Towards extra-jurisdictional environmental management in combating transnational environmental crimes in Malaysia from a legal aspect

 
 
 
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  • Abstract


    Environmental deterioration in Southeast Asia region can be attributed to illegal logging and timber smuggling which contributes to deforestation, wildlife smuggling, black-market transactions in ozone-depleting substances and dumping of other forms of hazardous wastes and chemical, illegal open burning incidents that can lead to air pollution contributing to transnational impacts. Controlling activities that are taking place within one State resulting to environmental impacts in another State is not uncommon in environmental issues and thus, such activities are construed as environmental crimes at times. Hence, any illegal activities within another jurisdiction must be addressed efficiently as the conduct of such activities are becoming increasingly sophisticated and complex partly due to the nature of transnational activities that operate beyond national boundaries. This article will discuss transnational environmental crime in Malaysia and Southeast Asia region and assess the application of adopting extra-jurisdictional approach to combat transnational environmental crime by drawing the example from Singapore’s experience of passing the Transboundary Haze Pollution Act 2014 to tackle challenges of haze pollution that are caused by activities in another State. The finding of this article suggests that extra-jurisdictional legislation is a common management tool in international law based on the international principle of territorial sovereign applies to conduct of a State within its territory. There seemed to be an exception that stems from a principle known as ‘objective territoriality principle’ under international law that allows another State to make claims against another State that commits environmental crime resulting to transnational impacts. The efficiency of extra-jurisdictional approach will be analysed based on Malaysia’s experiences in tackling transnational environmental crimes by reviewing domestic policies, local legislations and relevant international agreements to ensure that environmental protection is sustained.

     


  • Keywords


    Environment, Transnational, Crime, Malaysia, Extra-jurisdictional

  • References


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      b. receive or send, or cause or permit to be received or sent any scheduled wastes in or out of Malaysia; or
      c. transit or cause or permit the transit of scheduled wastes, without any prior written approval of the Director General.
      (2) The Director General may grant the written approval either subject to conditions or unconditionally.
      (3) For the purpose of this Act, any act of receiving or sending, or transit of any scheduled wastes with an approval obtained through falsification, misrepresentation or fraud or which does not conform in a material way with the relevant documents in such form as may be prescribed, shall be an offence.
      (4) Any person who contravenes this section shall be guilty of an offence and shall be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a period not exceeding five years or to both.
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      [62] 148 F.2d 416 (2d Cir. 1945).
      [63] Enacted July, 1890.
      [64] 986 F (2d) 528 (1993).
      [65] For the purposes of this Act, where -
      a. it is proved, or presumed by the operation of subsection (4), that an entity owns or occupies any land situated outside Singapore; and
      b. it is further proved, or presumed by operation of subsection (1), that any haze pollution in Singapore involves smoke resulting from any fire on that land outside Singapore, it shall be presumed, until the contrary is proved, that the entity which is the owner or occupier of the land engaged in conduct, or engaged in conduct that condones any conduct by another, which caused or contributed to that haze pollution in Singapore
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      [71] Article 12 of the Bangkok Declaration on Extraterritorial Human Rights Obligations.
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Article ID: 10948
 
DOI: 10.14419/ijet.v7i2.10.10948




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