• Home
  • News
    • Press Statements
    • Speeches
    • Bar News
    • AGMs and EGMs
    • In Memoriam
    • Legal and General News
    • Court Judgments
    • Highlights from the Appellate Courts
  • Members
    • Circulars
    • Peer Support Network
    • Sijil Annual and Payments
    • Benefits
    • Practice Management
    • Professional Development
    • Opportunities for Practice
    • Mentor-Mentee Programmes
    • Laws, BC Rulings and Practice Directions
    • Resources
    • Become a Member
  • Find
    • Legal Directories
    • BC Legal Aid Centres
    • State Bar Committees
    • Law Firms | Areas of Practice
    • Jobs
    • Useful Forms
  • About Us
    • Malaysian Bar and Bar Council
    • President's Corner
    • Committees
    • Previous Committees
    • Contacts
    • Advertising
    • Malaysian Bar Lifetime Achievement Award
  • Public
    • Notices
    • Compensation Fund
    • Complaints
    • Legal Aid
    • MyBar Pro Bono Hub
  • Search
  • Login
Search for

New login method: If first-time login, the password is your NRIC No. Call 20502191 for help.

 
Lost your password? Remember Me

 
No User ID/Password for firm? Click here for more information. Forgot Firm Username/Password?

Set a new password

If you have lost your password, you must set a new password. To begin this process, please key in your 12-digit NRIC No. below.

Forgot Firm Username/ Password?

Please enter name of firm or registered email address, indicate whether you want to retrieve your firm's username or password, and click "Submit".

Username Password
 
Access to Member Portal

Please key in your membership number, and click "GO"

BC
Resume Practice Request

Please key in your membership number, and click "GO"

BC
Newly-Called Request

Please key in your pupil code, and click "Submit"

Pupil Code

Change Password


Please enter your Password and Confirm Password then click on the Change Password button.
You will receive a new password shortly. Use this new password to access the site.

Password:
Confirm Password:
 
Change Password


Shortcut
  • Legal Directory
  • Find a Job
  • CPD
  • Online Shop
  • Payments
  • Complaints
  • Committees

