The Integrated Mechanism of Asean Environmental Law Enforcement For Sustainable Development
This paper focuses on what extent and how ASEAN shall establish an integrated mechanism of ASEAN environmental law enforcement for sustainable development. The enforcement of environmental laws in ASEAN Community needs an integrated mechanism of good practices on enforcement of environmental laws that were shared among all ASEAN members as an instrument to guide each other when strengthening their effective enforcement of both national environmental laws and ASEAN environmental agreements for environmental sustainability. For any environmental legislation or regulation to be effective, it requires to be adequately enforced. Both ASEAN instruments and national environmental regulations in ASEAN members do provide enforcement mechanisms and expect the responsible authorities to enforce the law. However, ASEAN members have long been experiencing weak enforcement that is rendering the national environmental laws and regulations sometimes ineffective in deterring violations. The fact that the experiences of ASEAN members on enforcing their environmental laws and regulations differ provides opportunities to learn from each other experiences. The mechanism of good practices on enforcement of environmental laws in ASEAN members shall be classified into three categories: administrative law enforcement, civil law enforcement, and criminal law enforcement, which provides three different perspectives of environmental law enforcement for sustainable development. In addition, ASEAN regional network’s institutions also provide a good opportunity to continue collaborating at the regional and sub-regional levels to strengthen the mechanism of enforcement of environmental laws for sustainable development in each ASEAN members. This paper recommends therefore ASEAN Secretariat could help all ASEAN members to adopt good practices on environmental sustainability and to develop their national guidelines in order to implement an integrated mechanism of ASEAN environmental law enforcement for sustainable development.
Keywords: integrated mechanism, ASEAN environmental law, enforcement, sustainable development.