Law and governance in golf courses a cross national comparison of environmental frameworks, industry norms and sustainability practices in the philippines, thailand, viet nam and singapore 2

And for the last 20 years, the world has seen a considerable proliferation of golf courses in Asia owing to sustained economic growth in the region.2 Moreover, golf has become the prefe

CHAPTER I INTRODUCTION

1.1 Background of the Research

1.2 Research Scope, Aims and Hypotheses

1.3 Case Selection, Case Studies and Methodology

1.4 Overview of the Conceptual Framework

1.5 Significance of the Research

1.6 Organization of the Dissertation

Abstract

This chapter outlines the background of the research, research questions, brief review of the literature, research scope, aims and hypotheses, significance and limitations of the research, the overview of the conceptual framework and definition of terms, case selection, case studies and analytic methodology, as well as a road map for the rest of the dissertation

1.1 Background of the Research

There are more than 32,000 golf courses worldwide1, with a rate of development increasing annually, along with their adverse impacts on the environment And for the last 20 years, the

world has seen a considerable proliferation of golf courses in Asia owing to sustained economic

growth in the region.2 Moreover, golf has become the preferred sport amongst Asians nowadays and many governments have adopted golf tourism as national policy to spur economic growth.3The Philippines, for instance, boasts of seventy-eight golf clubs compared with just 20 courses from two decades ago.4 Thailand has 2225 courses, Viet Nam is hurriedly catching up with

1 Visit http://www.golf-research-group.com/start.html Accessed on October 16, 2012

2 The proliferation commenced in 1990s and peaked before the 1997 Asian economic downturn started to implode There was a development hiatus for seven years and construction started to pick up again, with China building hundreds of golf courses annually (in 2004, there are 170 courses which grew to 645 in

2011) Read “New Golf Openings”, Golf Research Group (2003) at

http://www.golf-research-group.com/start.html Also visit http://en.wikipedia.org/wiki/Golf_in_China Accessed on May 5, 2013

3 Thailand and Philippines, in many news accounts, have declared a national policy to promote golf

tourism, e.g construction of infrastructures to connect and link golf courses to the national highway and

city centres; grant of fiscal and non-fiscal incentives to golf complexes established in tourism economic zones “Golf Tourism Exploding in Asia”, Golf Asian.com at http://www.golfasian.com/about/golfasian- press-releases/news/golf-tourism-exploding-in-asia/ Accessed on January 23, 2013

4 Visit National Golf Association of the Philippines (NGAP) at http://www.ngaponline.net/History.php Accessed on May 17, 2013 See generally, Golf Guide Philippines, 2010, JTech Publications listing of partially developed or temporarily shelved golf courses for various reasons, e.g lack of funds or legal

problems

5 Visit Thailand Golf Association (TGA) at

http://www.tga.or.th/#suwcontent=contentsuwcntdispcontentpagesuwcntDIV_MAINCONTENTsuwcntC ONTENTTYPE%3Dhistorysuwcnt1368740286848 Accessed on May 17, 2013

twenty-eight6 and Singapore has eighteen golf clubs with twenty-six courses.7 These figures are increasing steadily at an average rate of two new courses being constructed annually.8

Most of these golf courses are considered “traditional” or conventional, because they pursue a particular mode of construction and management, i.e prodigious use of chemicals, water, white

sand or pebbles, and hybrid turf grasses - not only to ensure the playing quality of the surface but also aesthetically to enhance the greens and a substantial portion of the golf course (tees, fairways) Moreover, most courses are built either on pristine or un-spoilt lands, hilly plains and mountainous areas for breathtaking landscapes and challenging games During the construction and landscaping stage, the earth-moving activities generally destroy topsoil, re-direct riverine and wild life habitats, as well as damage ecosystems But mostly, golf courses have converted vast tracts of agricultural lands, particularly paddy fields, which bring trepidations about food security in the region

Significantly, the “traditional” or conventional method of construction and operation of golf courses is causing adverse environmental, health, social and economic impacts Firstly, golf

courses require vast tracks of land for the construction of complexes These lands could either be agricultural, hilly or mountainous areas, reclaimed marine or coastal areas, or mostly state lands

Secondly, golf courses use large quantities of chemicals which are highly toxic and can also

bio-accumulate in organisms9 Chemicals also pose risks to people exposed to them Thus, there is

a need to regulate the use of these chemicals (fertilizers, pesticides, herbicides, fungicides and coagulants) The problem is exacerbated in developing countries, where government policies encourage agro-chemical use as chemicals are seen as production enhancers – similarly, substantial chemical application has become the popular “culture” in turf grass management in golf courses

There are however, “sustainable” golf courses – those courses that break from the norm to

explore and adopt new practices and principles, disproving the notion that golf courses

6 Twenty-eight courses are under construction Data taken from Viet Nam Golf Association (VGA) at http://www.vga.com.vn/?show=intro&ic=1&list=6 Accessed on May 17, 2013

7 Visit Singapore Golf Association (SGA) at

http://www.sga.org.sg/Association/History/tabid/175/Default.aspx Accessed on May 17, 2013

8 The approximation is based on reports culled from the national bodies of golf and news reports

9 Bi-accumulation is a “general term describing a process by which chemicals are taken up by an organism

either directly from exposure to a contaminated medium or by consumption of food containing the

chemical”, United States Environmental Protection Agency (EPA), available at

http://toxics.usgs.gov/definitions/bioaccumulation.html Accessed on March 24, 2011

invariably are destructive.10 “Sustainable” golf courses observe or conform to a combination of legal and regulatory compliance, self-regulation, best management practices, good governance,

transparency and corporate social responsibility, etc These types of golf courses also adopt the principle of ethical and responsible utilization of land, water, chemicals, sand and hybrid turf

grasses The non-traditional or sustainable golf courses meet the aim of balancing the philosophy

of PPP (People, Profit and Planet) that lies at the heart of the sustainable development paradigm

It can be stated that, “tradition and practice” have popularly considered golf course

management or turf maintenance as agriculture.11 This “misplaced” treatment and recognition – both by the government regulators and the regulated golf course industry actually results in dis-order or confusion, particularly in the compliance and enforcement of laws and regulations This is evident in the use and application of chemicals, which is one of the core operations of golf courses Currently, legislation and regulations on chemical application specifically applies

only to agricultural activities and production Theoretically, turf management is not agriculture

Agriculture is defined as “an activity intended for food production”.12 Food production is not the goal or the objective of golf course management 13 rather it is the cultivation of the greens and other golfing surfaces to ensure playing quality It follows that turf management would appear to

be excluded from the coverage of chemical regulation of agricultural activity. This also means that the laws governing the use of chemical pesticides and fertilizers in the context of agricultural activities may not apply to golf courses Presumably, the confusion was due to the fact that turf grass management is a branch of a broad and multi-disciplinary science of agriculture, which encompasses soil science and fertility, pest control, ornamental horticulture,

landscape design and environmental science, etc Moreover, golf course superintendents have

10 The TAT Filipinas Golf Club, Philippines, received the Inaugural “Custodian of the Environment Award” for sustainable golf practices and management Underwritten by the government of the Royal Sultanate of Brunei, the prize was awarded last December 11, 2012, in Brunei Darussalam The

International Sustainability Council, Asia-Pacific Golf Conferences and the Audubon Lifestyles also

support the inaugural award Visit the Ministry of Industry and Primary Resources website of Brunei

Darussalam at pacific-golf-summit-dinner-and-award-presentation-for-the-inaugural-custodian-of-the-enviromment- award&catid=79:news-highlights and http://www.theborneopost.com/2012/12/12/call-to-make-golf- courses-environmentally-sustainable/ Accessed on January 23, 2013

http://www.bruneimipr.gov.bn/index.php?option=com_content&view=article&id=555:asia-11 See, Scott R Templeton, David Zilberman and Mark S Henry, Golf Courses in California As Modern

Agricultural Enterprises, available at http://agecon.ucdavis.edu/extension/update/articles/v13n3_3.pdf

Accessed on March 11, 2011

12 Britannica Concise Encyclopedia 2007 Edition defines agriculture (n.) as the science, art, and business

of cultivating soil, producing crops, and raising livestock; farming

13 Turf grass management pertains to the science and study of grasses See generally,

http://cropsoil.psu.edu/turf/outreach Accessed on November 3, 2010

traditionally “treated” or considered turf management as agriculture owing to adhered

conventional practices and orientation

As habitat for wild plants, aquatic animals and other organisms, golf courses have a considerable impact on biodiversity However, existing laws focus on habitat protection, nature and wildlife conservation, as well as regulation of the trade in endangered species There are also golf courses, which are constructed or developed in natural, coastal, marine or protected areas, which can destroy intertidal flats, reefs and corrals, but existing laws have not incorporated the regulation of golf courses on reclaimed lands The environmental cost arising from golf course development on reclaimed coastal areas have not been considered although these maybe determined through a Cost-Benefit Analysis (CBA) The adverse impacts, associated by dredging and landfill operations on land and water resources of coastal reclamation should also

be considered, as there are environmental trade-offs

Golf courses also consume significant amounts of water to keep them green and of excellent playing quality The United Nations Environmental Programme (UNEP) estimates that golf courses worldwide consume some 2.5 billion gallons of water a day.14 In a world where water is getting more scarce as a result of climate change, urbanization, industrialization, population growth and inefficiencies, there is a need for better regulation of water consumption by golf courses Water forgolf courses come from various sources: from rainfall, from the ground, from

rivers, from water re-use, etc The amount of water that golf courses consume – in competition

with other uses – raises an issue on the pricing of water that golf courses must pay This implies

a need for special regulation on water consumption by golf courses that would otherwise not be normally covered by regulations on water consumption by domestic and industrial sectors

Other critical issues discussed in this dissertation include hybrid turf grass use15, which involves

“genetic selection and recombination resulting in the introduction of new and improved

14 Water Facts, Water Information Program, available at http://www.waterinfo.org/resources/water-facts Accessed on June 24, 2012 Sources, Water Usage: Chris Reuther, Know Your Environment, Academy of Natural Sciences, 1999; National Golf Foundation; State of the World 2004; Pesticides: “EcoMall: A

Greener Golf Course, 2004”

15 When golf courses grow hybrid turf grasses, conventional maintenance practices require huge watering demand and massive chemical usage, etc Read generally, James B Beard, Turf Management for Golf

Courses, United States Golf Association (USGA), Macmillan Press, 1982

cultivars”.16 Genetic modifications naturally increase chemical requirements owing to the special characteristics of the species, which may vary from temperate to tropical zones The possibility

of “trans-gene release or escape into the wild from transgenic plants may result in ecological disaster.17 There are also instances when historical and archeological sites are disturbed, damaged or destroyed to make way for golf course development, particularly the case of Eastridge Golf Course in the Philippines, one of the case studies in this dissertation In

developing countries golf per se is linked with socio-cultural issues e.g corruption, displacement

of farm-workers, land use conversion18, “land grabs”19and prostitution20

A Sustainable Development

There is concern that the proliferation of traditionally managed golf courses represents the type

of economic growth, which conflicts with sustainable development The Brundtland Report (1987) in “Our Common Future” first coined the notion of Sustainable Development as

“development that meets the needs of the present without compromising the ability of future generations to meet their own needs” Seminal works have been written about the definition and

meaning of sustainable development, including debates and contestations Saunders (1990) 21 , Pearce (1993) 22 , Beckerman (1994) 23 , Daly (1995) 24 , Alder and Wilkinson (1999) 25 , Jacobs

