concession maps,288 and data Indonesia has that cross-references
hotspot289 locations to identify companies burning in those
areas.290 By sharing these maps with the precise locations of
plantations, affected states can perform more targeted monitor-
ing because they will better understand where the ﬁres originate.
This monitoring can then lead to a more complete understanding
of how the haze pollution travels, allowing the Centre to develop
information about preventing and managing ﬁres.
While Indonesia may be the only source state at present,
other states may become source states. ASEAN member-states
are industrializing, and the region has thirty-ﬁve million hect-
ares of peatland.291 As pressure on the natural resources of other
states increases, the likelihood of transboundary haze originating
in these states also increases. Just as other states may become
source states, Indonesia may become an affected state. Parties
will be able to deal more effectively with these shifts in roles if
there is information about monitoring and preventing haze and
ﬁres for them to draw on.
The beneﬁts of ratiﬁcation to Indonesia and ASEAN should
be enough to overcome the domestic hurdles to ratiﬁcation.
These beneﬁts include greater coordination among the parties
in addressing the transboundary haze originating in Indonesia by
facilitating the spread of information and by allowing Indonesia
to shape the Agreement based on its experiences as the only
major source state in the region. These beneﬁts are not limited
to the current problem; they will also apply in the future when
other states become source states.
Indonesia should ratify the Agreement because it creates an
effective framework for mitigating transboundary haze pollution.
By following the managerial model, the Agreement recognizes
that complex problems like transboundary haze pollution are
best addressed through systematic and sustained coordination
between parties. While the Agreement may not eliminate the
transboundary haze pollution immediately, it can bring all the
stakeholders together to facilitate a more lasting solution than
they would otherwise be able to reach on their own.
Endnotes: Indonesia’s Role in Realizing the Goals of ASEAN’s Agreement on
Transboundary Haze Pollution
1 See Indonesia Blamed as Haze Returns to Malaysia, JAKARTA GLOBE, June
16, 2012, http://www.thejakartaglobe.com/home/indonesia-blamed-as-haze-
returns-to-malaysia/524654/ (noting that haze has become an annual problem
causing air quality to deteriorate in the summer months).
2 See id. (explaining that while the practice of using ﬁre to clear land has
been banned by Indonesia’s government, weak enforcement of the law has
maintained the haze issue).
3 Peatlands are formed by dead plant material decomposing into a thick
layer of soil under conditions with permanent water saturation. See IWAN TRI
CAHYO WIBISONO ET AL., PEATLANDS IN INDONESIA’S NATIONAL REDD+STRATEGY
1, 8 (2011), available at http://www.wetlands.org/LinkClick.aspx?ﬁleticket=9
Nesl6BCI1U%3D&tabid=56 (discussing the state of Indonesia’s peat swamp
forests). For a map of peatlands in Southeast Asia, see Peatlands in Southeast
Asia, ASEAN PEATLAND FORESTS PROJECT, http://www.aseanpeat.net/aeimages/
File/Publications/peatmap_FA_OL.pdf (last visited Nov. 12, 2013) (showing
estimated peatland area per ASEAN country).
4 See Liz Gooch, Malaysia Haze Points to a Regional Problem, N.Y. TIMES,
June 23, 2012, available at http://www.nytimes.com/2012/06/24/world/asia/
smoky-haze-over-malaysia-signals-a-regional-problem.html (noting ﬁres set on
palm oil and rubber plantations to remove old trees and clear land are a major
source of haze pollution).
5 Dennis Wong, Residents Blame Plantations for Haze, NEW STRAITS TIMES,
Oct. 11, 2012, http://www.nst.com.my/nation/general/residents-blame-planta-
tions-for-haze-1.155458 (explaining that citizens of the affected countries cope
with haze by ignoring it, despite its continuing presence).
6 See id. (referencing a thunderstorm that was the ﬁrst downpour in more
than two months.)
7 See infra Part II.A.
8 See infra Part II.A.
9 Air pollution is not a new problem for governments either. As far back as
1285, Londoners complained of poor air quality caused by coal fumes. See JEAN
GIMPEL, THE MEDIEVAL MACHINE: THE INDUSTRIAL REVOLUTION OF THE MIDDLE
AGES 82–84 (1976). This led to King Edward issuing a proclamation in 1306
banning coal in open furnaces in London and punishing third-time offenders
with death. See CEES FLINTERMAN ET AL., TRANSBOUNDARY AIR POLLUTION:
INTERNATIONAL LEGAL ASPECTS OF THE CO-OPERATION OF THE STATES, at vii (Cees
Flinterman et al. eds., 1986).
10 Thomas Merrill deﬁnes transboundary pollution as “a physical externality
or spillover that crosses state lines. More precisely, transboundary pollution
occurs when a potentially harmful environmental agent is released in one
political jurisdiction (the source state) and physically migrates through a natural
medium such as air, water, or soil to another political jurisdiction (the affected
state).” Thomas W. Merrill, Golden Rules for Transboundary Pollution , 46 DUKE
L.J. 931, 968-69 (1997) (noting and comparing the differences between pollu-
tion of the commons and transboundary air pollution).
11 See id. at 932 (crediting the transboundary pollution phenomenon with the
centralization of environmental law).
12 ASEAN Agreement on Transboundary Haze Pollution, art. 12, June 10,
2002, available at http://haze.asean.org/?wpfb_dl=32 [hereinafter Agreement]
(afﬁrming the parties’ “willingness to further strengthen international coopera-
tion to develop national policies for preventing and monitoring transboundary
13 See Gooch, supra note 4. During publication of this article, Indonesia
announced at a meeting of the regional environmental ministers that it pledges
to ratify the Agreement in early 2014. Abhrajit Gangopadhyay & Ben Otto,
Indonesia Plans to Ratify Haze Pact, July 17, 2013 12:53PM, http://online.wsj.
14 See Ahmad Pathoni, Indonesia Lawmakers Set to Reject ASEAN Haze Pact,
REUTERS, Mar. 14, 2008, http://www.enn.com/top_stories/article/32966/print
(citing Indonesian lawmakers’ concerns that neighboring countries are turning a
blind eye to the link between illegal timber received in their countries and haze
pollution); Adianto P. Simamora, Govt Wants Haze Agreement Ratiﬁed, THE
JAKARTA POST, Jan. 22, 2011, http://www.thejakartapost.com/news/2011/01/22/
govt-wants-haze-agreement-ratiﬁed.html (noting Indonesian lawmakers’ desire
to include an effort to reduce the export of illicit wood from illegal logging
practices into the agreement); Adianto P. Simamora, ASEAN haze deal still
faces complications, THE JAKARTA POST, Feb. 16, 2011, http://www.thejakar-
(explaining that ratiﬁcation would create burdens for Indonesia because of the
difﬁculty involved in controlling traditional land clearing practices by local
15 See Asmala Ahmad et al., The Use of Remote Sensing and GIS to Estimate
Air Quality Index (AQI) over Peninsular Malaysia, GISDEVELOPMENT.NET,
continued on page 70