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

KUALA LUMPUR, Oct 1 — Haze originating from Indonesian wildfires has blanketed neighboring Malaysia and Singapore for over a month, causing a surge in respiratory complaints and closing schools. While this is not the first time Indonesian haze has led to a regional pollution crisis, neighboring countries face few legal options to address the issue, according to experts.

Suggestions to take Indonesia to the International Court of Justice (ICJ) are hindered by jurisdictional barriers, as the ICJ generally requires the consent of both states to hear a dispute. The three countries are not signatories or parties to the 1979 Convention on Long-range Transboundary Air Pollution, and Indonesia would likely be unwilling to willingly accept ICJ jurisdiction on the issue.

The Asean Agreement on Transboundary Haze Pollution, a legally binding regional treaty, seeks to prevent and monitor cross-border haze through national action and regional cooperation, but lacks a mechanism for one member state to sue another. Civil action could involve Malaysians or Singaporeans suing companies linked to the fires in an Indonesian court, but establishing a link between the company's activities and the resulting haze, as well as proving financial losses, would be challenging.

Previous attempts to address the issue through legislation, such as Singapore's Transboundary haze Pollution Act in 2014, have faced difficulties in enforcement due to reliance on foreign cooperation and the complexities of establishing responsibility.