16 Craig W Edminster, Future of Turfgrass Breeding Techniques, Cebeco International Seeds, Australia

Available at http://www.intlseed.com/documents/info_future_of_turfgrass_breeding.htm Accessed on

May 30, 2011

17 See Luo, H., Development of Environmentally Safe Transgenic Turf Grass with Improved Traits, Clemson University, United States Department of Agriculture Visit

http://www.reeis.usda.gov/web/crisprojectpages/208011.html Accessed on May 30, 2011

18 In the Philippines, Executive Order 292, Series 1987, Book IV, Title XI stipulates that the Department

of Agrarian Reform (DAR) is authorized to approve or disapprove conversion of agricultural lands to agricultural uses, such as industrial and commercial conversions under Republic Act No 6657, the Comprehensive Agrarian Reform Law

non-19 Land Grabbing: The Global Search for Food Security in Southeast Asia (2010), NTS-Asia (Consortium

of Non-Traditional Security Studies), Issue 1, May 2010 “Land grab” refers to the farmland acquired by

government-backed foreign investors to secure food security A 2009 Report by the Food and Agriculture

Organization (FAO), International Fund for Agricultural Development (IFAD) and the International Institute for Environment and Development (IIED) suggest that, “food security concerns and strategic investment opportunities are the key drivers of farmland acquisition”

20 Current practices in most Asian countries involve the hiring of young women (ages between 16-20) as caddies and umbrella girls However, the social impact of prostitution in golf courses will not be examined

in this dissertation

21 Saunders, John Owen, ed.,“The Legal Challenge of Sustainable Development: Essays from the Fourth

Institute Conference on Natural Resources Law”, Canadian Institute of Resources Law, 1990

22 See Pearce, David (ed), Blueprint 3: Measuring Sustainable Development, London, Earthscan, 199 and Pearce, David, Economic Values and Natural World, London, Earthscan

23 See Beckerman, Wilfred, A Poverty of Reason: Sustainable Development and Economic Growth, Oakland California, Independent Institute, 2003; Beckerman, Wilfred, Sustainable Development: Is it a

Useful Concept, in Growth, the Environment, and the Distribution of Incomes, Essays by a Skeptical

Optimist, Aldershot, UK, E Elgar, 1995

(1999) 26 etc

Nonetheless, it was not until after the conclusion of the United Nations Conference on Environment and Development (UNCED) at Rio de Janeiro, Brazil in 1992 that the word

sustainable development has attracted the attention of legal scholars, particularly, to explore the

question of how the law can further the objectives of sustainable development, for instance,

Campbell-Mohn et al., (eds 1993) 27 , Boers et al., (eds 1996) 28 and Robinson (1998) 29 Other

scholars have proposed principles, concepts and prospects for a legal sub-field called Sustainable

Development Law, e.g Segger and Khalfan (2004) 30 , Schrijver and Weiss (2004) 31 , and French (2005) 32

This dissertation primarily explores the question of how the law, coupled with good governance

and management can promote sustainable developmentby using a cross-national comparative study involving golf courses in the Philippines, Thailand, Viet Nam and Singapore - a subject that has not received adequate attention from legal scholars studying sustainable development or environmental law

B Law and Governance

It is vitally important to discuss the aspects of law and governance in general, and in particular,

the rule of law, including the institutional and internal governance in the golf course industry

Black’s Law Dictionary (2010) defines rule of law as the "supremacy of regular power as

24Daly, Herman E., On Wilfred Beckerman’s critique of Sustainable Development, Journal of

Environmental Law, Volume 7 (1995), Oxford University Press, p 49

25 Alder, John & Wilkinson, David, Environmental Law and Ethics, Macmillan Law Master, 1999, UK

26 Jacobs, Michael, Sustainable Development as a Contested Concept, see in Fairness and Futurity, Essays

on Environmental Sustainability and Social Justice, Edited by Andrew Dobson, 1999, Oxford University Press, Part 1, at page 1

27 See Campbell-Mohn, Celia, et al., eds., Environmental Law from Resources to Recovery, St Paul, MN: West, Environmental Law Institute, 1993 and Campbell-Mohn, Celia, et al., eds Sustainable

Environmental Law: Integrating Natural Resource and Pollution Abatement Law from Resources to Recovery St Paul, MN: West; Environmental Law Institute, 1993

28 Boer, B., "Sustainability law for the new millennium and the role of environmental legal education",

Water Air and Soil Pollution, Vol 123, No 1-4 (2000): 447-465

29 Robinson, Nicholas A., "Comparative Environmental Law Perspectives on Legal Regimes for

Sustainable Development" (1998) Pace Law Faculty Publications Paper 377 Available at

http://digitalcommons.pace.edu/lawfaculty/377

30 Segger, Marie Claire Cordonier and Khalfan, Ashfaq, Sustainable Development Law, Principles,

Practicesand Prospects, 2004, Oxford University Press

31 Schrijver, Nico and Weiss, Friedl, “International Law and Sustainable Development: Principles and

Practice”, Martinus Nidhoff Publishers, 2004

32 French, Duncan, International Law and Policy of Sustainable Development, (Manchester: Manchester

University Press, 2005

opposed to arbitrary power." It has been considered as one of the key dimensions that determine the quality and good governance of a country33 The Rule of Law cannot exist without a

transparent legal system, the main components of which are a clear set of laws that are freely and easily accessible to all, strong enforcement structures, and an independent judiciary to protect citizens against the arbitrary use of power by the state, individuals or any other organization.34 Former Singapore Chief Justice Chan SK shares that the Rule of Law “means an

independent judiciary, one that is independent of government and not dependent on it or subservient to it” 35

The United Nations (UN) promotes the rule of law at the national and international levels,36 and refers to a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards37 In this dissertation, relevant laws and regulations are evaluated and reviewed comprehensively under Chapter III, Part II, which have direct and indirect impact on the development and operation of golf courses in the four subject countries

Meanwhile, the word “governance” has not been clearly defined and remains contested owing to lack of clarity over its definition Kooiman (1993) however elucidates that in governance, “no

single actor, public or private, has all the knowledge and information required to solve complex, dynamic and diversified problems; no actor has sufficient overview to make the application of

33 Kaufman, Daniel et al “Governance Matters VI: Governance Indicators for 1996-2006 World Bank

Policy Research Working paper No 4280 (July 2007) Available at

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=999979, accessed on May 17, 2013

34 Visit http://www.lexisnexis.com/en-us/about-us/rule-of-law.page Accessed on April 12, 2013

35 “The Courts and the “Rule of Law” in Singapore” Speech given by Former Chief Justice SK Chan before the International Bar Association (2012), Singapore Journal of Legal Studies, p 209, December

2012 Also available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2242727 Accessed on May

28, 2013 CJ Chan mentioned that, “an independent Judiciary is absolutely essential to the ‘rule of law’,

and vice versa” He also cited See Li-ann Thio, “Rule of Law within a Non-Liberal ‘Communitarian’ Democracy: The Singapore Experience” in Randall Peerenboom, ed., Asian Discourses of Rule of Law:

Theories and Implementation of Rule of Law in Twelve Asian Countries, France and the US (London:

RoutledgeCurzon, 2004)

36 The UN Reports states that, “establishing respect for the rule of law is fundamental to achieving a durable peace in the aftermath of conflict, to the effective protection of human rights, and to sustained economic progress and development The principle that everyone – from the individual right up to the State itself – is accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, is a fundamental concept which drives much of the United Nations work The principle of the rule of law embedded in the Charter of the United Nations encompasses elements relevant to the conduct

of State-to-State relations Read (S/2004/616) Report of the Secretary-General on the Rule of Law and

Transitional Justice in Conflict and Post-Conflict Societies Accessed April 12, 2013

37 Id

particular instruments effective; and no single actor has sufficient action potential to dominate unilaterally in a particular governing model.38 On the other hand, environmental governance according to Seymour and Faraday (2001) is “used as authority and capacity exercised by

governmental and non-governmental actors in the management of the natural environment”

Seymour, et.al, also mentions that the term “refers not only to the institutional framework of the

environmental sector, but also to the actors and the powers they exercise over the use of natural

resources” Thus, Seymour, et al, believe that “environmental governance includes broader

governance issues like representation, legal recourse, civic activities, and protection of human rights that provide the context for society’s management of its natural environment”.39

This dissertation proposes three (3) different aspects of governance, namely, (1) institutional governance,40 (2) governance in golf courses (industry norms), and (3) NGO or civil society participative governance Thus, governance in golf courses may be classified (a) within the national and international golf associations and federations, and (b) within the golf club itself In this thesis, the phrase “environmental governance” covers the application of law, best practices, transparency, accountability and social responsibility It also includes the policy and norms of

the golf course industry, which involves the interaction, collaboration and interplay of

government, private individuals and civil society to achieve environmental protection in golf courses

C Gap in Legal and Academic Literature

Despite the proliferation of golf courses in Asia, very little is known in the literature about law and governance in golf courses Are golf courses coherently, effectively and adequately

regulated or governed under existing national laws? Is there a common trend, in substance and

procedure, across legal traditions in the subject countries? Are there industry norms, which have been adopted by the golf course industry? What are “traditional” or conventional golf courses? What are sustainable golf courses? What is the difference between “traditional” or sustainable

38 Kooiman, J., “Social-Political Governance: Introduction”, In Modern Governance New Government –

Society Interactions, edited by J Kooiman London Sage, 1993a

39 Seymour Frances and Faraday, George, “Emerging Environmental Governance”, The Asian

Environment Outlook, Philippines: Asian Development Bank, 2001

40 In this dissertation, institutional governance refers to the system of administration, supervision and control exercised by state administrative agencies over the development activities of golf courses The notion of an institution embodies several elements: formal and informal rules of behaviour, ways and means of enforcing these rules, procedures for mediation of conflicts, sanctions in the case of breach of

rules, etc Read http://www.wto.org/english/res_e/booksp_e/anrep_e/wtr04_2d_e.pdf Accessed on May

5, 2013

courses? Are there laws and regulations, which promote sustainable golf courses? This dissertation hopes to explore these questions

For these reasons, law and governance in golf courses require a more coherent approach than is currently done in most countries In most developing countries, golf course regulations, e.g EIA

requirements, biodiversity protection, nature conservation, land, water and chemical use

controls, etc are not strictly enforced because of jurisdictional overlaps and lack of clarity in the

separation of powers and duties among the different administrative agencies Enforcement would have to be carried out by numerous government agencies – agriculture, water,

environment, local and national governments, etc thereby rendering these regulations less than

effective This multi-sectoral approach of governance results in jurisdiction overlaps, conflict and turf wars There are also problems stemming from the lack of institutional capacity due to budgetary constraints This paper explores these issues and asks how the law and good governance can help promote sustainable development, and consequently, the construction and management of sustainable golf courses

This dissertation also asserts that self-regulation is possible in the golf industry and provides documentation of an example of a sustainable golf course It argues that for golf courses to be sustainable and become an industry norm, the following conditions are necessary: self-regulation, benchmarking, public pressure, market demand, incentives and disincentives

(“carrots and sticks”) from regulators and reliable verification and enforcement mechanisms

Civil society and NGO participation is likewise important, in order to check and balance regulatory enforcements and implementations41

