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Silalahi, Daud --- "The implications of international conventions for the development of the Environmental Management Act" [2006] ELECD 503; in Faure, Michael; Niessen, Nicole (eds), "Environmental Law in Development" (Edward Elgar Publishing, 2006)

Book Title: Environmental Law in Development

Editor(s): Faure, Michael; Niessen, Nicole

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845425197

Section: Chapter 4

Section Title: The implications of international conventions for the development of the Environmental Management Act

Author(s): Silalahi, Daud

Extract:

3. Three principles of environmental law:
the polluter-pays principle, the
principle of prevention, and the
precautionary principle
Andri G. Wibisana

1. INTRODUCTION
This chapter attempts to discuss three principles in environmental law, namely
the polluter-pays principle, the preventive principle, and the precautionary
principle. The discussion is intended to answer the question whether the exist-
ing Indonesian Environmental Management Act (Act No. 23 of 1997) has
recognized those principles and how this Act interprets those principles. To
answer the question, we need to discuss first what the principles mean exactly.
In this case, several objectives of the principles will be put forward for discus-
sion. After discussing those principles, we will analyse how the current act
recognizes or interprets the principles. Several consequences of incorporating
the principles into national legislation will also be discussed.
This chapter will discuss environmental policies from a law and economics
perspective. In this regard, this chapter analyses the interpretations of the
above-mentioned principles not only from a legal perspective, but also from
an environmental economics perspective. Furthermore, this chapter will also
address a crucial question as to why and how the principles should be incor-
porated into the environmental legislation of a developing country such as
Indonesia. By answering this question, I try to show whether the principles
have an important function in developing countries as well, although they have
mainly been developed within the context of countries with a rather well-elab-
orated legal system.
After this introduction I will first discuss ...