The Paradox of the ASEAN Way in Environmental Law Enforcement: A Case Study of Transboundary Haze Pollution

Abstract

The ASEAN Way, as ASEAN’s distinctive diplomatic approach grounded in the principles of non-intervention, consensus, and respect for state sovereignty, has long been regarded as effective in preserving regional stability and political cohesion. Nevertheless, this approach faces serious limitations when addressing transboundary environmental problems, particularly the recurring haze pollution caused by forest and land fires in Southeast Asia. This article argues that a normative tension exists between the ASEAN Way and the principles of international environmental law in the governance of transboundary haze pollution. This study employs normative juridical research through statutory and conceptual analysis and applies a comparative legal approach to examine the implementation of the ASEAN Way within the ASEAN Agreement on Transboundary Haze Pollution (AATHP). The findings demonstrate a significant mismatch between the ASEAN Way and core principles of international environmental law, particularly due to the absence of effective enforcement mechanisms, explicit state responsibility, and compensation arrangements. As a result, regional accountability remains weak and legal protection for affected states is limited. This article proposes a reformulation of the ASEAN Way through the adoption of responsible sovereignty, a graduated consensus mechanism, stronger regional compliance arrangements, burden-sharing, and broader participation of non-state actors in order to make ASEAN’s environmental governance more adaptive and effective.