Search the site

  • Search Me
Member Login
  • BC Online Facilities
  • Login Type 2
  • Login Type 3
  • Login Type 4
  • About Us
  • Committees
  • LAWASIA Conference 2024 Organising Committee
About Us
Malaysian Bar and Bar Council
  • About Us
  • Bar Council Members
  • Malaysian Bar Secretariat
  • Elections
President's Corner
  • Roll of Chairmen / Presidents
  • Press Statements
Committees
  • * Committees | Introduction
  • Ad Hoc Committee on Conditional Fee Rules (Re Non-Personal Injuries)
  • Ad Hoc Committee on Conditional Fee Rules (Re Personal Injuries)
  • Ad Hoc Committee on Contempt of Court
  • Ad Hoc Committee on Corporatisation of Law Firms and Multi-Disciplinary Practice
  • Ad Hoc Committee on Legal Services Blueprint
  • Ad Hoc Committee on Personal Data Protection
  • Ad Hoc Committee on Prison Reforms
  • Ad Hoc Committee on Sectoral Law and Practice Integration
  • Ad Hoc Committee on Sectoral Law and Practice Integration
  • Ad Hoc Committee on Statelessness
  • Ad Hoc Committee on Touting
  • Ad Hoc Pandemic Response
  • Ad Hoc Parliament Liaison Committee
  • Ad Hoc Peer Support Network
  • Ad Hoc Waqf Committee
  • Advocacy Training
  • AMLA Training Committee
  • Animal Rights Committee
  • Anti-Touting Committee
  • Arbitration
  • Art and Law Committee
  • Bahasa Melayu
  • Building
  • Child Rights
  • Civil Law and Law Reform Committee
  • Committee on AMLA
  • Committee on Orang Asli Rights
  • Committee on Persons with Disabilities
  • Committee on Reform to the Legal Sector
  • Constitutional Law Committee
  • Construction Law
  • Conveyancing Practice
  • Corporate and Commercial Law
  • Court Liaison
  • Criminal Law
  • Cyber and Privacy Laws Committee
  • Cyberlaw
  • Digital and Communications Committee
  • Enforcement Committee
  • Environment and Climate Change
  • Family Law
  • Finance
  • Human Rights
  • Industrial and Employment Law
  • INSAF Committee
  • Integration
  • Intellectual Property
  • International Malaysia Law Conference 2026 Organising Committee
  • International Policy and Practice Committee
  • Islamic Finance
  • Joint Committee on Environmental, Social and Governance (“ESG”)
  • Joint Working Committee on ELEVATE
  • Joint Working Task Force to Reform the Healthcare Dispute Resolution System
  • Law Reform and Special Areas
  • LAWASIA Conference 2024 Organising Committee
  • LawCare
  • Legal Databases Liaison
  • Legal Profession
  • Legal Profession Practical Course Committee
  • Legal Tech, AI and Sandbox Committee
  • Mediation
  • Migrants, Refugees and Immigration Affairs Committee
  • MyBar Academy
  • MyBar Ageing Rights Advisory ("MBARA") Committee
  • MyBar Carnival Organising Committee
  • National Legal Aid Committee
  • National Young Lawyers and Pupils Committee
  • Personal Injury Claims and Awards
  • Professional Indemnity Insurance Committee
  • Professional Standards and Development
  • Publications
  • Risk Management
  • Shipping and Admiralty Law
  • Small Firms Practice
  • Solicitors' Remuneration Enforcement
  • Sports
  • Sports and e-Sports Law Practice Committee
  • Strategic Litigation Committee
  • Syariah Court Liaison Committee
  • Syariah Law
  • Task Force on Independent Police Complaints and Misconduct Commission ("IPCMC") and Police Accountability
  • Tax and Customs Committee
  • Tender Review Committee
  • Trade in Legal Services Committee
  • Trade in Legal Services Committee
  • Women's Rights
  • Yayasan Bantuan Guaman Kebangsaan Committee
Previous Committees
  • * Previous Committees | Introduction
  • Ad Hoc Committee on Amendments to the LPA
  • Ad Hoc Committee on Anti-Money Laundering
  • Ad Hoc Committee on Benchmarking Law Firms
  • Ad Hoc Committee on Judicial Commission
  • Ad Hoc Committee On National Legal Aid Foundation
  • Ad Hoc Committee on Quality and Standards
  • Ad Hoc Committee on Rules and Regulations
  • Alternative Dispute Resolution
  • Gender Issues & Equal Opportunities (2005-2007)
  • Institutional and Law Reform
  • International Malaysia Law Conference 2012
  • International Malaysia Law Conference 2014
  • International Malaysia Law Conference 2016
  • International Malaysia Law Conference 2018
  • International Malaysia Law Conference 2020
  • International Malaysia Law Conference 2022
  • International Malaysia Law Conference 2023
  • LawCare Fund Management
  • Library
  • Malaysian Law Conference 2007
  • Malaysian Law Conference 2010
  • Motor Insurance Review Ad Hoc Committee
  • No-Fault Liability Scheme
  • Practice Management Support
  • Safer Malaysia
  • Standing Committee for the Promotion of Best Practices by Detaining Authorities (2005-2007)
  • Standing Committee on Court Rules (2005-2007)
  • Standing Committee on Eliminating Discrimination (2005-2007)
  • Standing Committee to Review LPA 1976
  • Study Loan
  • Task Force on Combined Rules of Court
  • Task Force to Review the Compendium of Personal Injury Awards
Contacts
  • Web Administrator
  • Complaints
  • Legal Aid Centres
  • State Bar Committees
  • Malaysian Bar Secretariat
  • Bar Council Members
  • Bar Council
Advertising
  • Advertise with Bar Council
Malaysian Bar Lifetime Achievement Award
  • Malaysian Bar Lifetime Achievement Award
  • Go back to list
37th LAWASIA Conference 2024: Environmental Law (Session 1) | Transboundary Environmental Harm 16 Oct 2024 4:15 pm

By Sandhya Saravanan, Member of the Bar Council Publications Committee

The 37th LAWASIA Conference 2024 took place from 13 to 15 Oct 2024 at Hilton Kuala Lumpur.

