Haze pollution: regulating corporate responsibility and liabilities under environmental law in Malaysia

In the past 30 years Malaysia has been enjoying significant economic growth that arises mainly from industrialization. However, the expansion of economic sector and industrial process have inevitably jeopardised environmental quality and contributed towards degrading air quality and occurrance of ha...

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Main Authors: Mustafa, Maizatun, Ariffin, Mariani, Rusli, Mohd Hazmi, Mat Seman, Nurulnabila Hanis
Format: Article
Published: Universiti Teknologi Mara 2019
Online Access:http://psasir.upm.edu.my/id/eprint/80040/
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author Mustafa, Maizatun
Ariffin, Mariani
Rusli, Mohd Hazmi
Mat Seman, Nurulnabila Hanis
author_facet Mustafa, Maizatun
Ariffin, Mariani
Rusli, Mohd Hazmi
Mat Seman, Nurulnabila Hanis
author_sort Mustafa, Maizatun
building UPM Institutional Repository
collection Online Access
description In the past 30 years Malaysia has been enjoying significant economic growth that arises mainly from industrialization. However, the expansion of economic sector and industrial process have inevitably jeopardised environmental quality and contributed towards degrading air quality and occurrance of haze. Consequences of economic activities on the environment have already been acknowledged and various measures have been introduced to regulate such activities. However, while the main focus of controlling air pollution has always been on regulating emission discharge, one important but less developed aspects of such control is pertaining to corporate environmental duties as well as liabilities. The notion of corporate’s legal duty to meet general environmental protection obligations is something relatively new to Malaysia but progressing. This can be seen from the introduction of strategies within environmental law that invoke either self-regulation or shared responsibility between government and industry relating to environmental protection and pollution control, and in imposing criminal sanction upon corporation that commit environmental offences. In light of the fact that sources of haze pollution can be attributed to “growth-related” activities as manifested by the rise in the emission of air pollution which causes haze, the objectives of this article are to examine the role of domestic law in requiring corporations to fulfill their environmental responsibility, and in imposing criminal liabilties for haze related offences. While the extent of company’s duties as well as accountability can be found within the provisions of domestic environmental law, the article also seeks to find out to what extent similar provision can be applied in relation to transboundary haze pollution which has been affecting Malaysia for many years. This paper concludes that understanding of the scope and limitation of domestic law is pertinent in facilitating Malaysia’s next cause of action towards enhancing the regulation of corporate environmental responsibility as well as liabilities associated with domestic and transboundary haze pollution, and in promoting environmental sustainability.
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institution Universiti Putra Malaysia
institution_category Local University
last_indexed 2025-11-15T12:19:26Z
publishDate 2019
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spelling upm-800402023-07-27T02:04:45Z http://psasir.upm.edu.my/id/eprint/80040/ Haze pollution: regulating corporate responsibility and liabilities under environmental law in Malaysia Mustafa, Maizatun Ariffin, Mariani Rusli, Mohd Hazmi Mat Seman, Nurulnabila Hanis In the past 30 years Malaysia has been enjoying significant economic growth that arises mainly from industrialization. However, the expansion of economic sector and industrial process have inevitably jeopardised environmental quality and contributed towards degrading air quality and occurrance of haze. Consequences of economic activities on the environment have already been acknowledged and various measures have been introduced to regulate such activities. However, while the main focus of controlling air pollution has always been on regulating emission discharge, one important but less developed aspects of such control is pertaining to corporate environmental duties as well as liabilities. The notion of corporate’s legal duty to meet general environmental protection obligations is something relatively new to Malaysia but progressing. This can be seen from the introduction of strategies within environmental law that invoke either self-regulation or shared responsibility between government and industry relating to environmental protection and pollution control, and in imposing criminal sanction upon corporation that commit environmental offences. In light of the fact that sources of haze pollution can be attributed to “growth-related” activities as manifested by the rise in the emission of air pollution which causes haze, the objectives of this article are to examine the role of domestic law in requiring corporations to fulfill their environmental responsibility, and in imposing criminal liabilties for haze related offences. While the extent of company’s duties as well as accountability can be found within the provisions of domestic environmental law, the article also seeks to find out to what extent similar provision can be applied in relation to transboundary haze pollution which has been affecting Malaysia for many years. This paper concludes that understanding of the scope and limitation of domestic law is pertinent in facilitating Malaysia’s next cause of action towards enhancing the regulation of corporate environmental responsibility as well as liabilities associated with domestic and transboundary haze pollution, and in promoting environmental sustainability. Universiti Teknologi Mara 2019 Article PeerReviewed Mustafa, Maizatun and Ariffin, Mariani and Rusli, Mohd Hazmi and Mat Seman, Nurulnabila Hanis (2019) Haze pollution: regulating corporate responsibility and liabilities under environmental law in Malaysia. The Journal for Environmental Law, Development and Research, 1 (Inaugural issue). pp. 18-31. ISSN 2682-7980
spellingShingle Mustafa, Maizatun
Ariffin, Mariani
Rusli, Mohd Hazmi
Mat Seman, Nurulnabila Hanis
Haze pollution: regulating corporate responsibility and liabilities under environmental law in Malaysia
title Haze pollution: regulating corporate responsibility and liabilities under environmental law in Malaysia
title_full Haze pollution: regulating corporate responsibility and liabilities under environmental law in Malaysia
title_fullStr Haze pollution: regulating corporate responsibility and liabilities under environmental law in Malaysia
title_full_unstemmed Haze pollution: regulating corporate responsibility and liabilities under environmental law in Malaysia
title_short Haze pollution: regulating corporate responsibility and liabilities under environmental law in Malaysia
title_sort haze pollution: regulating corporate responsibility and liabilities under environmental law in malaysia
url http://psasir.upm.edu.my/id/eprint/80040/