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Peeters, Marjan --- "Elaborating on integration of environmental legislation: the case of Indonesialaborating on integration of" [2006] ELECD 504; 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 5

Section Title: Elaborating on integration of environmental legislation: the case of Indonesialaborating on integration of

Author(s): Peeters, Marjan

Extract:

4. The implications of international
conventions for the development of the
Environmental Management Act
Daud Silalahi

1. INTRODUCTION
This chapter deals with a particular aspect of the revision process of the
Indonesian Environmental Management Act, namely the relationship between
international law and more particularly international environmental agree-
ments and national environmental law, especially the Environmental
Management Act of 1997. It is my strong belief that within this reform process
of the Environmental Management Act the dispositions contained in interna-
tional environmental agreements will have to play an important role. Of course
I will examine this relationship more particularly with respect to the case of
Indonesia, although it will be clear that it bears importance for many other
countries as well. My general message is therefore that incorporating interna-
tional environmental obligations in national law can on the one hand lead to a
furthering and strengthening of international environmental legal obligations
but on the other hand also increase the quality of national environmental law.
Indeed, pollution appears at local, regional or global level. For example, the
use of an environmentally unfriendly technology can become a threat for bio-
safety. There is also significant use of dangerous chemical toxics which are
used in industrial activities. These may harm not only the environment and
human health, but also the global climate, including the ozone layer.
Environmental impacts, therefore, often go beyond national boundaries.
Consequently, there is an urgent need to create environmental standards and
legal mechanisms, including international cooperation for a better environ-
...