Transboundary Civil Litigation for Victims of Southeast Asian Haze Pollution: Access to Justice and the Non-Discrimination Principle

摘要

This article examines access to justice for victims of the Southeast Asian haze pollution within the legal system of Indonesia as the source-of-origin state. It argues that bringing civil claims against the polluting companies before Indonesian courts offers a more effective avenue towards justice than relying on resolution at the level of state to state. The article first discusses barriers to resolving the problem through the state-to-state level. It then considers whether, under international law, the source-of-origin state is obliged to provide remedies for victims of transboundary environmental damage. The article then reviews the efficacy of pursuing remedies for transboundary civil claims against polluters through the legal system of the source-of-origin state. Finally, the article considers the limitations of the laws of the affected states, which, as a consequence, mean that transboundary civil litigation in the source-of-origin state may be the most effective avenue for redress.