The influence of international law upon ASEAN approaches in addressing transboundary haze pollution in Southeast Asia

Laely Nurhidayah, Shawkat Alam, Zada Lipman

Research output: Contribution to journalArticle

12 Citations (Scopus)

Abstract

Transboundary haze pollution from land and forest fires is an annual environmental disaster in Southeast Asia that cannot be resolved without applying both domestic and international legal systems. This article will examine the extent to which international law has influenced ASEAN approaches in addressing transboundary haze pollution. It does so by examining two international legal frameworks. The first is customary international law, namely the state responsibility for transboundary environmental harm principle, and the second is Multilateral Environment Agreements (MEAs) in atmosphere and biodiversity. It discusses how international law frameworks can contribute to solving regional environmental problems, and how fully applying the principles of international law and improving cooperation in ASEAN can strengthen the regional legal framework. Ultimately, the best solution to land/forest fires is to improve collaboration at the local level through capacitybuilding and customary practices. ASEAN approaches to transboundary haze pollution do not currently address the problem effectively.

Original languageEnglish
Pages (from-to)183-210
Number of pages28
JournalContemporary Southeast Asia
Volume37
Issue number2
DOIs
Publication statusPublished - 1 Aug 2015

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Keywords

  • international law
  • ASEAN approaches
  • transboundary haze pollution
  • state responsibility
  • Multilateral Environment Agreements

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