CD Skripsi
Penerapan Carbon Trade Atas Emisi Karbon Akibat Perang Sebagai Bentuk Pertanggungjawaban Dalam Hukum Internasional
ABSTRACT
Modern warfare is one of the largest sources of global carbon emissions, yet its impact on climate change escapes the framework of international legal accountability. A significant legal vacuum exists wherein International Humanitarian Law, International Environmental Law, and the UNFCCC Climate Regime are explicitly not designed to regulate or mandate the reporting of emissions from the military sector. Consequently, warring states lack accountability for their contribution to climate damage. This research aims to analyze existing accountability regulations to identify this legal gap and to analyze why carbon trade is the ideal mechanism for its solution.
This study uses a normative legal research method, conducted through a literature review with a qualitative analysis approach. Data were analyzed by examining primary legal materials, including international agreements such as the Geneva Conventions, UNFCCC, and the Paris Agreement, as well as secondary legal materials consisting of books, scientific journals, and related research reports.
The results of this research confirm a significant normative gap. It was found that International Humanitarian Law is not designed to regulate cumulative emissions; International Environmental Law faces challenges in proving causality for global climate damage; and the International Climate Regime under the UNFCCC and the Paris Agreement explicitly does not mandate the reporting of emissions from the military sector. This research argues that a carbon trading mechanism is an ideal solution to bridge this gap. This is based on the operationalization of the Polluter Pays Principle, which shifts the paradigm of accountability from the complex proof of damage to a quantifiable obligation based on emission volume. This mechanism offers a transparent and solution-oriented form of reparation, creates an economic disincentive for military aggression, and can be harmoniously integrated into the existing global climate governance architecture.
Keywords: Carbon Trade, War Emissions, State Responsibility, Climate Change, Polluter Pays Principle.
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