Market shared liability: an alternative to proportionally impose guilt in civil lawsuits against corporations causing land degradation
| Date | 30 January 2024 |
| Pages | 117-133 |
| DOI | https://doi.org/10.1108/JPPEL-05-2023-0022 |
| Published date | 30 January 2024 |
| Subject Matter | Property management & built environment,Building & construction,Building & construction law,Real estate & property,Property law |
| Author | Ghansham Anand,Dita Elvia Kusuma Putri,Tristania Faisa Adam |
Market shared liability: an
alternative to proportionally
impose guilt in civil lawsuits
against corporations causing
land degradation
Ghansham Anand,Dita Elvia Kusuma Putri and
Tristania Faisa Adam
Faculty of Law, Airlangga University, Surabaya, Indonesia
Abstract
Purpose –This paper aims to analyze the legalframework of land degradation in Asia and provide market
shared liability as a new theory to solve a problem regarding the difficulty for judges to determine the
percentage of compensationfor corporations responsible for land degradation.This paper aims also presents
a theory to solve the problem of the vacuum of legal responsibility theory, which can make corporations
proportionallyresponsible in terms of causing landdegradation.
Design/methodology/approach –This was done through legal research methods, mainly with
systematicalinterpretation. The approach used in this paperis conceptual, statute and comparative approach.
Findings –By analyzing the related legal norms, it can be understood that in Asian countries, such as
Indonesia, Thailand and Malaysia, there are regulations regarding land degradation. However, the
regulations in these countriesare not specific and tend to focus on nature conservation,which has an impact
on handling landdegradation. Therefore, it needs special regulationto deal with land degradation. One of the
things thatneed to be regulated about land degradationis a market shared liability.
Research limitations/implications –This research is limited to regulation in the Asia region. By
analyzing the regulation, this paper will provide an analysis about the land degradation regulation
mechanism in Asia and give an analysisabout market shared liability as one of the solution to handling land
degradation. Having the same ground rules will create synergies between countries in Asia to handle land
degradation.
Originality/value –This paper is the first systematic legal research comparing regulations from three
nations in Asia on land degradation and the first paper to provide market shared liability as a solution to
handlingland degradation.
Keywords Civil lawsuit, Effective rule of law, Land degradation, Land restoration,
Market share liability, The principle of proportionality
Paper type Research paper
Introduction
The 70th United Nations (UN) General Assembly in September 2015 in New York, USA,
became a new historical pointin global development, ratifying the Sustainable Development
Goal (SDG) Agenda as a globaldevelopment agreement (Kim, 2023). This was done because
the problem of environmental damage is not only a national problem, but has become a
global problem that must be addressed with total commitment by countries in the world
together (Abrianto, 2021). To achieve the Sustainable Development Goals, there are 17
indicators to be achieved:
Market shared
liability
117
Received22 May 2023
Revised9 July 2023
10September 2023
12November 2023
Accepted17 November 2023
Journalof Property, Planning and
EnvironmentalLaw
Vol.16 No. 2, 2024
pp. 117-133
© Emerald Publishing Limited
2514-9407
DOI 10.1108/JPPEL-05-2023-0022
The current issue and full text archive of this journal is available on Emerald Insight at:
https://www.emerald.com/insight/2514-9407.htm
(1) No poverty;
(2) Zero hunger;
(3) Good health and well-being GOAL;
(4) Quality education;
(5) Gender equality;
(6) Clean water and sanitation;
(7) Affordable and clean energy;
(8) Decent work and economic growth;
(9) Industry, innovation and infrastructure;
(10) Reduced inequality;
(11) Sustainable cities and communities;
(12) Responsible consumption and production;
(13) Climate action;
(14) Life below water;
(15) Life on land;
(16) Peace and justice strong institutions; and
(17) Partnerships to achieve the goal (Giles-Corti et al., 2020).
One of the indicators in the SDGs that rarely gets attention is the 15th indicator, Life on
Land (Novalia, 2019). The purpose of this indicator in the SDGs is to protect, restore and
increase the sustainable use of terrestrial ecosystems, manage forests s ustainably, stop
desertification, restore land degradation and stop biodiversity loss (Woldeamlak et al.,
2017). Paragraph 33 of the 2030 Agenda for Sustainable Development also outlines the
linkage between sustainable management of the planet’s natural resources and social
and economic development as well as on “strengthening cooperation on desertification,
dust storms, land degradation and drought and promoting resilience and disaster risk
reduction”(Nunna and Banerjee, 2022). From Paragraph 33 of the 2030 Agenda for
Sustainable Development, it can be seen that one of the concerns is land degradation.
The importance of the problem of land degradation, the land, which is a source of food
and drink, is damaged, so it will also have an impact on humans (Pr
av
alie, 2021). It is
possible that when land degradation occurs, the lands on which the buildings on the
land are also damaged (Dai, 2022).
The importance of this landdegradation, even made the UN issued the UN Convention to
Combat Desertification (UNCCD) 1994, in which it regulates a lot related to the handling of
land degradation, For example, Article 3 of the UNCCD1994 regulates the principles in
handling land degradation: the Parties should ensure that decisions on the design and
implementation of programsto combat desertification and/or mitigate the effects of drought
are taken with the participation of populations and localcommunities and that an enabling
environment is created at higher levels to facilitate action at national and local levels; the
Parties should develop, in a spirit of partnership, cooperation among all levels of
government, communities, non-governmental organizations and landholders to establish a
better understanding of the nature and value of land and scarcewater resources in affected
areas and to work toward their sustainableuse; etc. (Puthucherril, 2014). Approaches to this
policy making in general at the national and even the local level (vide Article 9–11 of the
UNCCD1994).
JPPEL
16,2
118
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