Transboundary haze pollution from land/forest fires is an annual disaster in the ASEAN region. Solving the transboundary pollution requires the application of the international legal system. Two international frameworks used in this paper are first, customary international law namely the state responsibility for·transboundary environmental harm principle, second MEAs in atmosphere and biodiversity. This paper will examine to what extent international law has influenced ASEAN approaches in addressing transboundary haze pollution. The aim of this paper is to examine how international law frameworks contribute to solving regional-environmental problems. The study suggests that internabonallaw has influenced the regional legal framework in addressing transboundary haze pollution but this influence is not total. To some extent, ASEAN still keep their own value "The ASEAN Way," in their approach. While ASEAN has already adopted the principle of state responsibility for transboundary environmental harm in its legal framework, the liability regime for the implementation of this principle is yet to be developed.
|Title of host publication||NUS-AsianSIL Young Scholars Workshop|
|Place of Publication||Singapore|
|Publisher||Asian Society of International Law|
|Number of pages||22|
|Publication status||Published - 2012|
|Event||NUS-AsianSIL Young Scholars Workshop (3rd : 2012) - Singapore|
Duration: 23 Feb 2012 → 24 Feb 2012
|Workshop||NUS-AsianSIL Young Scholars Workshop (3rd : 2012)|
|Period||23/02/12 → 24/02/12|
Nurhidayah, L. (2012). Influence of international law upon ASEAN approaches in addressing transboundary haze pollution in the ASEAN region. In NUS-AsianSIL Young Scholars Workshop (pp. 1-22). Singapore: Asian Society of International Law.