The Influence of International Law upon ASEAN Approaches in Addressing Transboundary Haze Pollution in Southeast Asia

2015 ◽  
Vol 37 (2) ◽  
pp. 183-210 ◽  
Author(s):  
Laely Nurhidayah ◽  
Shawkat Alam ◽  
Zada Lipman ◽  
Keyword(s):  
Southeast Asia ◽  
International Law ◽  
Haze Pollution

scholarly journals Towards extra-jurisdictional environmental management in combating transnational environmental crimes in Malaysia from a legal aspect

2018 ◽  
Vol 7 (2.10) ◽  
pp. 26
Author(s):  
Hanim Kamaruddin ◽  
Muhamad Azham Marwan
Keyword(s):  
Southeast Asia ◽  
International Law ◽  
Legal Aspect ◽  
Environmental Crime ◽  
Management Tool ◽  
Haze Pollution ◽  
Illegal Activities ◽  
National Boundaries ◽  
Ozone Depleting Substances ◽  
Environmental Crimes

Environmental deterioration in Southeast Asia region can be attributed to illegal logging and timber smuggling which contributes to deforestation, wildlife smuggling, black-market transactions in ozone-depleting substances and dumping of other forms of hazardous wastes and chemical, illegal open burning incidents that can lead to air pollution contributing to transnational impacts. Controlling activities that are taking place within one State resulting to environmental impacts in another State is not uncommon in environmental issues and thus, such activities are construed as environmental crimes at times. Hence, any illegal activities within another jurisdiction must be addressed efficiently as the conduct of such activities are becoming increasingly sophisticated and complex partly due to the nature of transnational activities that operate beyond national boundaries. This article will discuss transnational environmental crime in Malaysia and Southeast Asia region and assess the application of adopting extra-jurisdictional approach to combat transnational environmental crime by drawing the example from Singapore’s experience of passing the Transboundary Haze Pollution Act 2014 to tackle challenges of haze pollution that are caused by activities in another State. The finding of this article suggests that extra-jurisdictional legislation is a common management tool in international law based on the international principle of territorial sovereign applies to conduct of a State within its territory. There seemed to be an exception that stems from a principle known as ‘objective territoriality principle’ under international law that allows another State to make claims against another State that commits environmental crime resulting to transnational impacts. The efficiency of extra-jurisdictional approach will be analysed based on Malaysia’s experiences in tackling transnational environmental crimes by reviewing domestic policies, local legislations and relevant international agreements to ensure that environmental protection is sustained. 

The international law on transboundary haze pollution: What can we learn from the Southeast Asia region?

2017 ◽  
Vol 26 (3) ◽  
pp. 243-254 ◽  
Author(s):  
Shawkat Alam ◽  
Laely Nurhidayah
Keyword(s):  
Southeast Asia ◽  
International Law ◽  
Haze Pollution

scholarly journals Postcolonial International Law Discourses on Regional Developments in South and Southeast Asia

2008 ◽  
Vol 36 (3) ◽  
pp. 387-431 ◽  
Author(s):  
Diane A. Desierto
Keyword(s):  
Southeast Asia ◽  
International Law ◽  
International Economic Order ◽  
Southeast Asian ◽  
Self Determination ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
South And Southeast Asia ◽  
International Legal Order ◽  
International Legal System

The development of international law in South and Southeast Asia exemplifies myriad ideological strands, historical origins, and significant contributions to contemporary international law doctrines’ formative and codification processes. From the beginnings of South and Southeast Asian participation in the international legal order, international law discourse from these regions has been thematicallypostcolonialand substantivelydevelopment-oriented.Postcolonialism in South and Southeast Asian conceptions of international law is an ongoing dialectical project of revisioning international legal thought and its normative directions — towards identifying, collocating, and applying South and Southeast Asian values and philosophical traditions alongside the Euro-American ideologies that, since the classical Post-Westphalian era, have largely infused the content of positivist international law. Of increasing necessity to the intricacies of the postmodern international legal system and its institutions is how the postcolonial project of South and Southeast Asian international legal discourse focuses on areas of international law that create the most urgent development consequences: trade, investment, and the international economic order; the law of the sea and the environment; international humanitarian law, self-determination, socio-economic and cultural human rights.

scholarly journals Development and demonstration of a Lagrangian dispersion modeling system for real-time prediction of smoke haze pollution from biomass burning in Southeast Asia

2015 ◽  
Vol 120 (24) ◽  
pp. 12605-12630 ◽  
Author(s):  
Denise Hertwig ◽  
Laura Burgin ◽  
Christopher Gan ◽  
Matthew Hort ◽  
Andrew Jones ◽  
...  
Keyword(s):  
Southeast Asia ◽  
Real Time ◽  
Biomass Burning ◽  
Dispersion Modeling ◽  
Time Prediction ◽  
Haze Pollution ◽  
Lagrangian Dispersion

ASEAN Aggrement on Transboundary Haze Pollution. Effective ?