1.2 Research Scope, Aims and Hypotheses

This dissertation proposes to answer the question of how the law and good governance can

further the objectives of sustainable development in the context of golf courses More specifically, this thesis aims to fill the gaps in the legal literature about golf courses To achieve

this aim, this dissertation primarily, proposes and tests a framework to cross-nationally evaluate and compare the laws and governance, from across and within the four countries The analytical

framework - discussed in the next section - compares the coherence, adequacy and

41 Several NGOs and environmental advocacy groups promote sustainability and best practices in golf courses, among them, Golf Environment Organization (GEO), International Golf and Life Foundation

(IGolf), Audubon Society, among others Nonetheless, there are many aspects of sustainability, which the

case studies in this thesis will discuss

responsiveness of both law and governance, particularly those related to the planning,

construction and operation of golf courses The framework then is applied to the study of laws and governance in golf courses in Southeast Asia particularly in the Philippines, Thailand, Viet Nam and Singapore The rationales for selecting these countries are explained in the methodology section

Using the framework of analysis, this dissertation qualitatively tests for the following

hypotheses:

Hypothesis 1: Law and governance in golf courses tend to be incoherent, ineffective and

inadequate This is because both law and governance have evolved in traditional, fragmented,

compartmentalized and reactive or ad hoc manner Examples can be drawn from the following, (1) The regulation of water quality - water laws generally focus on the quality of drinking water and therefore seek to control pollution and contamination of the water supply, by prescribing effluent standards Not many jurisdictions have considered the regulation of groundwater extraction and the installation of flow meters; (2) The regulation of the use of fertilizers, pesticides, fungicides and other chemicals - these are derived from agriculture-related regulations, so it is unclear if the use of chemical in golf courses is regulated; (3) Most of land use regulations are intended for urban planning purposes and do not adequately take into account the concerns of agriculture and the need for food security Thus, many agricultural lands, particularly paddy fields are converted for commercial or residential uses

In short, because these regulations evolved and were designed for purposes other than to regulate golf courses, they have become incoherent, unresponsive and inadequate for purposes of

regulating its adverse environmental impacts This thesis argues that a coherent and effective legal framework and governance is necessary to reduce the adverse environmental impacts of

golf courses and to encourage the construction and development of sustainable golf courses

The second hypothesis to be tested explores the idea that self-regulation by golf owners and

operators is desirable and feasible under certain conditions Because the enforcement of regulation tends to be costly and imperfect, and technology for golf construction and operation is dynamic (evolving) it makes sense for environmental policy to promote self-regulation There is

in fact a growing literature on industry self-regulation According to a study by Toffel (2010)42,

“industry self regulation is concerned with issues such as how are the rules designed, who adopts them, whether and how compliance is monitored, and whether these rules actually achieve what

they purport to achieve” Toffel writes that, “Most studies that have examined industry-initiated

programs have found that at the time of adoption, participants are no better than others and little

evidence suggests that adopting such programs leads participants to improve faster.” Toffel concludes that, “third-party verification becomes increasingly important”

In the literature, there are no similar studies assessing whether or not self-regulation is possible

in the golf industry This dissertation would therefore be the first such study Thus, Hypothesis

2: Self-regulation by golf courses, in terms of adopting sustainable practices, is feasible under

certain conditions This is because a sustainable model of golf courses presents golf owners and operators a competitive or niche advantage in the industry especially for environmentally conscious players A sustainable model also technically and financially makes sense for golf operators; it lessens their reputational risks in addition to helping them comply with environmental regulations However, for sustainable golf courses to become an industry norm, it

is argued that a combination of self-regulation, benchmarking, public pressure, market demand, incentives and disincentives (“carrots and sticks”) from regulators and reliable verification and enforcement mechanisms would be needed. 43

The second aim of the dissertation is to critically assess whether the principles, concepts or

philosophies embedded in Multi-lateral Environmental Agreements (MEAs), international and regional hard and soft law instruments, actually guide, inform, enhance and promote national or

domestic environmental protection and management in golf courses The comparative

42 Toffel, Michael W., “Making Self-Regulation more than merely symbolic: the critical role of the legal

environment”, Administrative Science Quarterly, September 2010, Vol 55, No 3, pp 361-396 Visit at

http://asq.sagepub.com/content/55/3/361.short Accessed on January 23, 2013

43 Many professions adopt self-regulation in order to maintain professional reputation, education and ethical standards Read, Glossary of Industrial Organisation Economics and Competition Law, compiled

by R S Khemani and D M Shapiro, commissioned by the Directorate for Financial, Fiscal and

Enterprise Affairs, OECD, 1993 Meanwhile, benchmarking is defined as the measurement of the quality

of an organization’s policies, products, programs, strategies, etc and their comparison with standard measurements, or similar measurements of its peers Market demand is the aggregate of the demands of all

potential customers (market participants) for a specific product over a specific period in a specific market

See generally, Paul A Samuelson and William D Nordhaus, Economics, McGraw Hill International

Edition, 19th Edition, 2011, at page 48 Carrot and stick refers to giving reward and punishment to elicit

cooperation among parties

environmental law literature, for instance, Robinson (1998)44 hypothesizes that there should be a

“common trend, in substance and procedure, across legal traditions because it is influenced by

four phenomena that are common to all legal jurisdictions” First, “natural systems function in

much the same ways wherever they are studied regardless of their legal, political or social

contexts” Second, “many of the externalities that endanger public health or degrade natural systems, such as urban smog or acid rain, result from the same technological systems” Third,

the “complexity of the modem state has given rise to an administrative system that shares a great

deal in common i.e similarities in procedures for permits, financial incentives, norms and

standards, monitoring and baseline data analysis, environmental impact assessment, and compliance and enforcement are used by these administrators in their jurisdictions”,

consequently administrative procedures tend to be similar among legal jurisdictions Fourth, the

advent of globalization, the development of the Internet, global trade and travel, “enables different jurisdictions to learn from environmental laws and regulations of other countries” This should facilitate the process of learning, adoption and adaptation and therefore we should expect

to see substantively similar legal procedures across jurisdictions

The implication of all these is that we should expect to see a common trend, in substance and

procedure, in environmental law across legal traditions Thus, in this dissertation, I test the third

hypothesis Hypothesis 3: MEAs and soft and hard law instruments, to a certain extent, guide,

inform, enhance and promote domestic law and governance The ability of countries to adopt or

transplant best practices, the adoption of laws relating to environmental impact assessments (EIA), biodiversity protection, water pollution control and supply, the preservation of ecological and cultural/archeological sites however, depend on several factors, such as the country’s economic status, as well as its financial, legal and administrative capacity It is hypothesized that developed economies with stronger financial, administrative and legal capacities are more likely

to adopt sustainable and best management practices Conversely, less developed economies with weaker financial, administrative and legal capacities are likely to have less of these

It can be argued that inadequate institutional capacity, as well as lack of knowledge and awareness about the environmental impact of golf courses contributes to the resistance or opposition to adopt sustainable practices This thesis also notes that most landscapists and golf course architects who work in Asia came from the developed countries of U.S.A and Europe

44 Supra, note 29

These same experts have also pursued the massive use of hybrid turf grasses, which are dependent on huge water and chemical usage Succeeding chapters of this thesis will show that the best golf courses in Asia reveal ‘unsustainable practices”, which were promoted through intricate and impractical designs and landscaping by world-class golf course architects and landscapists.45

This thesis also looks into the role of golf tourism46, which drives competition and rivalry to build the best, the largest and the most expensive golf courses in the region In golf tourism governments usually adopt a national policy of financially supporting public infrastructure

development, e.g creation of tourism zones and complexes, construction of airports, bridges and

road networks Investment opportunities and incentives (fiscal and non-fiscal), subsidies and tax rebates are likewise proffered to entice foreign direct investments (FDIs) in capital-intensive golf course development In many instances, government agencies are tapped to support, finance and operate golf courses Thus, this thesis also evaluates whether regulatory mechanisms are in place to pursue and promote golf tourism

1.3 Case Selection, Case Studies and Methodology

A General Approach to Research

This dissertation follows the approach proposed by comparative environmental law expert Robinson (1998), who suggested that the sub-field of comparative environmental law involves asking the following research questions: First, which jurisdictions can be compared? Second,

what are the elements of a comprehensive environmental law regime to identify and compare?

Third, how can environmental laws be harmonized and integrated among states in order to give better effect to their objectives? Finally, how can one locate and verify environmental laws of

45 In several discussions during golf conferences, a handful of world-famous architects and landscapists argued that they are merely executing the desires and requirements of the owners and developers of golf courses There is also an implied desire to build the best, the most challenging and the longest courses in

the world Some of the designs feed the egos of the golf owners and the golf architects Read,

“Contemporary Golf Course Architecture: Saga or Satire, Frank Hannigan, Former Senior Executive Director, United States Golf Association, first published in the Green Section RECORD, March/April

1989 Available at

http://www.usga.org/course_care/articles/construction/general/Contemporary-Golf-Course-Architecture -Saga-or-Satire-/ Accessed on May 28, 2013

46 Golf Tourism is the term used to describe trips undertaken by persons for which the main purpose is to play golf This type of activity is difficult to measure The global golf tourism market is worth over $17

billion, according to the International Association of Golfing Tour Operators (IAGTO) Available at

http://www.iagto.com/ The IAGTO was established in 1997 with membership comprising 2050

accredited golf tour operators, golf resorts, hotels, golf courses, receptive operators, airlines, tourist boards, approved media and business partners in 90 countries including, at its core, 484 specialist golf tour operators in 61 countries

different states? This dissertation therefore advances the literature on comparative environmental

law using Robinson’s approach This thesis also follows the environmental governance framework of analysis designed by Francesch-Huidobro (2008)

B General Approach to Analyses

This thesis adopts the empirical, comparative and evaluative method of analyses in order to

identify, review and compare both law and governance in the four subject countries This thesis

also explores the development of national laws based on the application of MEAs and regional

treaties and conventions No legal scholarship exists in relation to law and governance frameworks involving golf courses Neither has any cross-national comparative study been conducted on the topic This research relates to an under-developed legal field There is also a dearth of judicial guidance on the subject

For empirical research, this paper conducted data collection, field research, personal interviews,

observation, evaluation, and extensive library research, ocular/visual inspection of golf courses

Comparisons of the national frameworks and norms have also been conducted This paper evaluates the practices, constraints, key issues, problems and concerns encountered by the administrative institutions in order to determine implementation, i.e submission to EIA process, payment of taxes, procurement of necessary clearances, licenses or permits, etc This paper also

evaluates and compares the norms of the industry and general practices in golf courses, NGO and civil society participation Finally, this paper identifies the areas or aspects of law, regulation or policy to be addressed This paper then recommends improvements, amendments or revisions where existing laws are found to be inadequate or insufficient

C Field Work, Personal Interviews and Secondary Data

This dissertation collected and evaluated voluminous legal texts, in English, Thai and Vietnamese language by visiting government websites, libraries and offices The researcher travelled to Viet Nam (Ho Chi Minh, Long An Province, Phan Thiet, Dalat, Tam Dao, Chi Linh and Halong Bay) and Thailand (Bangkok, Chacheongsao, Khet Kannayao, Samutprakarn)) for a total of seven weeks to interview government officials, golf managers, chemical suppliers and golf operators Translators are hired and official English websites are checked but the lack of English translations has been a constraint Lengthy and repeated interviews with government officials and policy-makers are conducted in order to verify information and to validate data

