Opportunities for corporate climate litigation in Southeast Asia

Abstract:

Southeast Asia ranks high amongst regions most vulnerable to the impacts of climate change. This article explores novel opportunities for corporate climate litigation in the region, focusing on Indonesia, Malaysia and Singapore. While climate litigation in the region is relatively nascent, emerging and oftentimes underused legal frameworks present powerful avenues for accountability. The article examines accountability for various climate-related wrongdoings, such as greenwashing and mass deforestation, through the lens of consumer protection law, tort law and constitutional law. It also analyses the utility of specific environmental legislation, such as Indonesia’s Environmental Protection and Management Act and Singapore’s Transboundary Haze Pollution Act, so as to advance climate accountability. Through this analysis, the potential is highlighted for these legal tools to assist in addressing corporate contributions to climate change, and barriers and opportunities for strategic litigation are identified, with the view of guiding future legal and policy developments in the region.