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Since September 2014, the ten ASEAN countries have ratified the „dunst“ agreement. [2] Cross-border pollution has appeared annually in Southeast Asia, particularly in the southern countries of the region, Malaysia, Singapore and Indonesia. This has resulted in a large number of environmental, economic and health impacts. ASEAN has attempted to address this problem, including through the 2002 ASEAN Convention on Haze Cross-Border Pollution. The annual cross-border tide in Southeast Asia will continue if no regional solution is found. But the problem is that regional solutions under ASEAN are limited by the Bloc`s commitment to the ASEAN path. Not only does this hinder an effective regional response, but it is also difficult for each Member State to implement national legislation complementary to the ASEAN agreement. As long as this is the case, ASEAN Member States will not be inclined to take stronger action to address the root of the problem. In the case of duality, this means that Member States find it difficult to hold each other to account – and the companies concerned. Sovereignty issues, in particular, mean that it is not only difficult for Member States to take unilateral action against a foreign entity that engages in polluting activities on their territory; but it also complicates cooperation, as Member States retain the right to withhold the information necessary to prevent, monitor and mitigate the problem. In this sense, ASEAN`s guiding principles are, in many ways, at odds with an effective regional response to the cross-border tidal problem. The ASEAN agreement on cross-border haze pollution is a legally binding environmental agreement signed in 2002 by the member states of the Association of Southeast Asian Nations to reduce pollution in southeast Asia. [1] The agreement recognizes that cross-border pollution caused by forest fires and/or forest fires should be mitigated by a concerted national effort and international cooperation.

The formal procedure or system of rules that characterizes this agreement is the „ASEAN way“ of regional norms and codes characterized by principles of non-interference, consultation, consensus, silent diplomacy, symbolism and organizational minimalism. [7] The agreement is a response to an environmental crisis that hit Southeast Asia in the late 1990s. The crisis was caused mainly by the grubbing up of agricultural land by open combustion islets on the island of Sumatra, Indonesia. Satellite images confirmed the presence of hotspots in Kalimantan/Borneo, Sumatra, the Malay Peninsula and other locations, where an estimated 45,000 square kilometres of forest and land were burned. [3] Malaysia, Singapore and, to some extent, Thailand and Brunei were particularly hard hit. On 10 June 2002, the governments of the ten ASEAN member states signed the ASEAN Haze Cross-Border Pollution Agreement in Kuala Lumpur, Malaysia.