The international law on transboundary haze pollution

what can we learn from the Southeast Asia region?

Shawkat Alam, Laely Nurhidayah

Research output: Contribution to journalArticle

3 Citations (Scopus)

Abstract

Transboundary haze pollution from land and forest fires is considered one of the most serious environmental problems in Southeast Asia. Almost every year, haze pollution risks the health and lives of people living in the region, especially children, elderly people and people who already suffer from asthma. The international law of the atmosphere plays an important role in reducing the air pollution problem. The current trends in addressing transboundary environmental harm show that States prefer to adopt and implement a prevention and cooperation regime, as shown in Southeast Asia. This article explores how international law responds to transboundary pollution. Particularly, it examines how the Association of Southeast Asian Nations (ASEAN) addresses transboundary haze pollution, and the effectiveness of its regional legal measures. This article argues that international law, particularly the State responsibility principle, plays an important role in pushing States to exercise due diligence. Nevertheless, State responsibility and civil liability regimes appear particularly difficult to implement in Southeast Asia due to the non-interference principle in the ASEAN Charter. Therefore, improving cooperation is the only viable option for addressing the haze pollution problem.
Original languageEnglish
Pages (from-to)243-254
Number of pages12
JournalReview of European Community and International Environmental Law
Volume26
Issue number3
DOIs
Publication statusPublished - Nov 2017

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