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Regulating Disasters, Climate Change and Environmental Harm

Regulating Disasters, Climate Change and Environmental Harm

Lessons from the Indonesian Experience

Edited by Michael Faure and Andri Wibisana

This book deals with questions concerning the regulation of disasters, climate change and environmental harm in developing countries, focusing on the particular case of Indonesia and addressing regulatory problems from a multidisciplinary perspective.

Chapter 4: A critical view on Indonesia’s legal responses to climate change

Andri Wibisana

Subjects: asian studies, asian law, development studies, law and development, environment, climate change, disasters, environmental law, law - academic, asian law, environmental law, law and development


The Conference of Parties (COP) 15 of the United Nations Framework Convention on Climate Change (UNFCCC), held in Copenhagen in December 2009, ended with no legally-binding commitments. The conference has produced the Copenhagen Accord, but left many issues unaddressed, and thus, creating uncertainty concerning the future of the Kyoto Protocol. This is certainly not a very promising outcome, since the COP13 in Bali has mandated a legally-binding agreement to be concluded in COP 15. The results of the conference have sparked critiques, while the world leaders started to blame each other for the collapse of the climate talks in Copenhagen. Developing countries pointed at the developed countries for the uneasy results of the Copenhagen meeting, as clearly indicated by the statement of the spokesperson of the G77 who blamed the US President for ‘locking the poor into permanent poverty by refusing to reduce US emissions further’. On the other hand, leaders of developed countries blamed the fast-growing developing countries for the failure. Still, however, other countries see the Accord as the best possible result of otherwise worse alternatives that could be achieved in Copenhagen. Hence, they declared their association with the Accord and subsequently submitted their emission reduction plans. Indonesia belongs to this latter group by submitting its unilateral pledge to cut emissions by 26 to 41 percent of its Business as Usual (BAU) emissions in 2020.

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