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All Journal Jurnal Studi Pemerintahan Indonesian Journal of International Law
VARKKEY, HELENA
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Law, Crime, Criminology & Criminal Justice Social Sciences

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In 3 Years We Would Have Solved This”: Jokowi, ASEAN And Transboundary Haze VARKKEY, HELENA
Jurnal Studi Pemerintahan Vol 8, No 3 (2017): August 2017
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (490.695 KB) | DOI: 10.18196/jgp.2017.0049.277-295

Abstract

Joko Widodo took up office as President of Indonesia barely a month after the Republic ratified the ASEAN Agreement on Transboundary Haze Pollution. This momentous ratification coupled with the severe haze during his first few months in office, positioned haze as a priority issue for Jokowi and his administration. Since then, Jokowi has been proactively taking action at both the central and local levels. This was hoped to be a stepping stone towards better cooperation at the regional level. However, this was met with a somewhat contradictory state- ment by Jokowi in 2015 that quite firmly requested the ASEAN region to give him ‘three years’ to solve the haze issue. This could be taken to mean that Indo- nesia wanted to be ‘left alone’ to deal with fire and haze issues for three years without ASEAN ‘interference’. It is important to also assess this administration’s style of engagement with the ASEAN organization and neighbouring countries over haze issues, particularly Malaysia and Singapore. A thorough consideration of these factors would be able to provide a detailed assessment of the Jokowi administration’s attitude towards ASEAN cooperation over haze, and what this means for the broader ASEAN community.
The Singapore Transboundary Haze Pollution Bill in the context of ASEAN regionalism and cooperation Varkkey, Helena
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (534.906 KB)

Abstract

The Southeast Asian region has experienced transboundary haze on an almost annual basis for decades. ASEAN has been the platform for regional cooperation and collaboration for regional haze mitigation since 1985. ASEAN’s main legally-binding instrument for this purpose is the 2012 Agreement on Transboundary Haze Pollution (ATHP). Despite this, haze episodes continue to persist until present times. This paper analyses recent legal developments related to transboundary haze management among the three main affected countries; Indonesia, Malaysia and Singapore. Particularly, it examines Singapore’s Transboundary Haze Pollution Act, an extra-territorial act that extends criminal and civil liability to anyone causing or contributing to haze in Singapore. It also analyses Indonesia’s ratification of the ATHP, which followed soon after Singapore unilaterally passed their Act. Finally, it considers Malaysia’s indecisiveness in deciding its next legal move in the face of these developments among its neighbours. The ASEAN Way, a set of behavioural or procedural norms that govern regional engagement, prescribes nonlegalistic procedures and non-interference of sovereign rights, among others. This paper uses the framework of the “myth” of the ASEAN Way, popularly argued by Nischalke in 2000, to explain the changing positions of the associated states towards legal recourse related to transboundary haze. It argues that ASEAN member states can choose whether or not to adhere to the ASEAN Way in order to preserve crucial economic interests, without suffering any consequences. Hence, shifting national interests among these three states over time can likewise explain shifting attitudes and compliance towards certain ASEAN Way norms.
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