About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

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


                     MELDA KAMIL ARIADNO*

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

 Keywords: Hae, Pollution, ASEAN,   Indonesia

 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.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.

Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most