ISSN: 2772-9486
Resource Curse: The Challenge in Implementing International Environmental Legal Obligations Regarding Climate Change for a Newly Industrialized Country By Dara Masita*
ABSTRACT Indonesia, being one of the climate superpowers, holds responsibility in mitigating its emissions. Due to the fact that Indonesia has abundant resources, however, seeks economic growth at the expense of the environment, they are coined to have the ‘resource curse’. Nevertheless, climate change mitigation is still expected from the parties to the Paris Agreement. This article explores the question, ‘How effective is Indonesia’s implementation of international environmental legal obligations as per Article 4(2) of the Paris Agreement regarding mitigation efforts of climate change?’. Article 4(2) of the Paris Agreement requires State Parties to submit their Nationally Determined Contributions (NDCs) and pursue mitigation measures in line with their NDCs. Indonesia has conveyed its mitigation plans in their NDCs. However, its state practice is contradicting its NDCs. By exploring Indonesia’s domestic environmental framework, the nation has comprehensive environmental regulations. Nonetheless, their enforcement measures are still lacking. Hence, it should be no surprise that Indonesia is not implementing their international environmental obligations properly. Especially with the new and controversial Omnibus Law which deregulates several environmental regulations. By comparing Indonesia’s NDCs and its state practice, the pattern shows that they are not aligning with their climate change mitigation efforts in Article 4(2). In particular, their mitigation efforts are not enough within the forestry and energy sector. Indonesia’s yearning for economic growth at the expense of the environment should be reevaluated. It is imperative for Indonesia to improve its implementation mechanism since climate change is a global issue and there is more to lose each day.
*
LL.B. Candidate, International and European Law Program, The Hague University of Applied Sciences.
2022 issue 1 ILSA Law Journal
36
