REGIONAL ENVIRONMENTAL LAWS, POLICIES AND AGREEMENTS

Reporter: Meldgyrie Mae Andales

As we live in a borderless economy, as we changed from agricultural to industrial

society, and as the means of characterizing a developed country as rich in terms of
GDPs and GNPs, environment is getting less and less important. In the new world,
people are unconsciously destroying the environment to become rich and powerful; as
remarked by Sir John Acton “Power tends to corrupt, and absolute power corrupts
absolutely. Great men are almost always bad men” hence, in some ways, environment
is affected of this doings.

One of the great challenges that the world is now facing is to save mother earth,
to save the planet for the future generations for this world is not only for us but for the
next generations and thus, we do not want that our children and the children of our
children cannot experience what we have experienced back when earth is still alive,
beautiful and superb. Hence, with this in mind, each country collaborated to join forces
to lessen and avoid damaging the environment. In the context of Asia, though it is not
new to us that this continent faces different environmental challenges, countries that
resides in this continent have also done efforts to lessen the earth damage. Listed
below are the environmental challenges in each region of Asia.

REGION MEMBER STATES ENVIRONMENTAL

CHALLLENGES
Central Asia Afghanistan, Azerbaijan, Iran, water resources, climate
Kazakhstan, Kyrgyzstan, Tajikistan, change
Turkmenistan, Uzbekistan
Southeast Asia Brunei, Cambodia, Burma, East species destruction, air
Timor, Indonesia, Laos, Malaysia, pollution, destruction of
Philippines, Singapore, Thailand, coral reefs, deforestation,
Vietnam water security, increased
urbanization
South Asia Bangladesh, Bhutan, India, Maldives, water resources, pollution,
 Nepal, Pakistan, Sri Lanka biodiversity loss,
degradation of river and
marine resources, energy,
climate change
East Asia China, Hong Kong, Japan, North and air pollution, greenhouse
South Korea, Macao, Mongolia, gasses and global warming,
Taiwan marine pollution, loss of
agricultural land, haze,
overfishing and coral reef
damage, urban
environment, deforestation,
declining water quality,
species destruction

Evidently, as presented in the data, the most common environmental challenge that
Asia faced are urban excess, deforestation or degradation, water, overfishing, global
warming and air pollution however, this written report will not talk about these
environmental challenges but the efforts of the region in addressing the challenge. This
written report will focus on the Southeast Asian region and its efforts – laws, policies
and agreements – in addressing their environmental challenges.

SOUTHEAST ASIA

Since it is evident that this region have escalated their efforts in helping each
other into making ASEAN or the Association of Southeast Asian Nation, regional
cooperation, helping hands and participation are visible. The regional cooperation to
build stable relations in Southeast Asia has become known as the “ASEAN Way”. The
ASEAN Way is a collaborative approach emphasizing the following:
1. Non-interference or non-intervention in other member states’ domestic affairs, as
underscored in the United Nations Charter, Article 2(7);
2. Consensus building and cooperative programs rather than legally binding treaties
(but in an exceptional situation, a binding agreement may be possible);
 3. Preference for national implementation of programs rather than reliance on a
strong region-wide bureaucracy.

The importance of consensus is also important in this organization. In talking about a

situation of conflict of interest, it best addressed and settled through conciliation and
consultation as a way of minimizing the tensions and avoidance of unnecessary
conflicts (Narine, 1999). Further, this regional cooperation does not only focus on the
social, economic and political aspect of the region but more so in its environment as
well. The body has agreed to address certain environmental challenges which the
region is facing.

