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1714 results in South-East Asian government, politics and policy

Page 50 of 86

  • Appendix 2 - List of ASEAN instruments' provisions related to treaty compliance

  • Robert Beckman, National University of Singapore, Leonardo Bernard, National University of Singapore, Hao Duy Phan, National University of Singapore, Tan Hsien-Li, National University of Singapore, Ranyta Yusran, National University of Singapore
  • Book:
    Promoting Compliance
    Published online:
    05 March 2016
    Print publication:
    19 May 2016, pp 234-280

  • Summary

    CIL's second observation focused on compliance monitoring (including implementation, review and supervision) clauses in ASEAN instruments. The observation aimed to: (1) confirm whether ASEAN has a standard practice of including compliance monitoring clauses in all of its instruments (from 1967 to 2012); (2) confirm the role of the ASEAN Secretariat in compliance monitoring (as mandated under the 1976 ASEAN Agreement on the Establishment of the ASEAN Secretariat and, later, under the ASEAN Charter); (3) identify the ASEAN organs responsible for compliance monitoring, where the ASEAN Secretariat is not acting as compliance monitoring authority; and (4) identify issues vis-à-vis ASEAN practice in prescribing compliance monitoring clauses in its instruments.

    The observation on ASEAN compliance monitoring clauses was limited to 148 instruments adopted between August 1967 and August 2012 (the time of the establishment of ASEAN and the time of this observation). Similar to our observation of ASEAN DSCs, the observation was limited to main and stand-alone instruments. It did not include protocols or other instruments of amendment, or implementing protocols or instruments unless those instruments contain different compliance monitoring clauses.

  • Myanmar's Foreign Policy under President U Thein Sein: Non-aligned and Diversified

  • Jurgen Haacke
  • Book:
    Myanmar's Foreign Policy under President U Thein Sein
    Published by:
    ISEAS–Yusof Ishak Institute
    Published online:
    09 March 2019
    Print publication:
    27 April 2016, pp 1-29

  • Summary

    Introduction

    Foreign analysts may be forgiven for pausing briefly over a translated passage relating to foreign policy in a state-of-the-nation address delivered by Myanmar's then-President U Thein Sein in early January 2015. Following the President's Office's website, Myanmar seemed to have suddenly opted for what would be a significant shift in relation to its foreign policy principle. Specifically, the text suggested that Myanmar might be surrendering the principle of non-alignment. According to the President's Office, U Thein Sein said that “We [Myanmar] are … on the path of a much more dynamic and multi-aligned foreign policy.” Such a move towardsmulti-alignment would certainly have represented discontinuity with the country's longstanding foreign policy. After all, newly independent Burma committed early to non-alignment, and — as suggested by Myanmar's Foreign Ministry — this foreign policy principle, has since been pursued by all subsequent governments. The 2008 Constitution, drafted under the watchful eyes of the last military government under Senior General Than Shwe, identifies Myanmar foreign policy principles as being non-aligned, independent and active. In his own presidential inaugural address, U Thein Sein had also clearly formulated his high regard for non-alignment as he also emphasized the fact that Myanmar has never allowed foreign military bases in the country.

    In the event, suspicions that the use of the word “multi-aligned” fell into the category of translation errors were quickly confirmed. The Myanmar language version of the same speech did not in fact include the terminology of “multi-aligned”. Instead, the term used in the original Burmese version is arguably better translated as “dynamic and multi-partner” foreign policy. In other words, what at first sight, at least for foreign consumers of presidential news, could easily have appeared to be a noteworthy if not significant shift in declared foreign policy thus represents only an apparent moment of carelessness, a seeming oversight in editing, as well as — in all probability — an instance of insufficient coordination in internal bureaucratic processes. That said, the translation issue does invite us to raise an important question, namely as to whether or not the Republic of the Union of Myanmar has been as committed to the non-alignment principle in practice as it has been in rhetorical terms.

  • Myanmar's Foreign Policy under President U Thein Sein: Non-aligned and Diversified

  • Jurgen Haacke
  • Book:
    Myanmar's Foreign Policy under President U Thein Sein
    Published by:
    ISEAS–Yusof Ishak Institute
    Published online:
    09 March 2019
    Print publication:
    27 April 2016, pp vii-viii

  • Summary

    EXECUTIVE SUMMARY

  • • Given Myanmar's strategic location and the wider great power competition in Southeast Asia, how the country positions itself vis-à-vis the major powers in the reform era currently underway will have considerable bearing for the international politics of Southeast Asia.

