ICJ? Asean? Civil suits? What can Malaysia, others do about Indonesia’s choking haze?

Indonesian wildfires have blanketed neighboring countries Malaysia and Singapore with thick haze for over a month, causing respiratory issues and school closures. Despite previous haze crises, neighboring nations have limited legal options to address the pollution, as they are not signatories to the 1979 Convention on Long-range Transboundary Air Pollution.

The Asean Agreement on Transboundary Haze Pollution, a regional treaty, does not provide a mechanism for one member state to sue another. Civil action against Indonesian companies linked to the fires is a potential option, but requires proving a direct link between company activities and the harm suffered in Malaysia or Singapore.

Singapore's Transboundary Haze Pollution Act of 2014 aimed to punish companies responsible for causing or contributing to unhealthy haze levels, but enforcement was weak due to reliance on foreign cooperation and difficulties in establishing responsibility. Singapore may wait for Indonesia to identify specific companies before taking action under the Act, as unilateral actions could be considered politically controversial.