Environmental Policy and Law - Volume 53, issue 2-3

Authors: Kooffreh, B.E. | Anyatang, Brian F.I. | Aminone, Voke Tonia

Article Type: Research Article

Abstract: This article seeks to examine as to how relevant environmental policy and legal principles deal with adaptation and mitigation challenges posed by climate change in Sub-Saharan Africa. It reviews and analyzes relevant provisions and processes of the UN Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol, the Paris Agreement as well as other relevant principles such as common but differentiated responsibility and respective capability (CBDRRC) and binding emission reduction targets. The Sub-Saharan Africa’s attempts to adapt to and mitigate the effects of climate change are reviewed along with the challenges in the region including the urgent need for climate …financing. It concludes by urging the creation of a separate department of climate change by the Sub-Saharan African States, the implementation of environmental liability insurance, the revitalization of the West African power pool project, and the creation of a robust financial mechanism under the Paris Agreement for adaptation and mitigation policies in the Sub-Saharan Africa. Show more

Keywords: Climate change, adaptation, mitigation, Paris agreement, Sub-Saharan Africa

DOI: 10.3233/EPL-230079

Citation: Environmental Policy and Law, vol. 53, no. 2-3, pp. 197-204, 2023

Authors: Abubakar, Lastuti | Handayani, Tri

Article Type: Research Article

Abstract: Environmental Fund Management (EFM) is a government effort to optimize EEI (Environmental Economic Instruments), to preserve the functions of the ecosystem. Based on regulation, EFM is entrusted to the Indonesian Environmental Fund (BPDLH) through channeling, fund fertilization, and distribution. BPDLH is appointed a trustee to manage the environmental fund, especially the trust/conservation assistance finance. The existence of trustee agreements often requires follow-up from a legal aspect. This is because Indonesia’s legal system does not recognize the trust law essentially acknowledging the dual ownership of an asset/property. Therefore, this study aims to analyze the use of the trust model in environmental …fund management from a legal perspective. It also aims to evaluate the reasons Indonesian law needs to propose a trust policy as the basis for any activity adapting to conservation assistance, including EFM. This study was carried out by using a normative and qualitative juridical analysis. The results showed that the model used in EFM was a legal adaptation of the trust law and was adjusted to the Indonesian constitutional system not recognizing dual ownership. This trust model emphasized an agreement as a legal basis and limited the trustee’s authority in managing funds, leading to suboptimal environmental finance management, especially in nurturing money. Meanwhile, the environmental fund managed by BPDLH was relatively small compared to the needs. This proved that the trust model was represented by individuals/institutions as beneficiaries, based on an agreement with the trustee. From this context, the presence of Indonesian Trust law was capable of ending the legal vacuum in the constitutional system of the country. By specifically regulating the principles of trust and incorporating the dual ownership concept into the proposed law, the goal of fund management was achieved, including environmental finance. The management goal also maximized the benefits for the beneficiaries, namely the environment Show more

Keywords: Environmental fund management, trust model, trust law

DOI: 10.3233/EPL-230013

Citation: Environmental Policy and Law, vol. 53, no. 2-3, pp. 205-217, 2023