The session started with moderator Kiu Jia Yaw setting the scene of navigating through the triple planetary crises of climate change, biodiversity loss and pollution, all which have transboundary implications.

The first speaker, Vinodsagaran Gunasakaren, partner of the Law Chambers of Vin Sa & Ian, shared with the delegates sombre pictures of illegal fishing, wildlife poaching and haze — all with a transboundary element.  He explained that while Singapore had enacted the Transboundary Haze Pollution Act in 2014, Malaysia does not have a similar legislation, as seeking cooperation from neighbouring countries (which forms a significant part of the legislation) was a challenge.  He was of the view that the ASEAN Agreement on Transboundary Haze Pollution may not be impactful in tackling the transboundary issues at hand.

The second speaker was Hitomi Mitani, lecturer of the law of tort at the Faculty of Law, Kumamoto University, Japan.  She shared her perspective on transboundary damages that a tort victim is entitled to, with a specific view of Japan’s ongoing radioactive waste water.  She spoke about the differences related to the cause-and-effect between low doses of radioactive material and the damage to the health of the victims, and the approach adopted by the Japanese Supreme Court concerning the threshold for a safe level of radiation exposure.  Another transboundary damage she highlighted was reputational damage, which was damage caused by consumers who were concerned about the risk of radioactive contamination of products due to facts widely known through news reports and other media sources.

The third speaker was Lily Morton, a lawyer in the climate change and sustainability team at Gilbert + Tobin.  She spoke about the emergence of mandatory disclosures by corporations across the globe. She explained that in June 2023, the International Sustainability Standards Boards issued two reports — the International Financial Reporting Standards (“IFRS”) General Requirements for Disclosure of Sustainability-related Financial Information; and IFRS climate-related disclosures, integrating and building on the Task Force on Climate-Related Financial Disclosures recommendations.  She went through the four core elements that organisations adopt, which were governance, strategy, risk management and most importantly, metrics and targets.

The fourth speaker was Briony Eales, consultant team leader for Judicial Capacity Building in Environmental and Climate Change Law at the Asian Development Bank.  She began her presentation by setting out the environmental challenges as well as the challenges to justice in the Pacific region.  With these in mind, she highlighted the objectives that should be in place, including strengthening the capacity for climate change and environmental dispute resolution.  A proposal was made on the potential structure of the Pacific Environmental Dispute Resolution Centre with three potential functions.  The function of capacity building would include judicial education and training for legal actors, as well as potential community education and outreach efforts. The technical aspect would potentially consider the register of experts and function as an ombudsman.  The multi-door dispute resolution function would consider alternative dispute resolution mechanisms and enforcement of orders.

The fifth speaker was Md Imam Hossain, Head of Chamber of Investment & Development, Consultancy / Litigation / Arbitration (“IDCLA”).  He spoke on the environmental justice and climate action of the Global North and South, highlighting a comparative study of both regions.   

On the question from the moderator on whether mediation and arbitration would be the preferred medium of dispute resolution to resolve such transboundary issues, Vinodsagaran Gunasakaren was of the view that such closed-door mechanisms may encourage parties to resolve issues, given that most times, it would involve the sharing of sensitive information.  However, Briony Eales was of the contrary view, as such mechanisms rarely allow community members to have a say and they don’t allow amicus curiae briefs.  

However, all speakers agreed on the need for effective implementation of laws and strategies to tackle such transboundary issues at hand, on which more could be done.

 

© Copyright Reserved 2026. Malaysian Bar.
Wisma Badan Peguam Malaysia, 2 Leboh Pasar Besar, 50050 Kuala Lumpur, Malaysia
Terms and Conditions.
 

I'm a

 
 
 
 
 

I'm a