The document discusses principles of international law regarding transboundary pollution and applies them to Malaysia's haze pollution issues stemming from fires in Indonesia. It outlines key principles like states being responsible for environmental damage beyond their borders from the 1941 Trail Smelter case. Malaysia has experienced several haze emergencies from Indonesian fires. The 2002 ASEAN Agreement on Transboundary Haze Pollution provides a legal framework but identifying responsibilities has been challenging due to the "ASEAN Way" of non-interference. While Indonesia is ultimately responsible, diplomatic solutions have proven ineffective, though domestic laws and enhanced cooperation may help address the issue.

1. PRINCIPLES OF INTERNATIONAL LAW ON TRANSBOUNDARY POLLUTION,
WITH REFERENCE TO MALAYSIA ON HAZE POLLUTION ISSUE BASED ON THE ASEAN HAZE AGREEMENT
MOHD FADZLI BIN ROHAMI
G2010177
LAW 6103

2. CONTENT
01
INTRODUCTION
02 .
PRINCIPLE OF TRANSBOUNDARY POLLUTION
& MALAYSIA HAZE ISSUE
03
ASEAN AGREEMENT AND PROBLEMS
04
MALAYSIA AND THE PRINCIPLE

3. INTRODUCTION
AND THE TYPE OF POLUTION

4. Transboundary pollution defined
as pollution whose physical
origin is situated wholly or in
part within the area under the
jurisdiction of other (state).
INTRODUCTION
DEFINATION
Pollution to addressing within
international border is
international problems hence
this issue need legal mechanism
attention such as treaties,
arbitration, agreements and
international management.
Pollution source substance such
as gas, liquid or solid and form
any energy like heat, sound or
radioactive. This major kinds of
pollution was classified by
environment are air pollution,
water pollution and land
pollution

5. Types of Pollutions
TOP
A
L N
W
The excessive amount of noise in the
surrounding can disrupts the natural
balance and usually from manmade
activities. The sound is over than 85
decibels is considered to be
detrimental, while the usually
conversation is around 60 decibels
Can occurs when the harmful pollutants
and particular matter are introduce to a
water body. This contaminants are
existed by human activities such as oils
spills and improper sewage treatments
Land or soil pollution, the degradation
of land due to presence of chemical or
substance by human activities into the
soil. Its can impacted to life drastically
in directly or indirectly. Any plant will
absorbed the toxic chemical present
in the soil certainly the effect of soil
pollution are obscured but the
impaction is noticeable.
First is air pollution is common
happen in around the world including
Malaysia, is refer to release of harmful
contaminants such as chemicals,
gases, toxic, biological molecules and
particulars

6. Principle of Transboundary Pollution
“State have in accordance with the Charter of The United Nation and the
principles of the international law, the sovereign right to exploit their
own resources pursuant to their own environmental and development
policies, and the responsibility to ensure that activities within
jurisdiction of control do not cause damage to the environmental of
other states of areas beyond the limits of national jurisdiction”
The principle that a State has responsibility
for any environmental damage it creates even
beyond its territorial limits.' Specifically, the
tribunal found that based on principles of
international law: no State has the right to use
or permit the use of its territory in such a
manner as to cause injury by fumes in or to
the territory of another or the properties or
person therein, when the case is of serious
consequence and the injury is established by
clear and convincing evidence
Principle 2 of The
Rio Declaration
Environmental protection
was held on Rio De
Janeirio from 3rd to 14th
June 1992
considered the landmark case of
transboundary pollutant litigation.
The Trail Smelter Case of 1941

7. Malaysia Haze Issue
Haze Emergency had
to be declared in
Sarawak when the Air
Pollutant Index (API)
reached above the 500
level
Haze Emergency was declared by the
Hon. Prime Minister on 23 June 2013 in
Muar and Ledang Districts, Johor. The
Haze Emergency was lifted on 24 June
2013Haze Emergency was declared by
the Hon.Prime Minister on 23 June 2013
in Muar and Ledang Districts,
Haze Emergency was declared
on 11 August 2005 in two areas,
namely Pelabuhan Klang and
Kuala Selangor as the Air
Pollution Index (API) in both
areas exceeded 500
On 15 September 2015, 34 areas
in the country recorded
unhealthy air quality status for
the first time in Malaysia’s
history since 1997. Due to the
API reading reaching to 200,
2019
2015
2013
2005
1997
Source: https://www.doe.gov.my/portalv1/en/info-umum/info-kualiti-udara/kronologi-episod-jerebu-di-malaysia/319123
Parts of Sarawak recorded
very unhealthy levels of air
pollution on Sunday (Sept 8) The
state's capital Kuching and the
towns of Samarahan and Sri
Aman recorded readings of
between 201 to 242.

