Market shared liability: an alternative to proportionally impose guilt in civil lawsuits against corporations causing land degradation

Ghansham Anand, Dita Elvia Kusuma Putri, Tristania Faisa Adam

Research output: Contribution to journalArticlepeer-review

Abstract

Purpose: This paper aims to analyze the legal framework 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 compensation for 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 proportionally responsible in terms of causing land degradation. Design/methodology/approach: This was done through legal research methods, mainly with systematical interpretation. The approach used in this paper is 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 countries are not specific and tend to focus on nature conservation, which has an impact on handling land degradation. Therefore, it needs special regulation to deal with land degradation. One of the things that need to be regulated about land degradation is 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 analysis about 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 handling land degradation.

Original languageEnglish
JournalJournal of Property, Planning and Environmental Law
DOIs
Publication statusAccepted/In press - 2024

Keywords

  • Civil lawsuit
  • Effective rule of law
  • Land degradation
  • Land restoration
  • Market share liability
  • The principle of proportionality

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