16 - Combating Haze Pollution through the Enforcement of Investment Treaties and Human Rights

Summary

This chapter considers issues of investment treaties and human rights through the prism of the transboundary haze pollution which has recurred throughout South East Asia for decades, arising from forest and peat fires in Indonesia.There have been a range of responses, which have included action within Indonesia and by individual States, such as Singapore, as well as by the Association of Southeast Asian Nations.This chapter analyses the responsibility of States to prevent transboundary pollution and to protect the human rights of those within their jurisdiction, as well as those residing in neighbouring States.As there are limited means to compel States to comply with international law in this area, this chapter explores two other avenues of enforcement. It considers whether claims could be brought against a State under a relevant investment treaty when an investor’s investment has been affected by the haze pollution.It also examines whether a claim could be brought against those companies which have caused or contributed to human rights violations by their own actions in relation to haze pollution or by actions of third parties with whom they have a business relationship.