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Environmental Rule of Law: Why Malaysia Needs Stronger Protections for People and Planet

Most Malaysians are familiar with the Rule of Law—it is introduced early in school and enshrined as the fourth principle of the Rukun Negara. However, while traditional law focuses primarily on the relationship between individuals and the state, the Environmental Rule of Law (EROL) adopts a broader view, protecting the interconnected triad of flora, fauna, and human life.

Global reports by the United Nations Environment Programme (UNEP) highlight why countries must move beyond standard legal frameworks to adopt EROL:

• Targeted Implementation: It focuses specifically on effective enforcement and practical application rather than theoretical policy.
• Elevating the Issue: It frames environmental destruction as a fundamental violation of the law rather than just a localized "green issue."
• Addressing Unique Dynamics: It resolves legal complexities unique to ecosystems and natural resource management.
• Broader Stakeholder Engagement: It brings industry leaders, judicial bodies, and government agencies into the conversation alongside environmentalists.

Key Challenges in Malaysia’s Environmental Landscape

Despite growing global recognition of EROL, its application within Malaysia faces several structural and societal hurdles:

• A Constitutional Gap: The Malaysian Federal Constitution does not explicitly mention the word "environment" or guarantee a right to a clean living space. While a landmark ruling (Tan Teck Seng v Suruhanjaya Perkhidmatan Awam) suggested that Article 5's "right to life" includes a pollution-free environment, this principle has not been formally expanded by the judiciary.
• Persistent Waste and Pollution: Dubbed by researchers as a "polluted paradise," Malaysia continues to struggle with illegal plastic waste dumping and smuggling, leaving microplastics hidden deep within local soil and waterways.
• Microplastics in the Local Diet: Environmental contamination directly impacts public health. Studies show Malaysians consume an estimated 500mg of microplastics daily—mainly through seafood—which accumulates in the body and poses long-term health risks.
• Dietary Footprint and Climate Change: Malaysia ranks among the highest per-capita consumers of chicken globally and leads Southeast Asia in beef consumption. High meat consumption drives broader climate challenges, public health concerns, and animal welfare issues.

Legislative Progress and the Path Ahead

Malaysia has taken incremental steps to align with international standards, ratifying major climate agreements such as the Kyoto Protocol and the Paris Agreement. Locally, recent legislative updates—including the Environmental Quality (Amendment) Act 2024—have significantly increased penalties for environmental offences.

However, passing laws and signing international treaties is only half the battle. The ultimate challenge lies in internalising the spirit of the law through consistent enforcement, civic responsibility, and active judicial application. Strengthening the Environmental Rule of Law is essential to bridging the gap between legal theory and real-world impact—safeguarding public health, holding polluters accountable, and securing a sustainable future for Malaysia.

Dr Tamara Joan Duraisingam
Senior Lecturer, Centre for Commercial Law & Justice
������Ƶ Business School
@email 

References

1. Tan Teck Seng v Suruhanjaya Perkhidmatan Awam [1996] 1 MLJ 261, CA.

2. Ibid, 288.

3. Gong, Zhen and Liu, ‘Research on the nonlinear dynamic relationship between FDI and CO₂ emissions in the “One Belt, One Road” countries’ Environmental Science Pollution Research (2021) 28 27942-27953.

4. Wani Muthiah, ‘Hidden plastic deep in the ground’ The Sunday Star (Kuala Lumpur, 23 June 2024) 5.

5. Dr Milton Lum, ‘Our Resolution on climate change’ The Sunday Star (Kuala Lumpur, 9 June 2024) 4.

6. Diyana Pfordten, ‘Our alarming plastic diet’ The Star (Kuala Lumpur, 5 June 2024) 6.

7. Mangai Balasegaram, ‘Eating up the Planet’ The Sunday Star (Kuala Lumpur, 8 February 2026) 7.

8. United Nations Environment Programme (UNEP), Environmental Rule of Law: Tracking Progress and Charting Future Directions, (2023) <> accessed 10 February 2026.

9. United Nations Environment Programme (UNEP), Environmental Rule of Law: First Global Report, (Nairobi 2019).

10. Environmental Quality (Amendment) Act 2024.

11. Kuiper and Van den Brink (eds) ‘Fate and Effects of Oil in Marine Ecosystems. Proceedings of the Conference on Oil Pollution Organized Under the Auspices of the International Association on Water Pollution Research and Control (IAWPRC)’ 2012, Germany: Springer Science and Business Media.