The ASEAN-Australia Special Summit was held in Melbourne on 4-6 March 2024.

If attendees had cast an eye over NASA's regional map before the various events, they would have seen a region consumed by agricultural burning-off and forest fires. It might have provoked the odd question of leaders attending the Summit.

Fires across South East Asia are an annual event which choke the region and affect the health of tens of millions of people. During this time, the level of fine inhalable particles is many times higher than the WHO recommended level, resulting in increased respiratory-related illnesses.

While Thailand has a new draft Clean Air Act approved by Cabinet, each year politicians make broad statements about tackling air pollution and invoke feel good but otherwise useless temporary measures such as spraying water mist into the air.

Much of the air pollution is linked to agricultural burn-off, particularly in the sugar cane sector. Burning off is a cheap solution where farmers don't have the financial resources for more environmentally friendly farming practices. Some change is occurring. Another significant air pollution source is deliberately lit forest fires.

A key issue is enforcement of existing laws. Closer regional co-operation is also needed.

There is a brief mention of regional air pollution or 'transboundary haze pollution' in Item 42 of the Melbourne Declaration.

In a somewhat woolly statement, the ASEAN leaders look forward to exploring cooperation in addressing transboundary haze pollution, including the establishment and operationalisation of the ASEAN Coordinating Centre for Transboundary Haze Pollution Control (ACCTHPC).

While ASEAN leaders kick the issue down the road and hold hands in Melbourne, people in South East Asia choke through another smog-filled day.

ASEAN Melbourne Statement

NASA Fire Information for Resource Management System

March 2024

The content of this publication is intended to provide a general overview on matters which may be of interest. It is not intended to be comprehensive. It does not constitute advice in relation to particular circumstances nor does it constitute the provision of legal services, legal advice or financial product advice.

Some interesting comments on moves by companies to switch from Hong Kong as the governing law and place of arbitration in contracts in the wake of China's tightening grip on the Territory.

In contracts involving foreign companies and counterparts in South East Asia, Hong Kong and Singapore are often viewed as preferred independent arbitration locations. Any shift away from Hong Kong may be a boon for Singapore.

When acting for foreign companies, the method of dispute resolution is often crucial. In some jurisdictions, foreign arbitral awards may be enforceable upon registration whereas foreign court judgments can only be used as evidence in local civil proceedings.

It is understandable that companies may be nervous using Hong Kong as a place of arbitration when the long term implications of the changes in Hong Kong remain unknown.

Companies consider writing Hong Kong out of legal contracts

February 2021