In each country, National Focal Points are responsible for carrying out ASEAN
initiatives. Member states are increasingly willing to assume greater responsibilities to
increase ASEAN’s environmental effectiveness, as demonstrated by the Philippines’
decision to host ASEAN’s Regional Centre for Biodiversity Conservation and Malaysia’s
agreement to manage the Marine Turtle Conservation Program. The current framework
for ASEAN environmental management and cooperation is reflected in its institutional
architecture. This structure facilitates cooperation among ASEAN member states and
enhances the Association’s ability to cooperate with other countries (Koh & Robinsons,
no date). Moreover, the countries involved have still manage to impart the
environmental management of the region since each of them are facing environmental
problems and issues hence, they have agreed to make and solve these problems for
the ASEAN community in an ASEAN way. In doing so, according to Koh and Robinsons
(no date), they first address the biodiversity conservation and transboundary air
pollution from forest fires.

A Summit of the ASEAN heads of state and government, ASEAN’s highest

decision-making body, is held every three years. These high level panels pave the way
for intermediate, ministerial-level meetings, and provide proposals for decisions to be
adopted by consensus at the ministerial level. Ministerial meetings by sector – including
agriculture and forestry, economics, energy, environment, finance, labor, regional haze,
rural development and poverty alleviation, science and technology, and social welfare –
are convened in tandem with the Summit. Every three years, well before the meeting of
the heads of state and government, ASEAN holds a Ministerial Meeting on the
Environment (Koh & Robinsons, no date).

ASEAN WAY

a. Agreement on the Establishment of the ASEAN Centre for Biodiversity

This agreement between ASEAN members talks about the importance of
biodiversity and its contribution to economic growth, social development,
environmental protection and ecosystem services – national, regional and
global level. The ASEAN center of biodiversity is hosted by the Republic of
the Philippines which has a purpose to facilitate cooperation and coordination
among the members of the ASEAN, and with relevant national governments,
regional and international organizations, on the conservation and sustainable
use of biological diversity and the fair and equitable sharing from the use of
such biodiversity in the ASEAN region.

The four core functions of the Centre illustrate the problem solving approach that
ASEAN has adopted regarding environmental concerns:

 Networking and Institution. Building Strong national institutions are critical

for the implementation of regional policies. To this end, a network of
national biodiversity reference units has been established, connecting
scientific knowledge and promoting information exchange. The network is
also charged with the task of developing and implementing an exchange
program for academics and researchers from ASEAN institutions, as well
as designing policies for biodiversity conservation.
 Data and Information Management. Sound data on natural resources and
environmental trends are critical for the effective design of policies and
their implementation. The Biodiversity Centre creates, shares, and
maintains electronic data repositories regarding biodiversity and has the
capacity to link its records to other international databases.
 Research and Development. The accumulation of scientific knowledge
and understanding is seen as critical in the environmental domain where
 many uncertainties persist. The Biodiversity Centre has taken on the role
of coordinating regional efforts in determining research priorities,
organizing conferences to finalize the regional research agenda, and
providing funds for applied biodiversity research activities.
 Education and Training. The sustained buildup of capacity for the
execution of common policies and decisions is an important governance
function. The Biodiversity Centre assists institutions in formulating their
training needs and designs and carries out training and education
programs.

Across the region, in cooperation with the European Union, the ASEAN
Regional Centre for Biodiversity Conservation is creating management
systems for biological conservation as foundation for sustaining the region’s
natural resources. The Centre serves as the main focal point for networking
and institutional linkage among. ASEAN member countries, and with other
regional organizations, to enhance the region’s capacity to promote
biodiversity conservation.2 The process also prepares the ASEAN members
to participate in the Conference of Parties to the Convention on Biological
Diversity (Koh & Robinson, no date).

b. ASEAN Agreement on Transboundary Haze Pollution

This agreement is participated and agreed by the member states of ASEAN
which desires to undertake individual and joint action to assess the origin,
cause, nature and extent of land and or forest fires and the resulting haze, to
prevent and control the sources of such land and or forest fires and the
resulting haze by applying environmentally sound policies, practices
technologies and to strengthen national and regional capabilities and
cooperation in assessment, prevention, mitigation and management of land
and or forest fires and the resulting haze. The agreement has also presented
obligations of the states that are involved or practiced haze pollution, the
agreement as well, define and identify how to monitor, assess, prevent and
 respond with haze pollution, lastly the agreement provided protocols for the
parties involved in the haze pollution.