  • • Historically, Myanmar's leaders have preferred an independent foreign policy that has also been couched in terms of neutralism and non-alignment.

  • • Following considerable tension between the stated principle of non-alignment and the practice of Myanmar's foreign policy under the SLORC/SPDC regime given U.S. pressure on Naypyitaw especially in the mid-2000s, Myanmar's threat perceptions vis-à-vis Washington have waned with the shift to the pragmatic, principled and calibrated engagement as favoured by President Obama. The Myanmar government under Thein Sein pursued a non-aligned foreign policy both in declaratory and practical terms.

  • • While Myanmar did not pursue strategic alignment with any of the major and regional powers (China, India, Japan, Russia and the United States) under Thein Sein, the country continued to have or was developing security partnerships with all. More meaningful security cooperation with India over anti-Indian insurgents was agreed upon. Embryonic security partnerships were also being developed with Tokyo and Washington.

  • • With Japan in particular strengthening its economic presence in Myanmar since 2011 largely through generous economic assistance, Myanmar was able to halt the ever-growing economic dependence on China that was evident during the SPDC period.

  • • Myanmar's relations with China plummeted to their lowest point for at least three decades over the 2015 Kokang insurgency. Bilateral relations have yet to substantially recover.

  • • Myanmar's ties with the United States advanced significantly but economic relations have not been that significantly advanced, not least due to continuing sanctions.

  • • Washington will want to support the new NLD-led government in relation to the various political challenges that Myanmar still faces, while Myanmar should be expected to continue with a non-aligned, independent and active foreign policy.

  • Foreword

  • Jurgen Haacke
  • Book:
    Myanmar's Foreign Policy under President U Thein Sein
    Published by:
    ISEAS–Yusof Ishak Institute
    Published online:
    09 March 2019
    Print publication:
    27 April 2016, pp v-vi

  • Summary

    The economic, political, strategic and cultural dynamism in Southeast Asia has gained added relevance in recent years with the spectacular rise of giant economies in East and South Asia. This has drawn greater attention to the region and to the enhanced role it now plays in international relations and global economics.

    The sustained effort made by Southeast Asian nations since 1967 towards a peaceful and gradual integration of their economies has had indubitable success, and perhaps as a consequence of this, most of these countries are undergoing deep political and social changes domestically and are constructing innovative solutions to meet new international challenges. Big Power tensions continue to be played out in the neighbourhood despite the tradition of neutrality exercised by the Association of Southeast Asian Nations (ASEAN).

    The Trends in Southeast Asia series acts as a platform for serious analyses by selected authors who are experts in their fields. It is aimed at encouraging policy makers and scholars to contemplate the diversity and dynamism of this exciting region.

  • Executive summary

  • Koh Kheng-Lian, National University of Singapore, Nicholas A. Robinson, Pace University, New York, Lye Lin-Heng, National University of Singapore
  • Book:
    ASEAN Environmental Legal Integration
    Published online:
    05 April 2016
    Print publication:
    08 April 2016, pp 223-227

  • Summary

    The word “integration” means different things in different contexts. As this monograph is part of a series entitled Integration through Law: The Role of Law and the Rule of Law in ASEAN Integration (ITL) (see General Editors’ Preface), it examines the extent ASEAN environmental law contributes to ASEAN regional integration as an ASEAN community. ASEAN's historic transition, from an association in 1967 to its development into a community by December 31, 2015, has seen an evolution in various sectors, not least in environment.

    The Introduction to the volume sets the scene, providing an overview of ASEAN and its efforts at regionalism. The history of colonization is noted, which explains the strong emphasis on Westphalian concepts of sovereignty and non-interference with domestic affairs. The efforts at regional integration in the context of the environment closely follow the global environmental movement, from the Stockholm Conference in 1972, to the Rio Conference in 1992 and Agenda 21, which prompted ASEAN's Strategic Plan of Action on the Environment and other initiatives. The ASEAN Way, which involves consensus, respect for the principle of sovereignty and non-intervention, and its challenges and evolution in the context of rapid economic and climatic changes and their deleterious impacts on the environment, are the subject of the chapters that follow.

    Chapter 1, ASEAN and environmental sustainability, elaborates on the ASEAN vision of “One Caring and Sharing Community,” aspiring toward sustainable development as a common, uniting goal. It examines the difficulties of achieving the five-year plans of action, making the point that the ASEAN Way “makes for informality, quiet diplomacy, face saving and avoidance of legal instruments i.e. hard law.” However, some successes in hard law are mentioned, particularly the coming into effect of the ASEAN Transboundary Haze Agreement, with ratification by Indonesia, the last state to do so.