2021 ◽  
Vol 14 (1) ◽  
pp. 175
Author(s):  
Ligar Yogaswara ◽  
Ligar Yogaswara
Keyword(s):  
Developing Countries ◽  
Southeast Asia ◽  
Environmental Problems ◽  
Asean Member ◽  
Haze Pollution ◽  
Asean Countries

This paper analyzes how ASEAN can deal with the haze problem caused by its member countries and then cross their borders so that it becomes a common focus in ASEAN countries. Then ASEAN made an agreement for its member countries with the aim of overcoming the haze problem which was referred to in the ASEAN Agreement on Transboundary Haze Pollution. Based on the question of the effectiveness of the agreement, the authors assume that the agreement is considered ineffective in solving the haze problem in the Southeast Asia Region. The reason for this is considered to be due to a set of norms adopted by ASEAN member countries in the ASEAN Way. These norms then make member countries solve problems by adhering to the principles of the ASEAN Way including non-intervention, consensus and so on. Responding to problems in developing countries in ASEAN which tend to prioritize their economy, making environmental problems such as smog tend to be sidelined. Therefore, this paper will explain more about the effectiveness of the ASEAN Agreement on Transboundary Haze Pollution in particular to address the haze problem in ASEAN member countries based on the ASEAN way.

Alternative paths to refugee and asylum seeker protection in Malaysia and Indonesia

2019 ◽  
Vol 28 (2) ◽  
pp. 132-154 ◽  
Author(s):  
Atin Prabandari ◽  
Yunizar Adiputera
Keyword(s):  
Southeast Asia ◽  
International Law ◽  
Case Studies ◽  
Asylum Seeker ◽  
Asylum Seekers ◽  
The Other ◽  
Refugee Convention ◽  
Refugee Law ◽  
International Refugee Law ◽  
The One

This article explores how refugees in non-signatory countries in Southeast Asia, particularly Indonesia and Malaysia, have some protection through alternative paths under international refugee law. These two countries provide forms of protection even if they are not States Parties to the Refugee Convention. These two case studies show that the governance of protection for refugee and asylum seekers is provided through alternative paths, even in the absence of international law and statist processes. These alternative paths offer a degree of meaningful protection, even if this is not tantamount to resettlement. Alternative paths of protection are initiated mainly by non-state actors. The states try to manage alternative protective governance to secure their interests by maintaining their sovereignty, on the one hand, and performing humanitarian duties on the other. In this regard, Indonesia and Malaysia have resorted to meta-governance to balance these two concerns.

Southeast Asian Approaches to Maritime Boundaries

2013 ◽  
Vol 4 (2) ◽  
pp. 309-357 ◽  
Author(s):  
Tara DAVENPORT
Keyword(s):  
Southeast Asia ◽  
International Law ◽  
Southeast Asian ◽  
Interesting Case ◽  
Normative Development ◽  
Maritime Boundary ◽  
Boundary Making ◽  
Boundary Issues ◽  
Ocean Boundary

From both a geographical and geopolitical perspective, Southeast Asia is a particularly interesting case-study for maritime delimitation. Despite the existence of significant obstacles to maritime boundary-making, including a complex coastal geography and a multitude of territorial and jurisdictional disputes, Southeast Asia has been described as the “scene of very active and innovative ocean boundary diplomacy”. The objective of this paper is to examine Southeast Asian approaches to maritime boundaries. First, it seeks to identify whether there are common trends and practices in Southeast Asian practice which have contributed to the high number of maritime boundaries concluded by Southeast Asian states. Second, the paper will explore the extent to which Southeast Asian practice has contributed to the normative development of international law on maritime delimitation. Third, the paper will discuss whether there are any lessons to be learned from Southeast Asian practice that can be used to settle unresolved maritime boundary issues in the region.

scholarly journals Addressing Transboundary Haze Through Asean: Singapore’s Normative Constraints

2020 ◽  
Author(s):  
Helena Muhamad Varkkey
Keyword(s):  
Southeast Asia ◽  
Regional Level ◽  
Environmental Crisis ◽  
Regional Approach ◽  
Haze Pollution ◽  
Normative Constraints ◽  
Peat Fires

Since 1982, Southeast Asia has experienced almost annual ‘haze’ pollution, caused by smoke from grass, forest and peat fires mostly in Indonesia. The haze affects the health of some 75 million people and the economies of six ASEAN nations. It is the region’s first transboundary environmental crisis that ASEAN is attempting to address collectively. ASEAN level interaction is often guided by the ASEAN Way, and a common debate is whether these norms constrain states from interacting effectively at the regional level. This paper will address this debate using interviews and material compiled during fieldwork in Singapore. While Singapore was one of the first countries to propose a common regional approach to the haze, this paper will illustrate how Singapore has in fact been constrained by the ASEAN Way while engaging with Indonesia and ASEAN. This is reflected in terms of its behavior at the ASEAN forum, statements made, and actions taken. As a result, Singapore has often resorted to other means of engagement, like bilateral and track-two engagement. As Singapore is one of the major ‘victims’ in this equation, this paper serves as important piece of the broader puzzle of why haze management in ASEAN has been less than effective.  

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