rights in specific country. In certain circumstances a State even possible to foretell for each release responsibility for the consequences of its activities.10 Nevertheless, the classical attitude Countries can no longer be maintained, a growing environmental problem into a global problem and can not be addressed by one or a few countries, because it is solving a problem in terms of the nature of these problems requires approaches, forms of cooperation and conditions the new provisions are more in line with the nature of the problem that must be addressed. According to Friedman, this is because such circumstances that resulted in the rapid development of international law based on the principle of cooperation and participation principles.11 According Jenka this is an international association that acceleration continues to increase, as well as the evolving nature of the problem of the issues that are individual to the problems that are together ( matter of common concern) . That development bring to the new requirements of the provisions of law which has equivalent properties to the nature of the problems that arise from these developments, which are global. Based on the above, the application of a global approach in the regulation of international activities can be carried out by means of the establishment of global agreements and establish agreements through national policies of each country based on the principle of balance of rights and obligations.12 However, the implementation of a global approach to experience weakness, thus encouraging the development of new approaches in the creation and application of international law, such as the partnership approach in which the formation and application of the law based on an obligation, the participation of the international community, limiting their own actions and the principle of pacta sunt servanda 13 Patterns that can be applied in setting the global environmental protection is a preventive form of international law as a realization of the establishment of a more just and prevent adverse impacts on the common interests of the international community committed at the international level, regional and national. Based on the patterns of global environmental protection regulations, the implementation of the principle of unity is expected every country to engage in solving global environmental problems. The existence of the principle of solidarity, the State may follow up with the cooperation between the State, so that countries respect each cooperation undertaken as a consequence of members of the international community. Thus the principle of unity in the international community can be used as a basis to regulate the protection of the global environment, by working together and mutual respect. III . CONCLUSION Based on the above, it can be concluded that the adoption of a global approach in the regulation of international activities can be carried out by means of the establishment of global agreements and establish agreements through national policies of each country based on the principle of balance of 9 Friedman, Wolfgang, (1964), The Changing Structure of International Law, London, Stevens Sons, page 81 10 Mieke Komar Kusumaatmadja, (1982), Bunga Rampai Hukum Lingkungan Laut Internasional, Bandung, Alumni, page.5 11 Friedman, Op.Cit, page. 81 and 95 12 Ida Bagus Wyasa Putra, Op.Cit, page. 74 13 Friedman, Loc.Cit
  • 10. Proceeding - Kuala Lumpur International Business, Economics and Law Conference 4 (KLIBEL4) Vol. 3. 31 May – 1 June 2014. Hotel Putra, Kuala Lumpur, Malaysia. ISBN 978-967-11350-3-7 rights and obligations. The application will be further specified in the provisions relating to the regulation of global environmental protection in accordance with international activities in general regulation. Based on the togetherness principle, the international community can implement global environmental protection regulations through the cooperation between states, as an effort to create awareness of the environment into shared responsibility. IV . REFERENCES Aust Anthony, (2000), Modern Treaty Law and Practice, Cambridge, Cambridge University Press Bambang Iriana, (1997), Cet.II, Pengantar Hukum Internasional, Saduran dari .J.G. Starke, An Introduction To International Law, Jakarta, Sinar Grafika Daud Silalahi, (1992), Hukum Lingkungan, Bandung, Alumni -----------------, (1992), Pengaturan Hukum Lingkungan laut Indonesia dan ImplikasinyaSecara Regional, Jakarta, Pustaka Sinar Harapan. Dinstein Yoram, (1994), War, Aggression and Self-Defence, Britain, Cambridge University Press Friedman, Wolfgang, 1964, The Changing Structure of International Law, London, Stevens Sons Ida Bagus Wyasa Putra, (2003), Hukum Lingkungan Internasional, Perspektif Bisnis Internasional, Bandung, Refika Aditama Koesnadi Hardjasoemantri, (1994), Hukum Tata Lingkungan, Yogyakarta, Gadjah Mada Universty Press McCorquodale Robert, Dixon Martin, (2003), Cases and Materials on International Law, Oxford Oxford University Press. Mieke Komar Kusumaatmadja, (1982), Bunga Rampai Hukum Lingkungan Laut Internasional, Bandung, Alumni Mochtar Kusumaatmadja, (1982), Pengantar Hukum Internasional, Bandung, Binacipta Munadjat Danusaputro, (1980), Hukum Lingkungan, Buku I: Umum, Bandung, Binacipta. Sefriani, (2012), Hukum Internasional, Suatu Pengantar, Cet. II, Depok, Rajawali Press Declaration of The United Nations Conference on The Human Environment, 1972 (Stockholm Declaration 1972) Rio Declaration, 1992 Stockholm Convention on Persistant Organic Pollutants, 2001 (Stockholm Convention, 2001) United Nations General Assembly 43/53 (UNGA) Resolution Undang-undang Republik Indonesia Nomor 19 Tahun 2009 tentang Pengesahan Stockholm Convention On Persistent Organic Pollutants (Konvensi Stockholm tentang Bahan Pencemar Organik Yang Persisten) Undang-undang Republik Indonesia Nomor 32 Tahun 2009 tentang Perlindungan dan Pengelolaan Lingkungan Hidup