    Chapter 2, Integrating sustainability into ASEAN state practice, discusses the importance of environmental governance and environmental management systems. The study finds that national environmental law regimes and governance are uneven across the ASEAN member states, and considerable capacity building is required. The issue of “integration through law” is examined from two perspectives – institutional integration and integration of laws and policies. It lauds the success in the stewardship of the region's terrestrial biological resources while noting the lack of concerted policies to safeguard marine natural resources.

  • 3 - The environment in the ASEAN region

  • Koh Kheng-Lian, National University of Singapore, Nicholas A. Robinson, Pace University, New York, Lye Lin-Heng, National University of Singapore
  • Book:
    ASEAN Environmental Legal Integration
    Published online:
    05 April 2016
    Print publication:
    08 April 2016, pp 37-81

  • Summary

    Evergreen tropical forests, mountain forests, monsoon forests, limestone and karst formations, wetlands, marine and coastal waters – these are among the major habitats or ecosystems found in Southeast Asia that store the world's largest collection of plant and animal life. These are life-giving resources for over half a billion people of the region and millions more around the world.

    Dr. Surin Pitsuwan, ASEAN Secretary-General

    3.1 Evaluating bio-geographic trends in the ASEAN region

    Members of ASEAN share a common appreciation of nature in their customs, religious beliefs and social values. They also share the experiences of rapid urbanization and growing national populations. From 450 million in 1990, more than 622 million people live in ASEAN's ten countries in 2012, soon to be an estimated 650 million by 2020. Human population growth is most rapid in Indonesia (40 percent), the Philippines (17 percent) and Vietnam (16 percent), and the demands on environmental resources grow commensurately. All people among member states rely on the environment for their livelihoods, whether directly or indirectly. Despite disparities in levels of socio-economic development, with gross domestic product per person ranging from US$59,937 to US$1,327, member states collaborate to identify what is needed for environmental protection and the attainment of sustainable development. They cooperate through five-year planning cycles to build their capacity to provide environmental protection as a pillar for socio-economic development. Member states have made significant gains in building their capacity to be stewards of nature and natural resources, and to implement regionally their national obligations under multilateral environmental agreements and other environmental treaties. Nonetheless, as ASEAN's Secretary-General acknowledges:

    The environmental performance of most ASEAN Member States, as assessed by reputable studies, is above the world average, and the ecological footprint is much lower than that of many nations. However, ASEAN will continue to face growing environmental challenges given the need to lift a third of its population earning less than $2 a day out of poverty, and the many other pressures exerted on the environment such as population growth, urbanization and industrialization.

    Law provides both a significant foundation and an effective procedure for ASEAN member states as they pursue intergovernmental environmental cooperation. The ASEAN Way encourages the sharing of goals and agreement by consensus on a phased pacing of capacity building for environmental stewardship, as discussed in Chapter 5 of this study.

  • Foreword – Professor Tommy

  • Koh Kheng-Lian, National University of Singapore, Nicholas A. Robinson, Pace University, New York, Lye Lin-Heng, National University of Singapore
  • Book:
    ASEAN Environmental Legal Integration
    Published online:
    05 April 2016
    Print publication:
    08 April 2016, pp xv-xvi

  • Summary

    It gives me pleasure to write the foreword to this important monograph by three good friends.

    Emeritus Professor Koh Kheng-Lian, Emeritus Professor Nicholas A. Robinson and Associate Professor Lye Lin-Heng are three outstanding scholars of environmental law. Both Koh and Robinson have won the Elizabeth Haub Prize for Environmental Law. Koh was former IUCN–WCEL (International Union for Conservation of Nature-World Commission on Environmental Law) Regional Vice-Chair for South and East Asia and a member of its Governing Board, and Robinson was former Chair of IUCN-WCEL and its Governing Board.

    Koh initiated a course on ASEAN Environmental Law, Policy and Governance at the Faculty of Law, National University of Singapore (NUS), and has given extensive lectures on the subject in the University of Mexico, the William Richardson School of Law of the University of Hawaii, USA and also a number of law schools in the ASEAN countries.