Anecdotal evidence and data shared by several interviewees are treated with caution due to the sensitive nature of disclosures, especially on the chemical rate of application and water usage Comparable data has been obtained from other sources to validate them The researcher has more than twelve years work experience operating two golf courses in the Philippines thus data

collected from resource persons can be validated All primary data were collected through

personal interviews, which have durations of 1 hour to 2 hours, which included an ocular

inspection or a tour of the golf course Before the start of the interview, a copy of the NUS Code and Procedures on Research Integrity (For Academic and Research Staff), Version RI-1

(October 18, 2006) has been furnished to the interviewees, to ensure that the interview will be

conducted in academic manner The interviewees were asked to provide their views and

opinions about the development and operation of golf courses They were also asked about the general trends, best practices and sustainability campaigns that have become popular in developed countries

The purpose of the data collection is to obtain a clearer perspective about golf course operation and maintenance practices from all four countries, as well as the rules and regulations they honestly believe applies to regulate their activities Thus, apart from examining the laws, constitutions, legal cases, enforcement reports, journal articles and other publications, this dissertation also interviewed various personnel from various government agencies as well as from the golf industry in the different countries Industry norms are identified from empirical

research conducted by this paper

D Choice of Jurisdictions for Comparison

This dissertation compares the laws and governance in golf courses in the Philippines: Thailand, Viet Nam and Singapore A brief background of the subject countries, are included, with summary of the state of the environment in golf courses

47 The total land area is of the Philippines is 300,000 sq km Visit

http://www.neda.gov.ph/econreports_dbs.asp For agricultural updates, visit the Department of Agriculture

(DA) at http://www.bas.gov.ph/?ids=agriperformance Accessed on May 17, 2013

48 Id

Environmental problems include critical water shortages in the National Capital Region (NCR) and Metropolitan Cebu49, uncontrolled deforestation in watershed areas, soil erosion, and air and

water pollution in major urban centers Around twenty typhoons hit the country annually while

rainfall varies widely in amount (1,000–4,000 millimeters) and distribution.50

Seventy-eight golf clubs with courses of varying sizes and number of holes operate in the Philippines, a number of which were constructed and developed during the unprecedented golf growth in the 1990s.51 An additional sixty-four complexes are unfinished or not operating owing

to financial constraints brought about by the 1997 Asian economic meltdown The Philippines is engaged in golf tourism, by playing host to Japanese and Chinese expatriates working in industrial parks or economic zones A sizable number of Korean tourists also dominate the golfing scene while Filipino players account for approximately more than a hundred thousand52, buying proprietary and non-proprietary club memberships Golf clubs are mostly exclusive and private but the rest consents to an “open door policy” where non-members are allowed to play, provided members accompany them Hotels and cottages are integrated with casinos and resorts.53 There are also golf courses established by the Armed Forces (Navy, Army and Air Force Units) inside military camps.54 Military pension funds managed by the Armed Forces Retirement and Separation Benefit System (RSBS) have been invested in golf courses.55

Officially, there is no declared national policy on golf course development in the Philippines yet tourism development is one of the top priority programs of the government The Philippines has

49 National Capital Region (NCR) comprises the fifteen cities of Metro Manila and the lone municipality

of Pateros It also includes the suburbs in adjacent provinces of Cavite, Laguna, Rizal and Bulacan with an estimated total population of 20 Million as of August 2010 Cebu is a metropolitan city with an estimated population of 2.4 Million in 2010 National population is at 92,337.852 Million as of 2010, data is

available at http://www.popcom.gov.ph/ and http://www.census.gov.ph/ Accessed on May 17, 2013

50 Philippine Environment Monitor, 2003, Asian Development Bank Report

51 List of golf courses in the Philippines with locational plotting is attached as Map 1

52 These are rough estimates based on the annual rounds of play and club membership culled from unofficial records of golf clubs and the National Golf Association of the Philippines (NGAP)

53 Manila Southwoods Golf Club, Eastridge Golf Club and The Cliffs Golf & Beach Club have these

54 The golf courses include Fort Bonifacio Golf Club, Camp Aguinaldo Golf Club, Veterans Hospital Golf Club, Villamor Airbase Golf Club, and theArmy and Navy Golf Club During the American occupation (1898-1946), three golf courses were built by the US military command inside the bases namely Camp John Hay Golf Club in Baguio City, Subic Golf Course in Olongapo, Zambales and the Clark Airbase Golf Course in Angeles, Pampanga

55 The AFP-RSBS Pension Fund invested at Eastridge Golf Club – PHP 877.5 M (USD 21,227.400); (SGD 26,518.3); at Riviera Golf Club – PHP 341 M (USD 8,249,050) (SGD 10,305,100); at Presidio Royale Golf Club – PHP 450.3 M (USD 1,089,310) (SGD 1,360,820) and at Orchard Golf Club – PHP

297 M (USD 7,184,660) (SGD 8,975,430) At foreign exchange rate of USD1 = PHP41.114 and SGD 1 =

PHP32.900 as of May 17, 2013 as of May 17, 2013 Also Read the Senate Committee Final Report No

51, Inquiry in Aid of Legislation, Resolution No 160: Inquiry into the alleged mismanagement of the funds and investment portfolio of the AFP-RSBS

been chosen for this comparative study precisely owing to its groundbreaking involvement in golf tourism, as well as its pioneering adoption and codification of relevant environmental policies and legislation involving golf courses Moreover, the government agency in-charge of licensing golf courses continues to accept EIA applications and issue new Environmental Compliance Certificates (ECCs) despite dwindling annual rounds of golf and the non-operation

of at least sixty-four golf courses in the country

2 Thailand

Thailand has a total land area of 514,000 square kilometers and a population of 67.448 Million.56Its economy is largely dependent on agriculture, industry and services, including tourism Thailand has huge water resources with major rivers, khlongs or canals passing through the central plains with an estimated surface water resource of 198.8 cubic kilometers per year (km3/year)57 yet cyclically Bangkok has too much and too little water.58 Peasantry was the foundation of the society and economy.59 When land reform was imposed in 197560 much of the problems confronting the agricultural sector are drawn from high tenancy rates and landlessness

in the Central plains.61 The Thai government allocated 10.1 Million rais (1,616,000 ha) (3,993,000 acres)62 of public land and 0.5 Million rais (80,000 ha) (197,684 acres) of private land to implement agrarian reform However, land distribution was insufficient and the government had to include 4 Million rais (64,000 ha) (158,147 acres) of deteriorated forests

56 See generally Thailand National Statistical Office Visit http://web.nso.go.th/ and,

https://www.cia.gov/library/publications/the-world-factbook/geos/th.html Accessed on May 17, 2013

57 Thailand has seven river basins and twenty-five sub-basins Major rivers include the Chao Phraya, Tha Chin, Mae Klong and their tributaries Chao Phraya runs through Bangkok and the basin covers 30% of

Thailand’s land area Visit

http://flood.dpri.kyoto-u.ac.jp/ihp_rsc/riverCatalogue/Vol_05/10_Thailand-10.pdf Accessed on May 21, 2013

58 Annual rainfall is 800 trillion m3 yet there is water shortage problem in the Eastern Seaboard where

most industrial estates are located Visit CLIMATE.html Accessed May 21, 2013

http://www.nationsencyclopedia.com/Asia-and-Oceania/Thailand-59 Pasuk Phongpaichit and Chris Baker, Thailand, Economy and Politics, Second Edition, 2002 Oxford

University Press, at page 3

60 B.E 2518, Agricultural Land Reform Act (1975), s.4 defines land reform as the “redistribution of land for farming and residential uses by allocating state land or, land purchased or expropriated from

landowners who do not themselves cultivate or who own land in excess of what is stipulated by law”

61 Read Suthipon Chirapanda, The Thai Land Reform Program, Bangkok, 1998 Visit

http://www.seameo.org/vl/landreform/frame.htm Accessed on August 23, 2008

62 Land in Thailand is measured in Rai, Ngan and Wah Land prices are usually expressed in Baht/Rai or Baht/Wah (for smaller plots) Metric measurements are normally used in construction and measurement of

buildings 1 sq Wah = 4 m!; 1 Ngan = 100 Wah (or 400 m!.); 1 Rai = 4 Ngan (or 1600 m!); 1 Acre = 2.5 Rai (approx.) or 43,560 sq.ft; 1 Ha = 6.25 Rai or 10,000 m!

land.63 Land suitable for paddy has already been put to use and forests land has been cultivated for agriculture.64 Generally, land use conversion is being allowed as a policy of the government

Environmental issues include air and water pollution, hazardous waste and declining wildlife population Agriculture spurred the economic and tourism development in mid-1980s and as a result many Japanese companies requiring high labor input to lower-wage economies relocated and established Export Processing Zones in Thailand Very few golf courses existed then – they were either operated by the Thai military or just plain and basic course layouts for private courses.65 Nevertheless, the robust financial market in the 1990s propelled the country to massively build more than 220 courses with residential component Two more courses are built annually It can be claimed that foreign investors who came to invest in Thailand’s economic and industrial zones66 fueled the proliferation of golfing complexes With a growing tourism industry Thailand invested heavily in public infrastructures, such as road networks, bridges and airports Thailand’s dependence on tourism contributed to 17% of its foreign currency earnings.67 The Tourism Authority of Thailand (TAT)68 was created primarily to promote tourism development TAT is very supportive of the tourism industry, and golf plays a considerable role in bringing tourism into the country There is no national policy for golf course development albeit new complexes are built annually Thailand is included in this cross-national comparative study precisely owing to its dominance in golf tourism in the region

3 Viet Nam

The Viet Nam war lasted more than three decades (1945-1975), eventually resulting in severe environmental destruction due mostly from gun battles, shelling and chemicals sprayed onto millions of hectares of forest and agricultural lands.69 In 1986, the People’s Party Congress

63 Id

64 Noel Rajesh, Thailand Country Report on Pollution, 10-40 (1995)

65 Read The History of Golf in Thailand Available at

http://www.thailand.com/travel/golf/historyofthai.htm Accessed on May 29, 2010 The locational map of

Thailand with plotting of golf courses is attached as Map 2

66 A 2006 survey conducted by the Japan External Trade Organization (JETRO) shows that Thailand was the “most optimal location for establishing a production/sales base in the coming 5-10 years.” Published in the website of the Royal Thai Embassy in Moscow, at

http://en.thaiembassymoscow.com/info/?section=s2 Accessed on May 21, 2013

67 Sunee Mallikamarl and Isono Yayoi, The State of Environment in Asia, 1999/2000, Chapter 3, “The

Kingdom of Thailand”, Japan Environmental Council, Editor, Springer ISEAS, at page 68

68 B.E 2522, The Tourism Authority of Thailand (TAT) (1979) is a statutory body

69 “Vietnam: war and the Environment”, The Green Left, (1993), available at

http://www.greenleft.org.au/node/6044 Accessed on May 21, 2013

introduced the policy of doi moi (renovation)70 and the change ushered in massive foreign direct investments.71 Today, Viet Nam is an agriculture-based economy yet its noticeable race to build more golfing complexes has generated national unease brought about by land use conversion of mostly agricultural lands, specifically, paddy fields There are twenty-eight golf courses currently operating, and around one hundred twenty-three golf licenses were issued for various golf projects.72 The game of golf is relatively new in the country but novelty has not prevented the unprecedented construction and development of mostly foreign-owned golf courses At the core of the spate of development is the decentralization of power from the Central government based in Hanoi to local administration

The policy of decentralization of central authority adopted by the People’s Party Congress in

