Haze pollution: regulating corporate responsibility and liabilities under Environmental Law in Malaysia

In the past 30 years Malaysia has been enjoying significant economic growth that arises mainly from industrialization. However, the expansion of economic sector and industrial process have inevitably jeopardised environmental quality and contributed towards degrading air quality and occurrance of ha...

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Main Authors:	Mustafa, Maizatun, Ariffin, Mariani, Rusli, Mohd Hazmi, Mat Seman, Nurulnabila Hanis
Format:	Article
Language:	English
Published:	Fakulti Undang-undang, Universiti Teknologi MARA 2019
Subjects:	KPG Malaysia
Online Access:	http://irep.iium.edu.my/73397/ http://irep.iium.edu.my/73397/ http://irep.iium.edu.my/73397/7/73397%20%20Haze%20Pollution.pdf

id	iium-73397
recordtype	eprints
spelling	iium-733972019-07-25T08:20:47Z http://irep.iium.edu.my/73397/ Haze pollution: regulating corporate responsibility and liabilities under Environmental Law in Malaysia Mustafa, Maizatun Ariffin, Mariani Rusli, Mohd Hazmi Mat Seman, Nurulnabila Hanis KPG Malaysia In the past 30 years Malaysia has been enjoying significant economic growth that arises mainly from industrialization. However, the expansion of economic sector and industrial process have inevitably jeopardised environmental quality and contributed towards degrading air quality and occurrance of haze. Consequences of economic activities on the environment have already been acknowledged and various measures have been introduced to regulate such activities. However, while the main focus of controlling air pollution has always been on regulating emission discharge, one important but less developed aspects of such control is pertaining to corporate environmental duties as well as liabilities. The notion of corporate’s legal duty to meet general environmental protection obligations is something relatively new to Malaysia but progressing. This can be seen from the introduction of strategies within environmental law that invoke either self-regulation or shared responsibility between government and industry relating to environmental protection and pollution control, and in imposing criminal sanction upon corporation that commit environmental offences. In light of the fact that sources of haze pollution can be attributed to “growth-related” activities as manifested by the rise in the emission of air pollution which causes haze, the objectives of this article are to examine the role of domestic law in requiring corporations to fulfill their environmental responsibility, and in imposing criminal liabilties for haze related offences. While the extent of company’s duties as well as accountability can be found within the provisions of domestic environmental law, the article also seeks to find out to what extent similar provision can be applied in relation to transboundary haze pollution which has been affecting Malaysia for many years. This paper concludes that understanding of the scope and limitation of domestic law is pertinent in facilitating Malaysia’s next cause of action towards enhancing the regulation of corporate environmental responsibility as well as liabilities associated with domestic and transboundary haze pollution, and in promoting environmental sustainability. Fakulti Undang-undang, Universiti Teknologi MARA 2019 Article PeerReviewed application/pdf en http://irep.iium.edu.my/73397/7/73397%20%20Haze%20Pollution.pdf Mustafa, Maizatun and Ariffin, Mariani and Rusli, Mohd Hazmi and Mat Seman, Nurulnabila Hanis (2019) Haze pollution: regulating corporate responsibility and liabilities under Environmental Law in Malaysia. The Journal for Environmental Law, Development and Research, 1 (Inaugural Issue). pp. 18-31. E-ISSN 2682-7980 https://law.uitm.edu.my/v4/images/pdf/nafi106.pdf
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	KPG Malaysia
spellingShingle	KPG Malaysia Mustafa, Maizatun Ariffin, Mariani Rusli, Mohd Hazmi Mat Seman, Nurulnabila Hanis Haze pollution: regulating corporate responsibility and liabilities under Environmental Law in Malaysia
description	In the past 30 years Malaysia has been enjoying significant economic growth that arises mainly from industrialization. However, the expansion of economic sector and industrial process have inevitably jeopardised environmental quality and contributed towards degrading air quality and occurrance of haze. Consequences of economic activities on the environment have already been acknowledged and various measures have been introduced to regulate such activities. However, while the main focus of controlling air pollution has always been on regulating emission discharge, one important but less developed aspects of such control is pertaining to corporate environmental duties as well as liabilities. The notion of corporate’s legal duty to meet general environmental protection obligations is something relatively new to Malaysia but progressing. This can be seen from the introduction of strategies within environmental law that invoke either self-regulation or shared responsibility between government and industry relating to environmental protection and pollution control, and in imposing criminal sanction upon corporation that commit environmental offences. In light of the fact that sources of haze pollution can be attributed to “growth-related” activities as manifested by the rise in the emission of air pollution which causes haze, the objectives of this article are to examine the role of domestic law in requiring corporations to fulfill their environmental responsibility, and in imposing criminal liabilties for haze related offences. While the extent of company’s duties as well as accountability can be found within the provisions of domestic environmental law, the article also seeks to find out to what extent similar provision can be applied in relation to transboundary haze pollution which has been affecting Malaysia for many years. This paper concludes that understanding of the scope and limitation of domestic law is pertinent in facilitating Malaysia’s next cause of action towards enhancing the regulation of corporate environmental responsibility as well as liabilities associated with domestic and transboundary haze pollution, and in promoting environmental sustainability.
format	Article
author	Mustafa, Maizatun Ariffin, Mariani Rusli, Mohd Hazmi Mat Seman, Nurulnabila Hanis
author_facet	Mustafa, Maizatun Ariffin, Mariani Rusli, Mohd Hazmi Mat Seman, Nurulnabila Hanis
author_sort	Mustafa, Maizatun
title	Haze pollution: regulating corporate responsibility and liabilities under Environmental Law in Malaysia
title_short	Haze pollution: regulating corporate responsibility and liabilities under Environmental Law in Malaysia
title_full	Haze pollution: regulating corporate responsibility and liabilities under Environmental Law in Malaysia
title_fullStr	Haze pollution: regulating corporate responsibility and liabilities under Environmental Law in Malaysia
title_full_unstemmed	Haze pollution: regulating corporate responsibility and liabilities under Environmental Law in Malaysia
title_sort	haze pollution: regulating corporate responsibility and liabilities under environmental law in malaysia
publisher	Fakulti Undang-undang, Universiti Teknologi MARA
publishDate	2019
url	http://irep.iium.edu.my/73397/ http://irep.iium.edu.my/73397/ http://irep.iium.edu.my/73397/7/73397%20%20Haze%20Pollution.pdf
first_indexed	2023-09-18T21:44:04Z
last_indexed	2023-09-18T21:44:04Z
_version_	1777413331671318528

Haze pollution: regulating corporate responsibility and liabilities under Environmental Law in Malaysia

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