    Robinson and Lye co-teach Comparative Environmental Law at the School of Forestry at Yale University. Lye is the co-founder of the highly successful Master's program on Environmental Management at NUS, and teaches environmental law at NUS, Yale University and the University of Sydney. She is a member of the Board of Governors of the IUCN Academy of Environmental Law.

    ASEAN is undergoing a historic transition, from an association to a community by 2015. The adoption of the ASEAN Charter in 2008 was a turning point. ASEAN's ambition is to be a rule-based organization and to take its commitments seriously. It is in this context that the Centre for International Law, NUS and New York University's Law School have jointly launched a major research project on ASEAN integration and the role that law plays in this process.

    This monograph is one of a series covering different aspects of ASEAN integration.

    I am glad that environment has been included as one book in this series. As the authors have pointed out, over the past thirty-five years, ASEAN has enacted a large corpus of declarations, principles and treaties relating to the environment. My impression is that, in some cases, not all the ASEAN countries have ratified the agreements or implemented other instruments. In other cases, even if all ASEAN countries have ratified an agreement, the implementation has been less than satisfactory. This could be due to a lack of capacity or lack of political will or simply to bad governance.

  • Appendix B - Founding of ASEAN – a short history

  • Koh Kheng-Lian, National University of Singapore, Nicholas A. Robinson, Pace University, New York, Lye Lin-Heng, National University of Singapore
  • Book:
    ASEAN Environmental Legal Integration
    Published online:
    05 April 2016
    Print publication:
    08 April 2016, pp 229-239

  • Summary

    From the ASEAN web page: www.asean.org/asean/about-asean/history

    On August 8, 1967, five leaders – the Foreign Ministers of Indonesia, Malaysia, the Philippines, Singapore and Thailand – sat down together in the main hall of the Department of Foreign Affairs building in Bangkok, Thailand and signed a document. By virtue of that document, the Association of Southeast Asian Nations (ASEAN) was born. The five Foreign Mini sters who signed it – Adam Malik of Indonesia, Narciso R. Ramos of the Philippines, Tun Abdul Razak of Malaysia, S. Rajaratnam of Singapore and Thanat Khoman of Thailand – would subsequently be hailed as the Founding Fathers of probably the most successful intergovernmental organization in the developing world today. And the document that they signed would be known as the ASEAN Declaration.

    It was a short, simply-worded document containing just five articles. It declared the establishment of an Association for Regional Cooperation among the Countries of Southeast Asia to be known as the Association of Southeast Asian Nations (ASEAN) and spelled out the aims and purposes of that Association. These aims and purposes were about cooperation in the economic, social, cultural, technical, educational and other fields, and in the promotion of regional peace and stability through abiding respect for justice and the rule of law and adherence to the principles of the United Nations Charter. It stipulated that the Association would be open for participation by all States in the Southeast Asian region subscribing to its aims, principles and purposes. It proclaimed ASEAN as representing “the collective will of the nations of Southeast Asia to bind themselves together in friendship and cooperation and, through joint efforts and sacrifices, secure for their peoples and for posterity the blessings of peace, freedom and prosperity.”

    It was while Thailand was brokering reconciliation among Indonesia, the Philippines and Malaysia over certain disputes that it dawned on the four countries that the moment for regional cooperation had come or the future of the region would remain uncertain. Recalls one of the two surviving protagonists of that historic process, Thanat Khoman of Thailand: “At the banquet marking the reconciliation between the three disputants, I broached the idea of forming another organization for regional cooperation with Adam Malik. Malik agreed without hesitation but asked for time to talk with his government and also to normalize relations with Malaysia now that the confrontation was over.

  • Foreword

  • Robert H. Taylor
  • Book:
    Can Myanmar's NLD Government Undo the Gordian Knot of Federalism and Ethnicity?
    Published by:
    ISEAS–Yusof Ishak Institute
    Published online:
    09 March 2019
    Print publication:
    08 April 2016, pp v-vi

  • Summary

    The economic, political, strategic and cultural dynamism in Southeast Asia has gained added relevance in recent years with the spectacular rise of giant economies in East and South Asia. This has drawn greater attention to the region and to the enhanced role it now plays in international relations and global economics.

    The sustained effort made by Southeast Asian nations since 1967 towards a peaceful and gradual integration of their economies has had indubitable success, and perhaps as a consequence of this, most of these countries are undergoing deep political and social changes domestically and are constructing innovative solutions to meet new international challenges. Big Power tensions continue to be played out in the neighbourhood despite the tradition of neutrality exercised by the Association of Southeast Asian Nations (ASEAN).