2006 delegates power to the Provincial People’s Committees (PPCs)73, including the direct power to issue golf licenses to developers.74 Thus, in a span of two years around 123 golf licenses were allegedly released covering approximately 38,000 hectares (93,900 acres), of agricultural lands.75 The Ministry of Planning and Investment (MPI) reported to the Prime Minister the negative outcome of decentralization and recommended the recall of PPC authority

to approve golf licenses.76 The MPI also proposed to restrict the development of golf courses encroaching on rice farms Eventually, the Prime Minister recalled the PPC authority in

70 The policy of doi moi brought a shift from a centrally planned economy based chiefly on public

ownership to a market-oriented economy with state management and a socialist orientation Read

generally Gillespie, John Stanley, Transplanting Commercial Law Reform, Developing a ‘Rule of Law’ in Viet Nam, Ashgate, 2006, at page 1

71 Viet Nam registered USD 47.15 Billion FDI in 2008 Visit General Statistics Office of Viet Nam,

available at http://www.gso.gov.vn/default_en.aspx?tabid=491 Accessed on May 21, 2013

72 Data were obtained from various newspaper reports, actual informal interviews conducted with

government officials and Viet Nam Golf Association website, validated by field research from periods April 22 to May 2, 2009 The 2020 National Golf Course Development Plan set the cap to ninety golf courses yet it appears that additional thirty golf courses have been given licenses, as well The map of Viet

Nam with locational plotting of golf courses is attached as Map 3

73 Viet Const of 1992, art.118 states that, “the People’s Committees are the effective organs that

implement and enforce laws”

74 The Law on Environmental Protection (2005) provides that “the Ministry of Environment and Natural Resources (MONRE) is the central authority in environmental management and protection” Thus the grant of authority to PPC through decentralization is actually a derogation of power previously bestowed

to MONRE

75 See generally Nguyen Van Suu, Industrialization and Urbanization: How Appropriation of Agricultural

Land Use Rights Transformed Farmers’ Livelihoods in a Peri-Urban Hanoi Village? Final Report of an

EADN Individual Research Grant Project, January 2009 Available at

http://www.eadn.org/eadnwp_38.pdf Accessed on August 14, 2010 Read Bloomberg news, October 8,

2010 at courses-swallow-farms.html Accessed on December 4, 2010

http://www.bloomberg.com/news/2010-10-08/rice-land-in-vietnam-may-shrink-5-as-cities-golf-76 Personal interview with Nguyen Thi Bich Ngoc, Deputy Head, Service Sector Division, Ministry of Planning and Investment on April 28, 2009, 2 Hoang Van Thu, Hanoi, Vietnam Nguyen is in charge of

the golf sector promotion Transcript of interview is attached as Appendix “19”

December 2008 and under Prime Ministerial Decision 1946 (November 2009), Viet Nam

proposes to limit the number of golf courses operating in the country to ninety by 2020 through

the adoption on August 18, 2010 of the 2020 National Golf Course Development Plan.77

The recall of PPC authority and the adoption of the Golf Course Development Plan were due to

concerns about agricultural land use conversion, and the global shortage of rice 78, which gripped the entire rice-consuming economies in Asia In Vietnam, rice lands shrank from 4.5 to 4.1 million hectares from periods 2000-2006 due to the growth of industrial and residential areas.79 Consequently, the MPI-Strategic Development Institute (SDI) was tasked to conduct a study on the environmental and socio-economic impact of golf course development and was required to submit a master plan for allowable development in the future Hence, the 2020

National Golf Course Development Plan based on the MPI-SDI Master Plan was adopted

Viet Nam is one of the largest recipients of overseas development assistance (ODA) in the world.80 Thus, numerous international agencies assisted in strengthening its legal and regulatory

frameworks, specifically the Law on Environmental Protection (2005) where Environmental

Impact Assessment (EIA) is amply provided.81 Recently, Circular No 230/2009/TT-BTC (2009), provides tax relief, enterprise income tax incentives, value added tax (VAT) incentives, expenses for product advertisement and sorting of garbage at source, for environmental protection efforts in Viet Nam.82

77 Copy of the 2020 National Golf Course Development Plan is attached as Appendix “20”

78 The 2008 global rice shortages brought food prices sky-rocketing amid double-digit inflation Severe flooding also contributed to the shortfalls

79 Ministry of Agriculture Report, 2008 Visit the portal maintained in Vietnamese language at

http://www.agroviet.gov.vn/Pages/default.aspx Accessed on August 20, 2010

80 Japan’s ODA policy for Viet Nam at http://www.mofa.go.jp/policy/oda/region/e_asia/vietnam.pdf or

http://www.mofa.go.jp/policy/oda/longlist/vietnam.pdf Also Visit

http://www.aideffectiveness.org/Country-Vietnam.html Accessed on August 21, 2010

81 The Swedish International Development Agency (SIDA) provided technical and financial support for

the codification of the LEP See generally,

Swedish Bilateral Support to Environmental Capacity Development –

Overview of Key Results and Lessons Learned, Daniel Slunge and Emelie César, Draft Report, February 5,

2010, University of Gothenburg, School of Business, Economics and Law Available at

http://www.hgu.gu.se/Files/nationalekonomi/EEU/Helpdesk/jointreports/Review%20of%20Sida%20supp ort%20to%20EnvCapDev-DRAFT%20feb%205%202010_.pdf Accessed on August 14, 2010

82 Tax Circular No 230/2009/TT-BTC (2009) guides tax incentives for environmental protection activities

prescribed in the Government’s Decree No 04/2009/ND-CP (2009) on incentives and support of

environmental protection activities Available at

http://www.thuvienphapluat.vn/archive/Thong-tu/230-2009-TT-BTC-vb101401t23.aspx Accessed on January 1, 2011

In this thesis, Viet Nam is chosen for the cross-national comparative study owing to its aggressive development and operation of golf courses Most of the references for Vietnamese legal documents have been taken from the official website designated by the government to provide English translations of Vietnamese laws.83 The recent government action to clamp down

on the proliferation of golf courses, particularly those projects with large residential component, until 2020, has shown decisiveness and swift response to regulate the golf course sector

Although there are criticisms against the Golf Course Development Plan, other countries may

learn from the Vietnamese regulatory experience

4 Singapore

Singapore is a city-state with total land area of 710.2 sq km84 The Singapore state owns 58% of

the land (41,000 hectares) excluding the lands sold to various statutory boards.85 Although

Singapore utilizes only 1% of its land for agriculture, e.g hydroponics, floriculture, it is also engaged in other agricultural activities, i.e gardening (greening of parks, roads and road

networks) and aquaculture (food fish and ornamental fish) production Singapore is also one of the major chemical producers in the world.86 And reputedly, has one of the highest consumption

of chemicals, organic or inorganic (fertilizers, pesticides, herbicides, fungicides) in the region87

Singapore has limited land availability and natural resources yet it is alleged “to have the highest density of golf courses in the world with one course for every ten square miles”.88 In Singapore, there are twenty-six golf courses of varying sizes and holes spread over eighteen golf clubs

83 Translation is provided by Viet Nam Law and Legal Forum, Official Translation and issuing Official Gazette in English, at 79 Ly Thuong Kiet, Hanoi, Viet Nam

84 In August 2009, the total land area of Singapore is 692.7 sq km (69,270 hectares) but has increased to

715.8 sq km in 2010 owing to land reclamation Visit the Department of Statistics, the National Statistical Coordinator under the Statistics Act, Cap 317 (amend 1973) Available at

http://www.singstat.gov.sg/statistics/latest_data.html#12 Accessed May 20, 2013

85 State Lands in Singapore Visit http://www.sla.gov.sg/htm/ser/ser02.htm Accessed on May 5, 2013

86 Singapore is a major producer/exporter of chemicals owing to the existence of petrochemical plants in

the State Visit http://www.state.gov/r/pa/ei/bgn/2798.htm See Charles Melton, The Environmental Effects

of Golf Courses Available at http://www.des.ucdavis.edu/courses/ESP10/10D_drafts/MElton.pdf

Accessed on June 6, 2010

87 In various interviews conducted in the region, golf managers have pointed out that Singapore hosts the most number and priciest national and international tournaments These events necessitate the preparation and priming up of the golf courses, with the use of “cultural practices” that includes massive chemical preparation However, no data has been collected regarding the total tonnage or quantity of chemicals used

in Singapore due to the refusal of interviewees to disclose their consumptions

88 Estimated population of Singapore per 18 holes (000s) = 95.5, according to the World Research Group

Visit http:\\www.golf-research-group.com Accessed on April 10, 2010 The map of Singapore with golf

courses plotting is attached as Map 4

located in constrained areas, e.g land within water catchments89, under airport flight paths or areas affected by Ministry of Defense (MOD) restrictions Of these courses, thirteen90 have quasi-public interests - owing to direct or indirect investments brought about by leasehold agreements extended by the government, which owns the State lands where golf courses are built Singapore imports around 3.8 Million tons of sand from Cambodia for its reclamation and construction requirements, including for golf course development.91 Singapore also buys freshwater from Malaysia to supplement its water needs.92

Statistics show that public housing in Singapore services 85% of the population while occupying only 6% of the total land area.93 On the other hand, golf courses occupy approximately 2,000 hectares or 2% of the total land area Freshwater is scarce, supplemented by four “national taps”.94 In 2002, Singapore’s daily water consumption reached 300 Million gallons per day (but per capita domestic consumption has been brought down from 165 liters to 152 liters recently)95and it is expected to triple in 2015.96 The water issue will become more significant in the next decade as population increases (5,184 Million as of 2011) and correspondingly, the water needs

89 The PUB Manager gave a talk about golf courses bordering water reservoirs in Singapore and the

problems involved therein Visit

http://www.golfandlife.ch/fileadmin/user_upload/images/News/2nd_seminar-Singapore_Aug.09/Presentation_Michelle_Sim_-_low.pdf Accessed on September 15, 2012

90 The golf courses are: a) four eighteen holes of Singapore Island Country Club situated inside the PUB water catchments – the MacRitchie and Lower Peirce; b) three nine-holes of Singapore Armed Forces Reservists Association (Army, Navy, Air Force) funded partly by the Ministry of Defense for the National Servicemen of Singapore; c) one 18 holes Sembawang Golf Course, which is military owned, controlled and operated; d) one 18 holes National Service Resort and Country Club’s Kranji Sanctuary located inside the Kranji reservoir with thirty-year lease from PUB and financial support by the Ministry of Defense; e) one 18 holes Marina Bay Public Course situated in reclaimed land and water catchment area; f) Keppel Club’s one 18 holes situated in Singapore Land Authority (SLA) land; g) one 18 holes of Seletar Country Club; h) one 27 holes Orchid Country Club situated in Lower Seletar catchment; i) one 18 holes Jurong Country Club is in Jurong Lake catchment; and j) one 18 holes Raffles Country Club is situated in Tengeh Reservoir

91 “Singapore’s Insatiable Hunger for Sand”, Chris Coles, New Mandala, April 25, 2012 Available at

http://asiapacific.anu.edu.au/newmandala/2012/04/25/singapores-insatiable-hunger-for-sand/ Accessed on May 28, 2013

92 Singapore imports water from Malaysia Visit

http://www.pub.gov.sg/water/Pages/singaporewaterstory.aspx Accessed on May 28, 2013

93 History of the Housing Development Board at

http://www.hdb.gov.sg/fi10/fi10320p.nsf/w/AboutUsHDBHistory?OpenDocument Accessed on

December 6, 2010

94 The “national taps” include water from local catchment, imported water from Johor, Malaysia; NE

water and Desalinated water Visit PUB website at

http://www.pub.gov.sg/mpublications/Pages/PressReleases.aspx?ItemId=255 Accessed on August 14,

