A Supranational Law Perspective on the Right to a Healthy Environment in Southeast Asia: The ASEAN Agreement on Transboundary Haze Pollution

Abstract

This study aims to evaluate the effectiveness of the ASEAN Agreement on Transboundary Haze Pollution (AATHP) in mitigating regional haze and to identify the primary factors conditioning its operational success and limitations. A qualitative documentary analysis of official ASEAN documents, governmental reports, and academic literature was employed to examine the translation of the AATHP's legal mandates into practical outcomes. Principal results indicate that while AATHP provides a comprehensive framework and has spurred adaptive strategies, its tangible impact on consistent haze reduction is profoundly challenged. Identified impediments include historical delays in ratification by key member states, weaknesses in national-level enforcement of anti-burning laws, the absence of robust sanctioning mechanisms within the Agreement, and the persistent difficulty in addressing complex socio-economic root causes of fires. The study concludes that although the AATHP is an indispensable instrument for regional cooperation, achieving a haze-free ASEAN remains contingent upon enhanced national implementation and enforcement, a genuine commitment to tackling root causes, and potentially a recalibration of regional cooperative dynamics to foster more assertive environmental protection.