Strengthening the Legal and Institutional Effectiveness of Transboundary Biodiversity Conservation in the 'Heart of Borneo'

摘要

The Heart of Borneo ('HoB') transboundary initiative spans the territory of Malaysia, Indonesia and Brunei. In this article I evaluate the HoB against governance criteria for effective transboundary conservation. This approach provides the framework for proposing what complementary reforms may be needed to improve the effectiveness of the initiative. Governance issues and the lack of political buy-in are identified as the most significant impediments to successful transboundary biodiversity conservation in the HoB. A further limitation stems from the failure to develop meaningful legal instruments and supporting institutions. This article recommends improvements to legal instruments and the evaluation and design of a more effective transboundary legal governance regime. The article illustrates the need to tailor approaches to existing systems. The interventions recommended emphasise the importance of oversight and clear and simple rules that consider the operating context and are backed by appropriate institutional support. The examination of the HoB within the ASEAN context suggests that the same governance criteria could be a valuable tool for the evaluation of transboundary biodiversity conservation in the wider ASEAN region.