However, Singapore’s “success story in water management holds lessons for the world”97, for which innovation and policy, it won an international award in sustainable water management.98 Golf is the “sport of choice” by many Singaporeans The massive golfing complexes in the small city-state placed Singapore in the league with the highest chemical usage Singapore is a high chemical-consumption country owing to a juxtaposition of characteristics - being a highly developed economy (presence of high-end consumers), annual hosting of international tournaments99, popularity and strong patronage of the game100, climatological and weather conditions.101 Singapore is included in this comparative study owing to its natural resources dilemma and land availability constraints In the past, Singapore allowed the carving off of

nature areas 102 for golf course construction, specifically the Kranji Sanctuary Course Meanwhile, the Sentosa (Serapong Course), Tanah Merah and Marina Bay Golf Courses are located on reclaimed coastal land This thesis evaluates the wisdom of these types of

97 Asit Biswas, “Global Water Future and the Role of Singapore” Lecture given at the Lee Kuan Yew

School of Public Policy, National University of Singapore on January 16, 2007 Prof Biswas heads the Third World Centre for Water Management and is Founder and Editor-in-chief of the International Journal

of Water Resources Development In 2006, Prof Biswas received the Stockholm Water Prize See

generally the Third World Centre for Water Management in Mexico, at

http://www.thirdworldcentre.org/english.html Accessed on August 24, 2010 Read Joshi, Yugal, Cecilia Tortajada and K B ASIT, "Cleaning of the Singapore River and Kallang Basin in Singapore: Human and

Environmental Dimensions" AMBIO: A Journal of the Human Environment, (2012) Also read ASIT, K

B and Cecilia Tortajada, eds., Asian Perspectives in Water Management, London: Routledge,, 2012 And Tortajada, Cecilia, K B ASIT and Yugal Joshi, eds., Urban Water Management in Singapore: From Third

World to First World,., London: Routledge, 2012 See also C Tortajada, Y Joshi, A K Biswas The

Singapore Water Story: Sustainable Development in an Urban City-State, Routledge2013

98 The Singapore Public Utilities Board (PUB) received the prestigious "Stockholm Industry Water

Award", a prestigious water prize at World Water Week 2007, Sweden Visit

http://www.channelnewsasia.com/stories/singaporelocalnews/view/294176/1/.html Accessed on August

2, 2010

99 Singapore hosts the most prized-tournaments in Asia such as the Asian Tour, The HSBC Golf

Champions, Open Amateur Championship, etc

100 The National Service Resort and Country Club (NSRCC) has a record-breaking 12,000 membership with a monthly round of play at 16,000 for the combined 48 holes of Changi Golf Courses (27 Holes),

Kranji Santuary (18 holes) and Executive Course (3 holes)

101 The annual average rainfall of Singapore is 2357.8 mm Visit the Meteorological Services, National

Environment Agency at http://www.weather.gov.sg/wip/web/Marine Accessed on December 15, 2010 There is less rain on the eastern seaboard while the western side has high annual rainfall Rain has impact

on turf grass conditions With constant yet continuous rain, turf grasses become easily contaminated by fungus and other turf diseases In which case, chemical application is necessary The rain also results in chemical wash out or run-off and causes topsoil erosion especially after the green’s topdressing

102 Nature Areas either are terrestrial, marine or coastal areas that support natural ecosystems and have been

recognized for their significant biodiversity They are reflected in the Special and Detailed Control Plan of

the URA Master Plan 2008 and are kept for as long as possible Meanwhile, Nature Reserve Areas are legally protected areas with key representative indigenous ecosystems Read, the Fourth National Report to

the Secretariat of CBD (September 2010) at http://www.cbd.int/doc/world/sg/sg-nr-04-en.pdf Accessed on December 19, 2010

development with massive ecological impact, as well as the ethical utilization of public land for

golf courses

E Relevant Features of Subject Countries

Table 1.1 provides a summary of the relevant features of the countries to be compared The choice of these countries was mainly determined by the research questions and the

corresponding research hypotheses For instance, in order to test hypothesis 1 (golf courses are

not coherently, effectively and adequately governed or regulated under existing national laws and governance), this dissertation compares countries with varying legal, political, administrative systems, rule of law and levels of wealth by holding constant the type of golf courses to be studied (traditional golf courses) to ensure their compatibility

Studying countries with different legal traditions - civil law, common law and socialist law traditions (discussed under Chapter III, Part II) - allows us to control for the effects of legal tradition This allows for the qualitative testing of the hypothesis that the coherence, effectiveness and adequacy of golf course regulations or governance do not depend on legal traditions but rather was the result of fragmented, sectoral and ad-hoc manner of regulation The choice of Singapore, Thailand, Viet Nam and the Philippines meet these requirements for comparison and controls as these countries have varied legal traditions

In addition, the reliability of the rule of law would have to be varied in the study to assess whether variations in the coherence, effectiveness and adequacy of golf course law and

governance also vary with the reliability of the rule of law The Rule of law determines

compliance to environmental laws and regulations and hence is a proxy for the effectiveness of golf course regulations No assumption is made however that the rule of law is correlated with the coherence, effectivity and adequacy of regulations, but only with the effectiveness of its enforcement The choice of Singapore, Thailand, Viet Nam and the Philippines - with their varied international reputation for the rule of law - enables us to assess whether variations in the coherence, effectiveness and adequacy of regulationsalso vary with the reliability of the rule of law In addition, to control for the varying effects of these regulations across countries, golf

course management must also be compared within the same country For this reason, three golf

courses within each of the comparative countries are examined The choice of Singapore, Thailand, Viet Nam and the Philippines enables us to do this within country comparison because

of the sufficient number of golf courses to compare within these countries

To test hypothesis 2 (self-regulation of golf courses is feasible under certain conditions),

qualitative testing requires comparing countries and golf courses with and without sustainable golf management practices while controlling for legal jurisdiction (comparison within a country) and

controlling for the wealth of the country (developed and developing countries) The intuition for

the former is derived from the Kuznets curve (richer countries are expected to invest more on

environmental goods compared with developing countries) This dissertation examined TAT Filipinas Golf Club, a case study in this thesis and internationally recognized and awarded sustainable golf course, and compares its practices with those of traditional golf courses within the same country, as well as compared to other countries

Finally, in order to test hypothesis 3 (MEAs, hard and soft law instruments guide, inform,

enhance and promote common trends in domestic law and governance), it is important to compare

across countries which adopted MEAs but have different legal, political and administrative

systems as well as countries with varying levels of wealth Variations in the wealth of a country are a relevant variable as wealth could affect the ability of countries to adopt the MEAs To control for the effects of variations across countries, the effects of MEAs and hard and soft law

instruments within countries was undertaken (golf course operations within countries are

compared to see if there are variations given the same types of law and environmental governance) Table 1.1 shows the comparative summary of the relevant features of the golf

courses

Table 1.1

Comparative Summary of the Relevant Features of Golf Courses

golf course

courses observe sustainable and

best practices

*Sources: National Golf Club Associations, various newspapers, Asia Pacific Golf Conferences, personal interviews, Franscesh-Huidobro (2008)

F Legal Systems in the Philippines, Thailand, Viet Nam and Singapore

The subject countries adopt and adhere to varied legal systems The Philippines, in some respect,

has been influenced by the Spanish civil system and the Anglo-American common law tradition However, in what is considered as the Muslim Mindanao areas, the Islamic legal system is

103 See Li-ann Thio, “Rule of Law within a Non-Liberal ‘Communitarian’ Democracy: The Singapore Experience” in Randall Peerenboom, ed., Asian Discourses of Rule of Law: Theories and Implementa-

tion of Rule of Law in Twelve Asian Countries, France and the US (London: RoutledgeCurzon, 2004) 183

[Thio, “Rule of Law”]

104 Zakaria, Fareed, The Future of Freedom: Illiberal Democracy at Home and Abroad, W W Norton & Company; Revised Edition Edition (October 17, 2007) Zakaria (2003) describes the concept of “illiberal

democracy”, and was noted that too much democracy and democratic means of governance have been detrimental to life, liberty and the pursuit of happiness Singapore is considered a classic example of illiberal democracy

currently observed in civil and family relations.105 Thailand is based on the civil law system with

influences of common law from European countries (French and German) and Japan.106 In several southern provinces, Islamic law can be applied.107 Thailand’s environmental law combines Buddhism, animism and local knowledge and these belief systems include ideas that promote

“sustainable development”, which can be used to foster environmental protection.108

Viet Nam’s legal system is based on communist legal theory and the French civil law system109

Vietnamese law as we see it today is a product of multiple influences110 - Chinese rule, French rule, strong Soviet and Chinese influence, and now Western influence through donor-assisted legal reform efforts that have all made their mark on the Vietnamese legal system The current structure

is that the Vietnamese Communist Party and government have pursued a strategy of party-led

legal reform since late 1986 Singapore is a sovereign republic with a legal system, which has two

sources of law: the first source is the English common law111 as developed in England and

imported into Singapore The second comprises laws passed by Parliament, including subsidiary

legislation (rules, regulations, orders and notifications, made by the relevant Ministers under enabling legislation) English authorities form the overwhelming majority of precedents, which are cited in court, through “reception”, which refers to the continued acceptance and application of English statutes and case authorities in Singapore.112 Therefore, this thesis indirectly considers

105 On Matters of family, civil or personal laws, Islamic law is observed in Muslim Mindanao areas, with

established Shari’a courts and justice system Read M B Hooker, Islam in South-East Asia, East Asian Social Science Monograph, 1984, Oxford University Press, Singapore, at page 30 Read the Code of

Muslim Personal Laws in the Philippines, Presidential Decree 1083 (1977)

106 Rebecca R French, Thailand, in Herbert M, Kritzer, Editor, Legal Systems of the World, Volume IV, A

Political, Social and Cultural Encyclopedia, ABC CLIO, US, 2002, p 1295-1297, at page 1614

107 Id

108 Douglas L Tookey, Southeast Asian Environmentalism at its Crossroads: Learning Lessons from

Thailand’s Eclectic Approach to Environmental Law & Policy, Georgetown International Environmental

Law Review, (1999), Volume II, at pages 307-362

109 Mark Sidel, Vietnam in Herbert M Kritzer, Editor, Legal Systems of the World, Volume IV, A

Political, Social and Cultural Encyclopedia, ABC CLIO, US, 2002, at pages 1295-1297

110 Four traditions – Confusian and legalist, French colonial, socialist Soviet and Chinese, and Western market-oriented – have been primary influences in the development of modern Vietnamese law

111 Kevin YL Tan, Editor, The Singapore Legal System, Second Edition, Singapore University Press, National University of Singapore, 1999, at page 26 See also Helena H M Chan, The Legal Systems of

Singapore, Butterworths Asia, 1995

112 Walter Woon, The Applicability of English Law in Singapore, “The Singapore Legal System”, Chapter

6, Edited by Kevin YL Tan, Second Edition, Singapore University Press, at page 230 Also read

Singapore has two sources of law The first source is English common law as developed in England and imported into Singapore; and the second comprises laws passed by Parliament, including subsidiary legislation (rules, regulations, orders and notifications, made by the relevant Ministers under enabling

legislation Read Lye Lin Heng, “Environmental Law- Singapore”, Kluwer International Law, (2008), page 9 Also read, Gary F Bell, The Singapore Legal System in Context - Whither the concept of the