The objective of this Agreement is to prevent and monitor transboundary 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 should be pursued in the overall context of sustainable
development and in accordance with the provisions of this Agreement
(ASEAN Agreement on Transboundary Haze Pollution).

The recent landmark ASEAN Agreement on Transboundary Haze Pollution,

however, signed on 10 June 2002 in Kuala Lumpur, demonstrates that in a
crisis situation, ASEAN members can rally together to reach consensus on a
hard law instrument. The Agreement seeks to:
 Prevent land and forest fires through better management policies;
 Establish operational mechanisms to monitor land and forest fires;
 Strengthen regional land and forest fire-fighting capability and other mitigating
measures.
Under the Agreement, parties oblige themselves to:
 Develop information systems, including monitoring, assessment, and early
warning to prevent and monitor transboundary haze pollution;
 Provide necessary information regarding haze pollution originating within their
borders;
 Take legislative, administrative, and other relevant measures to implement
the Agreement.

An ASEAN Coordinating Centre for Transboundary Haze Pollution Control

was also established to facilitate cooperation among the parties. Similar to the
ASEAN Regional Centre for Biodiversity Conservation, its functions comprise
data and information collection and analysis, networking, and capacity building.
The Centre for Transboundary Haze Pollution Control is mandated with
information clearinghouse functions regarding environmental threats, scientific
 capacities, technological options, and financing possibilities. It does not possess
enforcement power. Whether the policies promoted by the Centre will be fully
implemented at the national level remains to be seen, however, since there are
no enforcement mechanisms and agencies at the ASEAN level (Koh & Robinson,
no date).

Since these agreements in efforts of taking care about the environment will depend
solely on the 3 fundamental standards of the ASEAN which means that it will still
respect the country or state if they will implement it or not or follow their constitutions or
laws base on the issue addressed is still what other commentators – Koh and
Robinsons - would say slow process because there are limitations and barriers to the
effectiveness of these agreements or policies and according to Koh and Robinsons,
these are the following:
1. Non-intervention. The “ASEAN Way” follows too blindly the principle of non-
intervention, undermining the possibility of adopting practical measures to cope
with regional problems. Diplomats, political leaders, and scholars have urged
ASEAN to re-examine the meaning of its non-interventionist norm (Tay,
Estanislao, Soesastra, 2001);
2. Inadequate support. Lack of expertise, information and data, funding, and
organizational support within ASEAN have often led to suboptimal results;
3. Inadequate information. The absence of a monitoring and surveillance
mechanism limits the ability of ASEAN to gather information on environmental
trends and risks and to respond effectively;
4. Lack of a dispute resolution mechanism. Because the ASEAN Way emphasizes
decisionmaking through consensus building, it lacks an effective dispute
settlement process. Thus, ASEAN often opts for conflict avoidance rather than
conflict resolution (Narine, 1999: 360)

Further, the ASEAN is now currently doing and making efforts to make environmental
laws, policies and governance to regulate the environmental use of the region yet, this
has been one of the greatest challenges of the region – to enforce laws and policies in
the region.
CONCLUSION

Evidently and is visible that most countries, if not all, have put up big efforts in
protecting the environment for the future use, they tend to joined organizations,
participated agreements and implemented policies and laws yet still our environment’s
value is getting lesser. Furthermore, what is lacking about this laws or policies or
agreements is the proper implementation. They lack the power and authority to make all
states follow and abide these agreements and if they will not then sanctions will be held
for those who don’t. Moreover, the ASEAN’s consensus-based approach works well
when all countries in the region share similar goals, but when states’ interests diverge,
this same approach leads countries to evade issues and avoid negotiations (Koh &
Robinson, no date).
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