    The Trends in Southeast Asia series acts as a platform for serious analyses by selected authors who are experts in their fields. It is aimed at encouraging policy makers and scholars to contemplate the diversity and dynamism of this exciting region.

  • 1 - ASEAN and environmental sustainability

  • Koh Kheng-Lian, National University of Singapore, Nicholas A. Robinson, Pace University, New York, Lye Lin-Heng, National University of Singapore
  • Book:
    ASEAN Environmental Legal Integration
    Published online:
    05 April 2016
    Print publication:
    08 April 2016, pp 13-26

  • Summary

    The Association of Southeast Asian Nations (ASEAN) aspires to be a neighborhood where richly diverse nations can attain common purposes by cooperating together in consensual and graduated steps. It proposes and posits “One Vision, One Identity, and One Caring and Sharing Community” as the uniting common ground. Composed of ten sovereign states, ASEAN has at its core an international legal framework, through which it shapes its steps toward a shared vision. The goal of sustainable development, as articulated through the UN Conference on Environment and Development, is a central vision shared by each ASEAN member state.

    ASEAN cooperation on common policies and laws for the environment and development emerged through agreeing on topics of common concern, preparing draft programs that include capacity-building measures to ensure that each member state is ready to collaborate further, followed by the preparation of draft “soft law” policy declarations vetted through the appropriate governmental levels (civil service, ministers or heads of state). The soft law provides the basis for adopting congruent national laws and regulations to further a common ASEAN approach. In the environmental arena, this is well illustrated by the ASEAN biodiversity programs and the system of protected natural heritage areas.

    The ASEAN Way builds confidence and avoids conflict among the member states. These goals are fundamental. War in Indochina raged through much of the twentieth century. As Principles 25 and 26 of the 1992 Rio Declaration on Environment and Development proclaim, “Warfare is inherently destructive of sustainable development. States shall therefore respect international law providing protection for the environment in times of armed conflict and cooperate in its further development, as necessary … Peace, development and environmental protection are interdependent and indivisible.” ASEAN member states have identified cooperation in the field of environmental protection to be a common priority. Each has acknowledged the objective of sustainable development, as formulated by Agenda 21. Each is at a different point along the pathway to making development sustainable.

    ASEAN perspectives on environmental sustainability cannot be separated from the history of each member state. Except for Thailand, each was colonized by states from outside the region. This left a legacy of civil law (with the Dutch, French or Spanish variants) and common law (with the British or American variants) and a legacy of Islamic legal principles and more recently socialist law principles, in the various states comprising ASEAN.

  • Introduction: exploring environmental law in Southeast Asia

  • Koh Kheng-Lian, National University of Singapore, Nicholas A. Robinson, Pace University, New York, Lye Lin-Heng, National University of Singapore
  • Book:
    ASEAN Environmental Legal Integration
    Published online:
    05 April 2016
    Print publication:
    08 April 2016, pp 1-12

  • Summary

    The environmental performance of most ASEAN Member States, as assessed by reputable studies, is above the world average, and the ecological footprint is much lower than that of many nations. However, ASEAN will continue to face growing environmental challenges given the need to lift a third of its population earning less than $2 a day out of poverty, and the many other pressures exerted on the environment such as population growth, urbanization and industrialization.

    Dr. Surin Pitsuwan, ASEAN Secretary-General

    Environment is sans frontières. Many of the current or emerging environmental problems are transnational and transboundary, necessitating legal integration, whether in the form of hard or soft laws, programs, policies or governance innnovations, such as ASEAN Dialogue Partners, or the United Nations Environment Programme consultations. All these are crucial to ASEAN.

    ASEAN is part of the global order for environmental sustainability. It is a partner of the United Nations in the field of development. As the 1971 Stockholm Conference on the Human Environment and the 1992 “Earth Summit” at Rio De Janiero have made clear, we the peoples of the United Nations and of ASEAN alike, share one world, one atmosphere, one stratosphere. ASEAN's economic pillar requires integration to move Southeast Asia forward, and environment must move in tandem to prevent degradation of ecosystems for development to be sustainable regionally and globally.