National Legal System, in The Singapore Legal System, Chapter I, ed Kevin YL Tan, 1999, Second

whether the legal system has a bearing on the protection and management of the environment in golf courses

G Case Studies

Chapter II, Part IV of the dissertation includes case studies113 of twelve (12) golf courses, comprising three golf courses selected in each subject country owing to their regulatory, ecological, and social and cultural impacts to the environment Consequently, data collection includes visual inspection and interviews of course superintendents, course managers, chemical suppliers and turf grass research director Various government officials were also interviewed, specifically from environmental and agriculture agencies114 The interviews were conducted on the basis of a general questionnaire115 The questions are informal ones or open-ended, i.e inquiry

about the features and design of golf course, type of grass used, grown or propagated, maintenance

activities, rate of chemical application, water and chemical processes and practices, etc

This thesis prepared a specific format of questions for golf course officials and a separate one for government officials interviewed for this paper In fact, there are no surveys, which requires checking a box, answering yes or no, or providing ratings on a fixed scale to each question There

is also no specific format for obtaining answers to the prepared questionnaires, as interviewees are free to provide answers in any manner that they want In fact, most of the interviewees choose to

ignore or not to reply to several questions included in the questionnaire

H Limitations of the Research

There are several limitations to this research First, it is not possible to provide a complete and

detailed discussion of all legal issues and practices involving the golf sector As such, this dissertation selectively focused on key national environmental laws and regulations, which are

relevant to golf courses Second, there are inherent limitations to field data collection, especially

cross - country studies on a sensitive topic, which examines adverse environmental impacts of

Edition, Singapore University Press, National University of Singapore, at page 1

113 Case Study is one of the most suitable techniques to develop a theory and helps researchers understand certain phenomena by in-depth analysis and generate the hypothetical theory from findings for further

empirical testing See D.E McNabb, Research Methods in Public Administration and Non-Profit

Management: Quantitative and Qualitative Approach, 2002, Armond, New York and London M.E

Sharpe See also John Gerring, Case Study Research: Principles and Practices, 2007 Cambridge

University Press, at page 17 and M V D Velder, P Jansen, and N Anderson, N., Guide to Management

Research Methods, 2004, Malden, Oxford, Carlton, Blackwell Publishing

114 A list of persons interviewed is included as Appendix “1”

115 Sample of questionnaires are included in this paper as Appendices “2”, “2-A” and “2-B”

golf courses For instance, in this dissertation, the researcher faced repeated refusals, rude receptions and negative reactions in the course of her research and data collection.116 There is, however, a network of golf course/club owners and operators, architects and landscapists, managers and superintendents, turf grass associations, and chemical suppliers who cooperated thereby allowing this paper to validate the data collected from interviews This research gained valuable information from industry practitioners.117

1.4 Overview of the Conceptual Framework

This dissertation uses law and governance as framework for analyses, specifically building on

Robinson’s (1998) comparative environmental law approach, and Maria Francesch-Huidobro’s (2008) “governance theory” perspective Comparative environmental law expert Robinson

suggested that the sub-field of comparative environmental law involves asking the following

research questions: First, which jurisdictions can be compared? Second, what are the elements of

a comprehensive environmental law regime to identify and compare? Third, how can

environmental laws be harmonized and integrated among states in order to give better effect to

their objectives? Finally, how can one locate and verify environmental laws of different states?

This dissertation therefore advances the literature on comparative environmental law using

Robinson’s approach

Meanwhile, Francesch-Huidobro’s “governance theory” perspective focuses on state adaptation

to the external environment and new forms of coordination and collaboration between

government and civil society to tackle new societal problems Francesch-Huidobro designed a

framework of analysis as a way of viewing the world of politics and government that helps to

focus attention on things that happen and the way they happen Francesch-Huidobro sees

governance as a multi-dimensional phenomenon – sensitive to context by being applicable in various guises to different political systems in developed and developing countries alike

Currently, there is no legal scholarship involving law and governance in golf courses Thus, for

purposes of this dissertation, I propose that law and governance in golf courses be understood to

include legal and institutional governance, administration and enforcement, as well as the general observance by the golf course sector of industry norms and practices, which include self

regulation, transparency, good governance, benchmarking, best practices, etc The direct

participation and public consultation involving the Non-governmental Organizations (NGOs) and civil society are subsumed in the governance perspective A complete elaboration of the

conceptual framework is discussed under Chapter II, Part III However, the framework is

summarized in Chart 1 below and the operational definition of terms follows:

Chart 1

Flow Chart of the Conceptual Framework of the Dissertation

How can we locate/verify law and governance in golf courses?

How can we compare these legal and governance practices?

What are the elements of

law and governance in

• 7"5:+(*%#+.%*4$"(&*5*4,%

+4-%9"3*(4+4&*%:(+&,1&*)% 14%9"#$%&"'()*)%14%,*(5)%"$%%

#B <):.$.-1.' 9B E%.F4#18' 1B G**.1+,=.-.(('4(,-0'+:.'1#(.(' )*'C:,/,77,-.(&'H:#,/#-%&'I,.+'

>#6'#-%'J,-0#7)$.'

1.5 Significance of the Research

This dissertation hopes to contribute to the legal and governance literature as well as to their theoretical, empirical and methodological dimensions in the following ways:

A Little is known in the scholarly literature about the nexus between golf courses, environment, law and governance Substantively, despite the proliferation of golf courses and their impacts on the environment, most countries do not have adequate, coherent, responsive or effective legal and governance in golf courses This dissertation will address these significant gaps in the literature It is in a sense a seminal contribution to this underdeveloped field of legal scholarship

B The literature on comparative environmental law suggests that there should be a

common trend, in substance and procedure, across legal traditions (Robinsons, 1998) This

dissertation will qualitatively test this hypothesis with reference to four jurisdictions in Southeast Asia

C Little is also known in the literature about the impact on golf courses in various international and regional agreements or conventions, constitutional provisions, legislative

enactments, policies and guidelines e.g the law relating to natural resources, biodiversity

protection, nature conservation, water resources, chemical pollution, Environmental Impact

Assessment, planning applications, etc This dissertation addresses this gap in the academic and

policy literature with a comparative study of the four ASEAN countries

1.6 Organization of the Dissertation

This thesis is divided into five (5) chapters, with sub-parts Chapter I gives a general overview

about golf courses, the research background, aims, questions, scope, limitations, conceptual framework, followed by an explanation of the research methodology, case selection, data analyses, analytical framework, significance, organization, scope and value of this research

Chapter II consists of four parts, discussing law and governance as frameworks for analyses Part 1 introduces golf courses and the environment, the impacts (ecological, social, political and

economic) and consequences of development and operation and the technical descriptions of

maintenance and operation of the golf course Part II discusses the existing literature about golf

courses and law and governance in golf courses in four states in Southeast Asia, sustainable

development, environmental regulations, techniques and environmental regimes Part III discusses the framework for analyses and Part IV contains the case studies of four subject

countries

Chapter III is the Comparative evaluation and analyses of the International, Regional and National Frameworks Part I evaluates the international environmental legal frameworks while Part II evaluates the regional environmental legal frameworks Part III analyses and evaluates

the national legal and regulatory frameworks of the subject countries, which were grouped according to the three stages of development and operation of golf courses in the Philippines, Thailand, Viet Nam and Singapore

Chapter IV summarizes of the cross-national comparison and evaluation of law and governance

in the subject countries And finally, Chapter V contains the conclusion and recommendation of

the thesis, which includes the theoretical, policy and legal implications of the dissertation The recommendations share final reflections on the challenges and trends towards the creation of sustainable golf courses, including guidance for future research

CHAPTER II LAW AND GOVERNANCE IN GOLF COURSES:

1.2 Environmental Impacts and Consequences of Golf Courses

1.3 Stages of Golf Course Development and Operation

1.4 Maintenance and Operation of Golf Courses

1.5 Feasible Recommendations

1.1 Introduction

The first part of this Chapter introduces golf courses and the environment To build a golf

course, at least forty-five hectares (111.20 acres) of land is required to complete an 18 holes regulation-length complex118 that would include the clubhouse and other facilities In the early

70’s, golf courses in Asia are planted mostly with local or indigenous grasses The landscape changed when foreign golf course architects and design companies aggressively promoted hybrid turf grasses in the ‘90s For purposes of clarity and emphasis, this dissertation discusses

two kinds of golf courses – the traditional or conventional golf courses and the traditional/sustainable golf courses

118 There are actually three types of golf holes The first is the Regulation Length Golf Course (R) - a traditional length and par golf course that include a variety of par 3, par 4 and par 5 holes The second is

the Executive Length Golf Course (E) - a shorter or compact version of the regulation length and par golf

course that includes a variety of par 3, par 4 and/or par 5 holes The third is the Par-3 Golf Course (P) - a

short course comprising solely of par-3 holes National Golf Foundation, Golf Project Glossary of Terms

at http://www.ngf.org/cgi/ccglossary.asp and Golf course construction at

http://secure.ngf.org/cgi/ccintro.asp and

http://www.privatecommunities.com/second-home-buying/glossary/golf-related-terms.htm Accessed on May 10, 2013

The traditional/conventional golf course development and operation generally can be considered

to be one of the most unsustainable activities, as it usually results in the degradation of natural ecosystems119 When traditional/conventional golf courses are built, the landscaping activities

result in the destruction of natural wildlife habitat, i.e modification and alteration of soil cover,

removal of topsoil, cutting/felling of trees, contouring of vast areas, including the re-direction of water bodies It has been claimed that course developers often choose the “most scenic natural sites, including areas near rivers, lakes and oceans, land adjacent to pristine forests, and parcels

at the base of towering mountains”.120 Undeniably, the golf course industry has been accused of wasteful usage of water, massive chemical application, coastal land reclamation, land use conversion, use of beach sand or crushed shells, corals or marbles Large tracts of land are

needed for the establishment of resort hotels and golf estates

Today however, there are “sustainable” golf courses – those courses that break from the norm to explore and adopt new practices and principles, disproving the notion that golf courses are invariably destructive.121 These new practices and principles include ethical and responsible utilization of land, water, chemicals, hybrid turf grass, etc These non-traditional golf courses or

sustainable golf courses meet the aim to balance the philosophy of PPP (People, Profit and Planet) that lie at the heart of the sustainable development paradigm Sustainable practices trace its roots

from increased awareness and realization brought about by the Brundtland Report (1987) entitled

“Our Common Future” The wave of environmentalism captured many hearts and minds,

including the legal scholars, who were exploring the question of how the law and governance can further the objectives of sustainable development

119 South China Morning Post, “Golf Courses Destroy Water Resources and Land”, July 27, 2012 Visit

http://www.scmp.com/article/284771/golf-courses-destroy-water-resources-and-land Accessed on April

14, 2013

120 C.Y Ling, “Golf Gulf Divides Rich and Poor,” Earth Island Journal 7, No 4, (Fall 1992), at page 431,

in Kit Wheeler and John Naughright’s, “A Global Perspective on the Environmental Impact of Golf”, Sport in Society, Volume 9, No 3, July 2006, Routledge Taylor and Francis Group, at pages 427-443

121 Supra, note 10

A Parts of the Golf Course

Table 1.2 shows the different parts of the golf course

Table 1.2

Parts of the Golf Course

1 Tees

(Also "peg") a small (usually, but not always,

wooden) device for setting the ball up above

the ground;

