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LettersCould Indonesia be sued for the haze in Malaysia? Yes and no

Readers discuss a recourse for victims of transboundary air pollution, tourist spending, tourism videos past and present, and Hongkong Post’s options

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The Kuala Lumpur skyline is shrouded in haze, as seen from Ampang, Malaysia, on August 26. Photo: Reuters
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I refer to “Malaysia’s air quality turns hazardous as Indonesian wildfires burn” (August 31). Four areas in Malaysia’s Bornean state of Sarawak recorded hazardous air quality, with Air Pollutant Index readings above 300. Serian, closest to the frontier with Indonesia’s West Kalimantan province, recorded a reading of 476.

That’s nearing the threshold of 500 for declaring an emergency. Are there remedies for victims of the man-made transboundary haze?

Little is known of a transboundary air pollution case brought before the International Court of Justice.

Ecuador sued Colombia in March 2008 for alleged aerial spraying of toxic herbicides at locations near, at and across the countries’ border. Ecuador contended that the spraying had caused serious damage to people, crops, animals and the natural environment on the Ecuadorian side and posed a grave risk of further damage over time. The spraying was allegedly carried out as part of Colombia’s plan to eradicate illegal cocaine crops.

Under international law, a state is considered to have violated the law if the actions or omissions causing the harm are attributable to the state or constitute a violation of the international obligations of that state.

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