    This monograph examines the phenomenon of “integration through law” (ITL), or more particularly how the member states of ASEAN employ law as a means of regional integration, focusing in particular on how this process functions in the context of environmental conservation and sustainable development. The several chapters trace ASEAN's struggles to integrate environment within its own community and also with the global community. There are many concerns, not only in terms of the lack of institutional capacity and funding, but in the very nature of environmental problems. The environmental sciences have taught nations how complicated and interrelated human impacts are on the climate or ecosystems. States are left grappling with solutions. The search for environmentally sustainable progress is an ongoing, adaptive process, often without clear, immediate answers. This complexity is compounded by too many inputs that national sectors receive from diverse interdisciplinary studies, without any governance system to connect them.

  • Can Myanmar's NLD Government Undo the Gordian Knot of Federalism and Ethnicity?

  • Robert H. Taylor
  • Book:
    Can Myanmar's NLD Government Undo the Gordian Knot of Federalism and Ethnicity?
    Published by:
    ISEAS–Yusof Ishak Institute
    Published online:
    09 March 2019
    Print publication:
    08 April 2016, pp vii-viii

  • Summary

    EXECUTIVE SUMMARY

  • • Daw Aung San Suu Kyi has said that peace is the first priority of the National League for Democracy (NLD) when it comes to power in April 2016. Both her remarks at the Union Peace Conference in January and the NLD election manifesto point to ethnicity and federalism being linked.

  • • This is a position similar to that taken by the outgoing Thein Sein government and the army. Now that the word “federalism” is accepted as useful in the debate over how to establish an end to Myanmar's persistent civil wars with ethnically designated armed groups, it was hoped that some meeting of minds might take place.

  • • But as revealed at the Union Peace Conference, that is yet to have happened. Rather, spokespersons for the ethnic armed groups continue to speak the language of ethnic rights and a federal army, while the government talks about reaching material and administrative agreements and the army insists that there can only be one army. These debates echo the past, going back to the formation of Myanmar in the late 1940s.

  • • In order to break the apparently endless debate about federalism, ethnicity, states and divisions in the Union of Myanmar, perhaps a new approach might be considered — taking federalism a step further to the seventy-four district levels of administration. As the ethnically designated armed groups operate in relatively small and localized areas, a solution that squares the circle between ethnicity and territory might have appeal.

  • 2 - Integrating sustainability into ASEAN state practice

  • Koh Kheng-Lian, National University of Singapore, Nicholas A. Robinson, Pace University, New York, Lye Lin-Heng, National University of Singapore
  • Book:
    ASEAN Environmental Legal Integration
    Published online:
    05 April 2016
    Print publication:
    08 April 2016, pp 27-36

  • Summary

    ASEAN is not only a well-functioning indispensable reality in the region. It is a real force to be reckoned with far beyond the region. It is also a trusted partner of the United Nations in the field of development.

    Kofi Annan, former Secretary-General of the United Nations (February 16, 2000)

    Since the United Nations General Assembly accepted the Report from the World Commission on Environment and Development, entitled Our Common Future (1987), environmentally sustainable development has evolved to become a central theme for ASEAN. The documentation of this evolutionary progress appears in ASEAN Environmental Law, Policy and Governance: Selected Documents compiled by Koh Kheng-Lian. This body of state practice is substantial. The key measures that illustrate patterns of integration through law (ITL) have been usefully analyzed and collected into two readily available compendia – the first volume, Part I, “Setting the Stage for ASEAN Environmental Cooperation, Harmonization, and Integration” and Part II, “General Legal Frameworks on the Environment,” which contains ASEAN documents on environmental law. These environmental legal instruments appear not only in the ASEAN Socio-Cultural Community Blueprint (also known as the Third Pillar) but across the ASEAN Political Security Community Blueprint (also known as the First Pillar). Volume I also includes documents setting forth ASEAN's environmental Programmes, Strategies, Plans of Action and Blueprints, as well as Declarations, Resolutions and Accords. The second volume focuses on specific sectors such as terrestrial ecosystems – natural resources and biodiversity; coastal and marine environment; water resources management; health and environment; energy and climate change; disaster management; environmental education; and ASEAN environmental governance. Both volumes should be considered companions to the commentaries in this monograph.

    It is beyond the scope of this study to address each of the many ASEAN environmental decision-making processes that constitute environmental law, policy and governance in ASEAN. This monograph will selectively reference ASEAN decision-making documents where relevant to an analysis of the rule of law in ASEAN integration, from an environmental law perspective. It should be noted that not all areas that need environmental integration are as yet amenable to integration for reasons of politics, sensitivity of issues, lack of knowledge and capacity, or other reasons.

    Evaluating how environmental law functions in the context of ASEAN “integration” can be challenging because the realm of the environment is all encompassing.

Page 50 of 86