Transnational cooperation for managing the control of environmental disputes in East Asia

Abstract

Environmental degradation often raises inter State conflicts. The high rate of economic growth in East Asia, led by China, is likely to raise increasing environmental challenges in this region, and this article examines methods for peacefully resolving such transnational or transboundary environmental disputes in East Asia. Examples of both bilateral and multilateral arrangements are considered, with the management of the Mekong River basin and the combat of Indonesian haze taken as case examples. The most prominent regional organisation in the region is ASEAN, and, though mainly guided by soft law, the ASEAN efforts in environmental management have been applauded as thorough and a possible model for other regional organisations. It is concluded that a number of core principles of international environmental law, including those good neighbourliness, peaceful resolution of disputes, and State responsibility for environmental damage can be used as a sound basis for resolving and minimising environmental conflicts in East Asia. © Oxford University Press 2004; all rights reserved.