State Liablity on The Southeast Asia Haze Incidents

Abstract

The purpose of this study is to carefully study the occurring haze incidents that had happened for decades in Southeast Asia yet no real resolution regarding the consequences of the State that causing the haze resulting from slash and burn method in clearing the forest. Indonesia is the country where the haze formed must held liable for its negligence to control the burning causing other countries to suffer the impacts in form of haze pollution. The Researcher interested to study about the term of state liability regarding this incident as ASEAN has its own treaty called the ASEAN Agreement on Transboundary Haze Pollution. This research adapted the normative law study by using the method of clinical law research. Secondary data sources used in this study and the data mining is done with literature study (library research). After all the data collected, the data is then processed and analyzed. To classify aspects of data studied the Researcher used the qualitative analysis. Furthermore, the conclusion of the research associated is drawn and described descriptively. This research showed the history of haze in Southeast Asia and how it formed as the resulted of uncontrolled slash and burn by the private companies located in Indonesia causing the haze that transported to other countries which in this case describe as transboundary. The final result of this research showed that Indonesia cannot be held liable as not one sanctions or fees mentioned in the agreement and imputability theory caused Indonesia could not held liable as it was the private companies act that caused the haze incidents throughout Southeast Asia.