Between State Responsibility and ASEAN Principles: A Perspective from Malaysia on Resolving Transboundary Haze Pollution
ASEAN STUDIES CENTRE WEBINAR
About the Webinar
Assertions of state responsibility in response to transboundary haze pollution in Malaysia have become increasingly frequent over the last 25 years. Considerable human, economic and environmental impacts caused by forest fires became a pivotal issue in asserting state responsibility over causes or conduct attributable to transboundary haze pollution. Whilst the law on state responsibility rests on the failure to adhere to obligations imposed by international law that may allow Malaysia to seek reparation, the steadfast observance towards the ASEAN principles recognizing regional cooperation and vowing to work together is apparent. The recent shelving of Transboundary Haze Pollution Act by Malaysia had only fortified ASEAN principle of good neighbourliness to prevent and mitigate transboundary haze pollution caused by forest fires and refrained from accepting responsibility through a liability regime. In this context, the speaker seeks to cast a light on how best Malaysia can strategise intra-regional policy to address this persistent hazard.
About the Speaker
Dr. Hanim Kamaruddin is a senior lecturer and the Deputy Dean (Academic Affairs) at the Faculty of Law, Universiti Kebangsaan Malaysia. She is also a Visiting Professor at Faculty of Law, Hasanuddin University, Indonesia. Her teaching and research focus is on environmental law particularly to prevent transboundary haze pollution and plastic waste pollution in Malaysia and ASEAN. Dr. Hanim has published numerous law articles, book chapters, and international conference proceedings on issues related to environmental law. Dr Hanim is an active member in the Disciplinary Committee of Bar Council Malaysia, a certified mediator, and the Malaysia Country Focal Person for Strengthening Environmental Law-Train the Trainers Program helmed by the Asian Development Bank (ADB), Philippines. Her book entitled “The Environmental Quality Act (EQA) 1974 Statutory Instruments and Amendments” was published in 2016. Dr. Hanim earned her PhD degree in Law with a focus on legal aspects of transboundary haze pollution from University of Malaya.
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