The Establishment of a Regional Court in Southeast Asia to Combat Environmental Issues

Abstract

Abstract Regional arrangements for dispute resolution are sanctioned under Article 52 of the United Nations Charter. Following therefrom, the regions of Europe, America and Africa have set up regional courts for the resolution of all kinds of disputes between respective Member States, including for human rights issues. In the Southeast Asian region, despite the setting up of the Association of Southeast Asian Nations (ASEAN) on 8 August 1967, there has yet to be any concrete form of a binding dispute resolution mechanism. In recent times, environmental issues have been given due recognition by their elevation onto the human rights platform in many international conventions, and also crafted into the constitutions of many countries around the world. Against this background, this article explores the viability of establishing a regional court for Southeast Asia. The research finds that the establishment of a regional court in Southeast Asia is necessary, not only to tackle transboundary pollution issues between Member States, but also as a forum of last resort by individuals or groups within Member States which have yet to recognise environmental rights as human rights.