CD Skripsi
Tanggu Jawab Negara (State Responsibility)Terhadap Pencemaran Uadara Lintas Batas Negara Berdasarkan Asean Agreement On Trasboundary Haze Pollution
Transboundary Haze Pollution caused by forest fires has become a regional problem. The Impacts of the haze has threatened the stability of security, economy and the lives of individuals in ASEAN member countries. However, the basis for the action requested State responsibility against the State which has done a disservice other countries. Procurement of handle of the the haze is one of them by making some agreements containing about cooperation of ASEAN member countries, one of them through the ASEAN Agreement on Transboundary Haze Pollution.
Therefore, in this thesis formulated three of this problem, Firstly, How the state responsibility set out in the ASEAN Agreement on Transboundary Haze Pollution. Secondly, the consequences of the State Pollutant under the ASEAN Agreement on Transboundary Haze Pollution. Thirdly, is How the dispute settlement mechanism within ASEAN. In this paper the theoretical framework used 3 to find the answer formulation of the problem formulation Theory State Sovereignty (ground norm theory), Principles of International Environmental Law (middle norm theory), and the sense of responsibility the State Theory (applied norm theory).
This study classified the types of normative juridical studies that discuss the legal aspects of both the general principles of law to comparative law. More are specified based on international conventions, treaties, and various legal instruments relating on transboundary air pollution. While the approach is a conceptual approach. The approach includes the views and doctrines developed in this research. Through this method, writers finds the idea that gave birth to the law, legal concepts, and principles of law relevant to the issues at hand.
The results of this research revealed that Transboundary Air Pollution is the main responsibility of all ASEAN countries. With the decaration and the signing ASEAN Agreement on Transboundary Haze Pollution. AATHP is the basis of a cooperation agreement to prevent transboundary air pollution caused by forest fire haze. This is more in agreement orient the responsibilities among ASEAN member countries in dealing with haze pollution. As for the rules related to the enforcement mechanisms, dispute resolution or sanctions are not specifically listed in the agreement. As described in Article 27 AATHP is more focused dispute resolution non-litigation, through consultation and negotiation.
It can be concluded that the responsibility capable implemented optimally, each State ratifying fatherly obligations given that the agreement can be implemented in any ASEAN country. By ratifying AATHP State has an advantage, both in terms of prevention, forest fire fighting, and others
. Keywords: Haze, Transboundary Air Pollution
Tidak tersedia versi lain