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2 J. Sustainable Dev. L. & Pol'y 1 (2013)

handle is hein.journals/jsusdvlp2 and id is 1 raw text is: Afe Babalola University: Journal of Sustainable Development Lay) and Pody Vol. 2 Iss. 1 (2013), pp. 1-35 HAZE POLLUTION IN INDONESIA MELDA KAMIL ARIADNO* ABSTRACT Hate pollution has been one of the most serious endronmental catastrophes in countries with wide areas of forest, such as Indonesia. Efforts to combat haze pollution have been carried out at the national, regional and international levels. Adopting prinles developed within international law arena such as sustainable development, precautionaU prinle, foreseeability, due diligence and good neighbourliness have been canvassed for eveU state in the world eipedialy those having activties which have potential impact to cause transboundaU pollution. Indonesia has been experiencing forest burns from time to time and ting to combat it ever since. National law has been developed, institutions have been designated, and mechanisms have been created. These efforts are however far from complete. Indonesia needs to go much further than what have been undertaken this far. A necessaU way forward would be to ratfy the 2002 Assoiation of Southeast Asian Nations (ASEAN) Agreement on TransboundaU Hate Pollution, which Indonesia fails to ratify. This paper discusses the problems of hate pollution in Indonesia, the applicable rules under international law including the state responsibility doctrine, the mechanism developed within the ASEAN Agreement, what stps have been taken by Indonesian Government in combating hate pollution, and the need for Indonesia to ratify the ASEAN Agreement. Keywords: Hae, Pollution, ASEAN, Indonesia I. BACKGROUND Haze pollution caused by forest fires in Indonesia do not only pollute the air of Indonesia; they also spread to other countries such as Brunei Darussalam, Malaysia, and Singapore. Indonesia's forest region is one of the largest in the world. Its forest area amounting to 109 million hectares (2003) makes Indonesia the owner of the third largest tropical rainforest in the world after Brazil and Congo.' However, the rate of deforestation in the tropics has been steadily increasing. Based on a global survey, during the years 1990 to 2000, the rate of deforestation in the world reached nearly 1 percent of all natural forests in tropical regions in the world.2 According to the survey, about 14.2 million hectares were destroyed gradually, mostly caused by the conversion of tropical forests into plantations. Indonesia's forest fires have caused particular concern, as they impact other states as well. Three major conflagrations occurred in the period between 1982-1983, the period between 1991-1994, in 1997, as well as * Melda Kamil Ariadno is a Senior Lecturer (Associate Professor) of International Law at the Faculty of Law, University of Indonesia, majoring in law of the sea, the law of treaties and international environmental law. She earned a Bachelor in Law (LL.B) in 1992 from University of Indonesia, a Master Degree (LL.M) in 1995, and Doctor in Law (Ph.D.) in 2011 from University of Washington School of Law. She is the Chairperson of the Center for International Law Studies (CILS) and the Editor in Chief for Indonesian Journal of International Law (IJIL); as well as the Chairperson for Djokosoetono Research Center (DRC). EMAIL: meldakamil@gmail.com 'Robert AIKEN, Runaway Fires, Smoke-Haze Pollution, and Unnatural Disasters in Indonesia in Geographical Review (2004) 94 American Geographical Society 55. 2Ibid., at 55.

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