8. Air Pollution Index of Malaysia (APIMS)

9. Environmental Quality Act
New Act Ongoing
An domestic law suitably drafted law on
transboundary haze pollution will help to provide
access to justice, improve safety and wellbeing, and
promote human rights for sustainable development.
First Amendment
Amendment of Section 38b upgrade the scale of
punishment to imprisonment for a term not
exceeding five years and shall also be liable to a
fine not exceeding five hundred thousand ringgit.
Second Amendment
introduced about the more details
prohibition/restriction activities, power to
investigation and arrest who was committed an
offence on this act to authorities for any incident
of environmental pollution
Environmental Quality
Act 1974 (Act 127)
First Act on Environmental Quality in Malaysia
Establishment of Environmental Quality Council
Licensing Authorities
Restriction on pollution on Atmosphere, Soil/Land,
Inland Water and Noise.
.
Environmental Quality
Act 2007 (Act A1315)
Environmental Quality
Act 2012 (Act A1441)
Transboundary
Haze Pollution Act

10. ASEAN HAZE TRANSBOUNDARY
AGREEMENT
WHAT IS ASEAN?
The Association of Southern East Asian Nations (ASEAN) is the regional
intergovernmental organization comprising ten countries in Southern East
Asia which promotes intergovernmental cooperation and facilities on
economic, political, military, security, educational and social culture
integration among its members
On 8 August 1967, five leaders – the Foreign Ministers of Indonesia, Malaysia,
the Philippines, Singapore and Thailand – sat down together in the main hall of
the Department of Foreign Affairs building in Bangkok, Thailand and signed a
document. By virtue of that document, the Association of Southeast Asian
Nations (ASEAN) was born.
The original ASEAN logo presented five brown sheaves of rice stalks, one for
each founding member. Beneath the sheaves is the legend “ASEAN” in blue.
These are set on a field of yellow encircled by a blue border. Brown stands for
strength and stability, yellow for prosperity and blue for the spirit of cordiality
in which ASEAN affairs are conducted. When ASEAN celebrated its 30th
Anniversary in 1997, the sheaves on the logo had increased to ten –
representing all ten countries of Southeast Asia and reflecting the colors of the
flags of all of them. In a very real sense, ASEAN and Southeast Asia would then
be one and the same, just as the Founding Fathers had envisioned.

11. ASEAN Transboundary Pollution Agenda
The Kuala Lumpur Accord on
Environment and Development
which was adopted by the ASEAN
Ministers of Environment on 19
June 1990 which calls for, inter
alia, efforts leading towards the
harmonisation of transboundary
pollution prevention and
abatement practices
The 1997 Regional Haze Action Plan and
to the Hanoi Plan of Action which call
for fully implementing the 1995 ASEAN
Cooperation Plan on Transboundary
Pollution
The 1995 ASEAN Co-operation Plan on
Transboundary Pollution, which
specifically addressed transboundary
atmospheric pollution and called for,
inter alia, 2 establishing procedures and
mechanisms for co-operation among
ASEAN Member States in the prevention
and mitigation of land and/or forest fires
and haze,
Establishment of The 1985
Agreement on the Conversation
of Natural Resources
2002
1997
1995
1990
1985
Source: https://asean.org/wp-content/uploads/2016/07/17.-July-2016-ASEAN-Agreement-on-Transboundary-Haze-Pollution.pdf
The ASEAN Agreement on
Transboundary Haze Pollution
(AATHP) on 10 June 2002 in
Kuala Lumpur

12. THE 2002 ASEAN AGREEMENT
TRANSBOUNDARY POLLUTION
AGREEMENT
(AATHP)
A solution discussed
among ASEAN member
states for decades,
because of the several
haze on 1997 and 1998
was accelerated this
process and led to The
AAHTP provides for a
legal framework to
prevent and monitor
transboundary haze
pollution through
national and regional
efforts. Its
implementation
requires, among
others, that each
member state enact
appropriate domestic
legislation.
The objective of this Agreement is to prevent and monitor trans
boundary haze pollution as a result of land and/or forest fires
which should be mitigated, through concerted national efforts
and intensified regional and international co-operation.
This sought to add a
legally binding
dimension to the RHAP
and create a treaty-
regime around the
issue of transboundary
haze Article 4(3) of the
ASEAN Agreement on
Transboundary Haze
Pollution states that
member states are
supposed to take
legislative measures to
implement their
obligations under the
Agreement
.

13. THE ISSUES
This AATHP is completed by all
member of state was signed by
the last from Indonesia on 2015

14. ISSUES
PROBLEMS
Indonesia blame Malaysia
and Singapore because
their company in
Indonesia doing that
burning fire in their
territories for who should
be held accountable
BACK AND FORTH
BLAME GAME
refers to a set of principles
that guide interactions
amongst ASEAN member
states. It emphasises
informality, non-interference
and consensus-building. While
it has evolved over the
decades to allow an arguably
more flexible interpretation of
its principles, it nonetheless
reinforces a state-centric
commitment to sovereignty
which ultimately impedes
collective action.
‘ASEAN WAY’ CHALLENGING TO IDENTIFYING
THOSE RESPONSIBLE
the corruption and
mismanagement

15. MALAYSIA AND THE PRINCIPLES
1 2
3 4
The principle of ‘good neighbourliness’ is supposed to
be an idea to limited sovereignty between ASEAN
members. Thus, responsibility a states on another
states can be point to contain this issue on the future.
The best step is to enhance cooperation with neighbouring
countries and ASEAN.” Thus the ineffectiveness of diplomatic
effort to curb the toxic haze issue is the most challenging and
with the diplomatic cooperation with all ASEAN parties can take
place simultaneously with the enactment of domestic laws to
hold wrong doing parties to account.
Clearly, Indonesian Government have to responsibility
and be accountability to haze issues in Southern East
Asia. However, because of the spirits of ASEANS
among the members, this issue become unsolved.
The Malaysian Transboundary Haze Pollution Act was
welcomed by NGOs and environmental campaigners as
an opportunity for the Malaysian government to take
action on (Malaysian) companies responsible for fires
abroad.

16. Thank you
QNA