Reinterpreting the ASEAN’s Non-Interference Principle to Address Transboundary Haze Pollution Management Issues

Abstract

         The transboundary haze pollution issue has long been a problem affecting ASEAN member states. Currently, ASEAN has joint international laws to manage this problem. However, the issue still persists. ASEAN member states have not been able to effectively address the problem, and other member states cannot intervene in any member state due to the principle of non-interference in the internal affairs of other member states.
         This article presents the possibility of reinterpreting the principle of non-interference in internal affairs to engage with other member states, such as raising issues for discussion, consultation, taking various actions, including providing assistance and helping manage problems in other member states in cases where the member state cannot address the issue alone. This should involve interpreting the ASEAN Charter using the principle of teleological interpretation according to the objectives and purposes of the ASEAN Charter under Article 31 of the Vienna Convention on the Law of Treaties 1969, which must consider the environmental objectives of the ASEAN Charter that bind ASEAN member states. Furthermore, the interpretation must also consider the context of other international laws to which ASEAN member states have mutual obligations, including: the ASEAN Agreement on Transboundary Haze Pollution (AATHP), the ASEAN Agreement on Disaster Management and Emergency Response (AADMER), Roadmap for ASEAN cooperation on transboundary haze pollution control issued under the AATHP Agreement and the international custom of ASEAN member states regarding No-Harm principle.