Extra-territorial liability and enforcement: Finding ways to tackle haze pollution in Southeast Asia
Publication Type
Journal Article
Publication Date
6-2025
Abstract
Periodic transboundary haze pollution resulting from land fires in Southeast Asia poses significantsustainability challenges for the region. The majority of transboundary haze is attributed to peatlandfires in Indonesia, with winds bringing haze pollution to other countries in the region.Attempts have been made to tackle this problem. At the public international law level, theAssociation of Southeast Asian Nations (ASEAN) concluded the ASEAN Transboundary HazeAgreement which entered into force in 2003. However, the lack of sanctions for breach andthe adoption of the principle of non-interference between ASEAN member states meant thatthis agreement and other policy-oriented measures have had limited effect. In the hopes of amelioratingthe problem, Singapore enacted the Transboundary Haze Pollution Act in 2014. This act,which is extraterritorial in scope, imposes criminal and civil liability on entities responsible forhaze pollution which causes damage in Singapore. Nevertheless, practical issues still remain.This paper examines regional efforts to deal with the transboundary haze pollution problem. Inparticular, it accesses the Singapore Act from a private international law viewpoint, by consideringjurisdictional, choice of law, and judgement enforcement issues. Lastly, suggestions are made as toconcrete steps forward.
Keywords
Transboundary haze pollution, sustainability, UN SDG, Hague Judgments Convention, Transboundary Haze Pollution Act 2014, jurisdiction, choice of law, foreign judgements, ASEAN Haze Agreement
Discipline
Asian Studies | Environmental Law
Research Areas
Private Law
Publication
Chinese Journal of Transnational Law
Volume
2
Issue
2
First Page
198
Last Page
220
ISSN
2753-412X
Identifier
10.1177/2753412X251350527
Publisher
Sage Publications Ltd.
Citation
CHONG, Adeline and SCHACHERER, Stefanie.
Extra-territorial liability and enforcement: Finding ways to tackle haze pollution in Southeast Asia. (2025). Chinese Journal of Transnational Law. 2, (2), 198-220.
Available at: https://ink.library.smu.edu.sg/sol_research/4670
Additional URL
https://doi.org/10.1177/2753412X251350527
Comments
This is published in the Chinese Journal of Transnational Law, which cannot be found in the Journal List in the system. I have randomly put in another journal. Please assist to rectify. Thank you.