The Indonesian Forest Fires: Internationalizing a National Environmental Problem
¡@
Abstract
¡@
In final chapter, Allen Springer examines the internationalization of major Indonesian forest fires that occurred in 1997 and 1998. The fires spread through the brush, forests and peat bogs of eastern Indonesia, destroying nearly 10 million hectares. A thick, smoky haze spread over much of Southeast Asia, affecting public health and devastating the tourist trade. The transboundary consequences of the fires transformed what was initially a national environmental problem into one of regional and even global dimensions. The resulting damage, estimated as high as US$8-10 billion, made the Indonesian fires among the planet's most costly environmental catastrophes. These devastating impacts focused international attention on developing practical measures to prevent, or at least control, a recurrence of similar fires. The nature of the international response to the fires raises important questions about the legal and institutional development of a body of international environmental practice in which states seemingly acknowledged almost 30 years ago that they were responsible for controlling environmentally degrading activities within their jurisdictions. Despite the seriousness of the problem and the early recognition that it was a disaster to which the Indonesian government had directly contributed through its land-use policies and its lax enforcement of existing laws, there was remarkably little said either by Indonesia or by other states about Indonesia's legal responsibility to control the fires and to pay compensation to those beyond its borders who were injured. As one observe quoted by Springer described the situation, "the fires . . . challenge the adequacy of international environmental law, both in practice and in principle."
¡@
As Springer notes, recent assessments of the development of Asian environmental law describe a process whereby states look to international conventions and agreements when developing their environmental management policies and regulations, rather than remaining focused internally. As Springer uses it, this "internationalization" does not necessarily imply a process of conscious choice by governments whose policies and behavior might be affected by international norms. The focus is as much about the role of outside governments, organizations and interest groups in pushing the process along, as it is about a particular government. Springer's objective is to better understand some of the factors shaping attitudes, not just in Indonesia but also throughout the international community, as people were forced to confront a serious environmental challenge. His chapter reviews the fires themselves, their presumed causes and effects, and the steps taken on national, regional and global levels to address them. As he shows, many states and international organizations sought to assist Indonesia and, in so doing, transformed the fires into an international issue. Springer assesses their response and explains why more was not done. His central observation is that there is a substantial gap between international environmental legal principles and actual practices by governments. Nonetheless, he argues that a process of internationalization is underway, a process that is acknowledging the legitimacy of the international community's interest in controlling the factors that led to the fires. He offers some hope that increased public awareness and organized pressure against governments will encourage officials to accelerate this process and create stronger legal frameworks to support environmental protection efforts in Southeast Asia and beyond.