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Taking legal action is not simply a legal decision, said Assoc Prof Lin, who is also director of the Asia-Pacific Centre for Environmental Law.<\/span><\/p>\n She noted that when Singapore previously tried to use the Act in 2015, there was some unhappiness in Indonesia.<\/span><\/p>\n “There were cries that Singapore was infringing upon Indonesia’s sovereignty with this Act by trying to issue enforcement notices outside its jurisdiction,” she said.<\/span><\/p>\n International law is “very clear” that Indonesia can do as it wishes with its natural resources as long as it does not cause harm to those outside its territory, said Assoc Prof Lin.<\/span><\/p>\n Being on the receiving end of harmful effects from the ongoing forest fires in Indonesia grants Singapore the right to use its own laws to tackle the issue, she said.<\/span><\/p>\n “The decision to do so, however, has diplomatic implications,” she said.<\/span><\/p>\n Singapore Management University’s Michelle Lim also highlighted the political sensitivities of Singapore taking legal action against companies operating in the territory of a “close and powerful neighbour”.<\/span><\/p>\n The associate professor of law noted that Singapore does have jurisdiction \u2013 but with any moves made, how they are then perceived by Indonesia is another matter, she said.<\/span><\/p>\n Ms Fu also said on Friday that past cases have given the government a better understanding of the practical challenges of investigating transboundary haze offences, and that it will learn from those cases as it assesses the current haze episode and the steps to take.<\/p>\n Investigations into four companies that began in 2015 are still ongoing, the NEA said this week, underscoring difficulty in taking action under the Act.<\/span><\/p>\n \u201cIt is not easy, I will be the first to admit, but we must try,\u201d she said. \u201cWe must try in order to protect Singaporeans, try whatever that is within our control to bring the best outcome for Singapore, even if it may not be so effective.\u201d<\/span><\/p>\n Assoc Prof Lim said there can be difficulty in establishing causation \u2013 or proving that conduct by a company caused the haze in Singapore.<\/span><\/p>\n “Due to the principle of sovereignty, Singapore’s capacity to obtain this information depends on the extent to which Indonesia facilitates or even allows the fact-finding to occur,” she said.<\/span><\/p>\n<\/div>\nDIFFICULTIES IN PURSUING RECOURSE<\/h2>\n
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