The haze problem is not new, yet the legal routes for Malaysia and Singapore to seek redress remain limited, according to regional experts.

The International Court of Justice can only hear a case if both countries agree to its jurisdiction, and Indonesia, Malaysia and Singapore have not given that consent," said Professor Mohd Hazmi Mohd Rusli of Universiti Sains Islam Malaysia.

Both Indonesia and its neighbours are also outside the 1979 Convention on Long‑range Transboundary Air Pollution, a treaty that deals with cross‑border air pollution, so they cannot rely on its dispute‑settlement rules.

All three nations have signed the ASEAN Agreement on Transboundary Haze Pollution (2002). The treaty is legally binding, but, as Hazmi notes, it does not contain a clause that lets one member state sue another, limiting any direct legal pressure.

Singapore responded with its own Transboundary Haze Pollution Act in 2014, aimed at foreign companies that cause haze. Enforcement has been weak because the law depends heavily on cooperation from foreign authorities, making it hard to collect fines or damages.

Another option would be to bring a civil suit in an Indonesian court. Legal expert Azam Hawari of ClientEarth explains that claimants must prove a direct link between a company’s activities, the haze that reaches them, and their losses – a hurdle that has not yet been cleared.

These jurisdictional gaps, treaty limitations, and enforcement challenges mean that Malaysia and Singapore can do little more than press for regional cooperation, leaving the haze issue largely unresolved.