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THEORY OF DISPUTE SETTLEMENT AND RESPONSIBILITY OF PRE-AND POST-RATIFICATION THE ASEAN AGREEMENT ON TRANSBOUNDARY HAZE POLLUTION (AATHP)
Fadia Fitriyanti, Yordan Gunawan

Faculty of law, Faculty of Law


Abstract

The provisions in AATHP are formulated in general so that it needs a study of the theory of dispute resolution and responsibility for transboundary haze pollution. The purpose of this research is the first to analyse the theory of dispute settlement for transboundary haze pollution pre-and post-AATHP, second analyse the theory of responsibility for transboundary haze pollution pre-and post-AATHP. The method used is normative juridical research. Data obtained from field research will be researched, verified and compiled according to the data source. The data will be analysed qualitatively, to support data obtained from library researcher or in seeking answers to various problems that have been formulated. Data analysis uses statute approach and case approach. Furthermore, the resulting research is in the form of analytical descriptive. The conclusions in this study will be taken deductively and inductively. Further research will be presented in an analytical prescriptive form. Based on the results of this study concluded that firstly theory of dispute resolution pre-ratification of AATHP is interstate dispute resolution theory. Post of Ratification, in Article 27 of the Agreement states that the settlement for parties that do not comply with the provisions in the agreement shall be settled amicably by consultation or negotiation. So indirectly, the agreement prioritizes diplomacy rather than law enforcement for the offender. It uses the theory of "non-interference" (non-intervention) and the use of internal peaceful means to resolve disputes without use violence. Secondly the responsibility theory used to resolve transboundary haze pollution pre-the ratification of AATHP, is the relative dispute resolution theory, and responsibility theory used post-ratification of AATHP is the Transformation Theory, that is, ratification cannot make an international agreement into force at the national level without the existence of special regulations governing the object of the international agreement.

Keywords: Theory of dispute settlement, Responsibility, AATHP

Topic: ASIAN Conference on Comparative Laws

Link: https://ifory.id/abstract/HqA7gYNfBpTz

Conference: The 3rd International Conference on Sustainability and Innovation (ICoSI 2019)

Plain Format | Corresponding Author (Fadia Fitriyanti)

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