abusesaffiliationarrow-downarrow-leftarrow-rightarrow-upattack-typeburgerchevron-downchevron-leftchevron-rightchevron-upClock iconclosedeletedevelopment-povertydiscriminationdollardownloademailenvironmentexternal-linkfacebookfiltergenderglobegroupshealthC4067174-3DD9-4B9E-AD64-284FDAAE6338@1xinformation-outlineinformationinstagraminvestment-trade-globalisationissueslabourlanguagesShapeCombined Shapeline, chart, up, arrow, graphLinkedInlocationmap-pinminusnewsorganisationotheroverviewpluspreviewArtboard 185profilerefreshIconnewssearchsecurityPathStock downStock steadyStock uptagticktooltiptwitteruniversalityweb
Article

4 Sep 2017

Author:
Mahdev Mohan, Singapore Management University, on Business and Human Rights Journal

Commentary: Singapore's law to hold companies liable for transboundary environmental & health impacts of haze pollution

"A Domestic Solution for Transboundary Harm: Singapore's Haze Pollution Law", 23 May 2017

Toxic "haze" from fires, often burning over dry peatland in Indonesia, has affected millions...

Singapore's Ministry of Environment...ha[s] attributed the...pollution...to the conduct "of errant companies...", and note that "their emphasis on profit at the expense of the environment and society has led to serious and harmful consequences affecting millions of people". 

Singapore's extraterritorial Transboundary Haze Pollution Act [THPA]...imposes both civil and criminal liability on errant companies domiciled or operating overseas but which cause or contribute to haze pollution in Singapore.

...Section 9...extends the..."precautionary principle"to corporations as well, obligating entities...to take certain precautionary and remedial measures....[T]he THPA...endorses...the Guiding Principles, particularly Principle 2, which provides that "States should set out clearly the expectation that all business enterprises domiciled in their territory...respect human rights throughout their operations."

...Scholars acknowledge environmental pollution as one of the most significant risks to the right to health protection...

...Notwithstanding its limitations, the THPA provides a basis for an unprecedented domestic response to transboundary haze pollution reminiscent of the UN Framework and Guiding Principles. It is important to note that the greatest value of the THPA lies in the fact that it has prompted a degree of compliance on the part of companies that have responded to the preventive notices. Indonesia too has taken further strides with enforcement...

Timeline

Privacy information

This site uses cookies and other web storage technologies. You can set your privacy choices below. Changes will take effect immediately.

For more information on our use of web storage, please refer to our Data Usage and Cookies Policy

Strictly necessary storage

ON
OFF

Necessary storage enables core site functionality. This site cannot function without it, so it can only be disabled by changing settings in your browser.

Analytics cookie

ON
OFF

When you access our website we use Google Analytics to collect information on your visit. Accepting this cookie will allow us to understand more details about your journey, and improve how we surface information. All analytics information is anonymous and we do not use it to identify you. Google provides a Google Analytics opt-out add on for all popular browsers.

Promotional cookies

ON
OFF

We share news and updates on business and human rights through third party platforms, including social media and search engines. These cookies help us to understand the performance of these promotions.

Your privacy choices for this site

This site uses cookies and other web storage technologies to enhance your experience beyond necessary core functionality.