Introduction To The Haze Crisis
The haze from Indonesian wildfires has been a recurring problem for neighboring countries, Malaysia and Singapore. For over a month, the haze has blanketed these countries, closing schools and causing a significant increase in respiratory complaints. This is not the first time that Indonesian haze has caused a regional pollution crisis, but the question remains as to what legal recourse is available to affected countries.
Legal Challenges And International Cooperation
Experts suggest that taking Indonesia to the International Court of Justice (ICJ) in The Hague could be an option, but this is hindered by the issue of jurisdiction. The ICJ generally requires the consent of both states, which is unlikely to be given by Indonesia. Furthermore, Indonesia, Malaysia, and Singapore are not signatories to the 1979 Convention on Long-range Transboundary Air Pollution, a treaty framework intended to curb cross-border air pollution. The ASEAN Agreement on Transboundary Haze Pollution, a legally binding regional treaty, also has limited enforcement provisions and does not provide a mechanism for one member state to sue another.
Alternative Approaches To Addressing The Haze Crisis
Given the limitations of international cooperation and legal action, alternative approaches are being considered. One option could be for Malaysians or Singaporeans to try to sue companies linked to the fires in an Indonesian court. However, this would require establishing a link between the company's activities and the harm suffered, which can be challenging. Another approach is to strengthen ASEAN cooperation, including hotspot monitoring, information sharing, prevention, and stronger enforcement against illegal burning.
Previous Attempts At Addressing The Haze Crisis
Singapore has previously enacted its own Transboundary Haze Pollution Act in 2014, which aimed to punish companies whose activities outside Singapore caused or contributed to unhealthy levels of haze in Singapore. However, enforcement proved to be a major weakness due to the reliance on cooperation from foreign authorities. Establishing responsibility was also challenging, highlighting the need for a more effective approach to addressing the haze crisis.
Conclusion And Future Outlook
The haze crisis affecting Malaysia and Singapore is a complex issue that requires a multifaceted approach. While international cooperation and legal action have their limitations, alternative approaches such as strengthening ASEAN cooperation and holding companies accountable can be explored. Ultimately, a concerted effort is needed to prevent and mitigate the effects of the haze, and to ensure that the region can breathe easily once again.
Sources
This is an original synthesis by Qivorane based on reporting from the outlets below.