(Also "teeing ground, teeing area, tee box")

the starting point of each hole, the area

designated as the teeing ground

Average 6,000 sq.ft per hole

Average 6,000 sq.ft MORE for the

“surrounds” (approach, aprons, or

collars) of the tees

Average tees per hole - (Championship – yellow); blue; white; ladies – red and

junior) 12,000 sq.ft x 18 holes = 216,000 sq.ft Total: 2.006 ha (4.959 acres)

2 Greens

(Also "putting green, putting surface, dance

floor") is the most closely mown and smooth

area on the course

Greens are specifically prepared for putting

and on which the hole is placed

6,000 sq.ft x 18 = 108,000 sq.ft

6,000 sq.ft (generally extending 6-7 m around putting surface) MORE for the

"surrounds” x 18 = 108,000 sq.ft 108,000 x 2 = 216,000 sq ft Total Area: 2.006 ha (5.5 acres)

3 Fairways

Fairways are the closely mown area between

the tee and green

Average 16.2 ha (35-40 acres)

4 Roughs

Roughs are longer grass adjacent to the

fairways, greens and perhaps tees

Average 16.2 ha (35-80 acres)

5 Practice Greens

Practice green is separate from the golf

course; designated for practicing putting only

or putting or the short game

6,000 sq.ft x 2 = 12,000 sq.ft

Total: 111 ha (.275 acres)

6 Driving Range

(Also "practice range, practice tee, range") is

an area, separate from the golf course,

designated for hitting practice balls

Average of 809 h (1-2 acres)

Source: TAT Filipinas Golf Club (2010)

B Use of Hybrid Turf Grasses

Golf courses use turf grasses for the tees, greens and the fairways, as well as on the driving range There are a thousand species of turf grasses Most traditional/conventional golf courses use hybrid species while non-conventional or sustainable golf courses limit these hybrids on the greens and tees, and choose to grow local or indigenous grasses on the large areas of the fairway

The hybrid turf grasses generally are invasive species that needs protection against elements that

are endemic They are also forced to grow in hostile environments in tropical Southeast Asia122

in which case, there is a high watering demand and application of fertilizers, pesticides, herbicides and fungicides to maintain the required growth and the playing quality of golf courses In Southeast Asia, chemical requirements are higher due to its hot and humid weather conditions where hosts of fungi and bacteria easily breed and attack hybrid species The use of hybrid turf grasses in the subject countries presents therefore a growing concern for the environment.123

There is also a United States Golf Association (USGA) recommended height of greens for better

playing quality The Stimpmeter is a device used to measure the speed of a golf course putting

green by applying a known force to a golf ball and measuring the distance traveled in feet.124This means that the speed of the golf roll is maintained for tournament standards In turf grass maintenance, when the height of the turf grass is too low for a fast roll, the greens become stressed and need more chemical and water

Table 1.3 shows the growing popularity of the hybrids in Asia

122 Heavy rainfall in tropics increases fungus infestation of turf grasses

123 The UC Guide to Health Laws, The University of California Agriculture and Natural Resources portal,

available at http://www.ipm.ucdavis.edu/TOOLS/TURF/TURFSPECIES/ Accessed on March 29, 2011

124 The United States Golf Association (USGA) stimpmetered putting greens across the country to produce the following recommendations: Slow greens: 4.5 feet, Medium greens: 6.5 feet, Fast greens: 8.5 feet For the US Open, USGA recommends: Slow greens: 6.5 feet, Medium greens: 8.5 feet, Fast greens: 10.5 feet

USGA Stimpmeter Instruction Booklet, visit

http://www.usga.org/course_care/articles/management/greens/Stimpmeter-Instruction-Booklet/ Accessed

on October 2012

Table 1.3

Use of Turf Grasses (Hybrid or Local Grasses) in Southeast Asia

Philippines Sta Elena Golf Club Hybrid: Dwarf Bermuda (tifeagle) for greens and

fairways Philippines TAT Filipinas Golf Club Hybrids: Combination of Zoysia Japonica, Paspalum

and Tifeagle for the greens, Zoysia for the tee

mounds

Local: Carabao grass for fairways

Thailand Navatanee Golf Club Hybrid: tifDwarf for the greens; 419 for the fairways

Paspalum SeaIsle2000 for the greens Viet Nam Chi Linh Star Golf Course Hybrid: Tifeagle for greens; wintergreen Bermuda

for faiways Singapore Kranji Sanctuary Resort Hybrid: Tifeagle for the greens; Bermuda for

fairways

Course

Hybrid: Platinum TE Paspalum

Hybrid: Zoysia Metrella for tee boxes and fairways

and Local: Serangoon grass for greens

Hybrid: Zoysia Matrella for tee boxes and cow grass

for fairways, Bermuda for greens

Hybrid: Zoysia for tee mounds, cow grass for

fairways and Local: Serangoon for greens

Hybrid: Zoysia matrella for tee mounds and fairways

and Bermuda tifDwarf for greens

Hybrid: Zoysia Matrella for tee mounds and fairways

and Bermuda tifDwarf for greens

Country Club, West Course

Hybrid: Salam Seashore Paspalum for tees, fairways

and roughs; paspalum supreme for greens

Country club

Hybrid: 328 Bermuda Grass for tees, greens and

fairways

Chau Public Golf Course

Hybrid: North and South Courses is planted with

Bermuda Grass; New East Course with Seashore

Paspalum

Source: Research, Visual Inspection and Field Interview

1.2 Impacts and Consequences of Golf Courses

A Environmental Impacts of Development - Water, Chemicals, Sand

Golf courses inherently require a package of chemicals and their impact on soil, water quality and irrigation supply can be cited as “public concerns”.125 In the United States of America (USA) various programs were introduced to minimize the potential of ecological harm resulting from course maintenance.126 Under the “intensifying pressure from the public, government agencies have been collaboratively working on policies as tools in the decision process for course development”.127 Michael J Hurdzan PhD128, an expert in environmental golf course

design and construction, shares his data showing the amount of water and the rate of chemical

application for every tees, greens and fairways, roughs and putting greens of an 18 holes golf course Table 1.5 shows the water and chemical rate of application for 18 holes golf course

1 Water and Chemical Requirements for 18 Holes Golf Course

125 The United States Environmental Protection Agency (EPA) study revealed that golf course

superintendents apply fifty-five pounds of pesticides to each acre of golf course per year See 2005 US Pesticide Industry Report, Executive Summary, March 2006, KRS Network Also visit EPA portal at

http://www.epa.gov/greenchemistry/ Accessed on May 17, 2013

126 Read About the Golf Course Superintendents Association of America (USGCSAA), Programs and Activities Available at http://www.gcsaa.org/ Accessed on May 3, 2010 Majority of golf clubs in

Southeast Asia have registered their resident Golf Course Superintendents with the USGCSAA

127 The USGSCAA recommends the adoption of restrictions for course construction in sensitive areas such

as watersheds, coastlines and sites near aquifers, reservoirs and rivers where contamination of surface and ground water most likely occur; effective monitoring and regulation of water quality and pesticide handling; adoption of measures that would reduce pesticide leaching to ground water source

128 Michael J Hurdzan, PhD is a lecturer and a recognized authority on the design of environmentally responsible golf courses Hurdzan received the Donald Ross Award (2007) - the highest honor granted by

the American Society of Golf Course Architect’s Hurdzan wrote Golf Course Architecture: Evolutions in

Design, Construction, and Restoration Technology (1996) His second book, titled Golf Greens: History, Design, and Construction (2004) introduces the reader to the past 100 years of the history and evolution of

golf greens and how scientific investigations have influenced their construction Hurdzan teaches a

seminar for USGCSAA titled “Golf Greens: Theory, Design, Construction and Maintenance” and is a past instructor of “Environmental Impacts of Golf Courses”, a seminar sponsored by the Harvard University

Graduate School of Design Transcript of personal interview of Dr Hurdzan is attached as Appendix “3”

Table 1.4

Water and Chemical Requirements for 18 holes Golf Course

Tees • Average - 6,000 ft2 per hole at 112,000 gallons of water per week

• Surrounds (approach, aprons and collars) doubles the size to 2.23 hectares (5.5

acres) needing another 112,000 gallons of water per week

• Some grasses can get by with less water than other grasses in the same environment

by perhaps as much as 35-40%, and some root zone soils can help cut another 10-20%

of applied water

• There are many variables, including wind effects, shade and sun regimes, relative humidity, stage of grass growth or dormancy, temperature, water quality (more hard or salty water is required than fresh or soft water), and playing conditions demanded by

golfers

Greens • Typically, most golf courses have 20 greens (18 holes plus a putting green, or two or

a sod nursery) that average 6,000 ft 2 for a total facility area of 120,000 ft 2 , of which the golf course itself is only 108, 000 ft

• Many superintendents treat the green surrounds (approach, aprons and collars) with

nearly the same chemicals and watering as the green

• The “surrounds” of a green, generally extending 6-7 meters around the putting surface, will be equal to the green area, or another 6,000 ft 2

• This is true for watering than chemical applications but it could double the amount per golf course to 240,000 ft2 or 2.23 hectares (5.5 acres) of total area

• Generally, greens and surrounds of short grass require 1.5 inches of water per week One acre/inch of water equals 27,000 gallons per acre inch, so 1.5 acres inches = 40,500 gallons on 5.5 acres means about 222,000 gallons per week for greens and

surrounds, assuming there is no rainfall

• If it rained an inch and a half, even only over a week, then no water would be needed So it depends upon the weather, but in worst-case scenario, it is 222,000

gallons per week for greens

Fairways • Golf courses that are about 6,500 yards long have fairways that are 40 yards wide,

that start at the forward tee that go to the green, with an average of about 16.2 hectares

(35-40 acres)

• Fairway grasses can generally get by with only one inch of water per week, or say 40

acre/inches of 1,080,000 or 1.1 million gallons per week, more or less

• The same variables to increase or decrease the amount apply to fairways as it does to

tees and greens

• In the desert, in the summer when grasses are grown most actively, golf courses will

use up to One Million gallons of water per day or Seven Million gallons per week

• However, in a gentler climate the average is about two Million gallons per week for

tees, greens, surrounds, and fairways, if there is no natural precipitation

Roughs • Some golf courses water and chemically treat roughs which can add another 40-80

acres at one inch of water (27,000 gallons per acre) per week Practice

Greens • Normally, golf courses have two putting greens, located near the starting tees at 12,000 ft 2 Driving Range • The driving range tee can often be an acre or so in size with another 40,500 gallons

of water for the range tee per week

Extremes • Dubai could use 10-14 Million gallons of water per week

• Florida’s Naples National with a total maintained turf area of 45 acres for tees, greens, surrounds, fairways and roughs (the rest of the course is either native sand or pine straw) – cuts all costs and quantities by 33 – 66% compared to South Florida

courses

Source: Hurdzan and Fry (2010)

Thus, Table 1.5 shows the total water requirements of an 18 holes golf course

Table 1.5

Summary of Total Water Requirements for 18 Holes Golf Course

2 Greens, Putting Greens • Greens and surrounds of short grass require 1.5 inches/week

• 240,000 sq.ft of greens = 2.3 ha (5.5 acres)

• 1 acre/inch of water = 27,000 gallons/acre inch, so 1.5 acres inches = 40,500 gals on 5.5 acres means about 222,000 gallons per week (no

rainfall)

3 Fairways • 1 inch/week, or say 40 acre/inches of 1,080,000 or 1.1 Million gals per

weeks, more or less

4 Roughs • Roughs can add another 40-80 acres at one inch of water (27,000 gals

per acre) per week

5 Driving Range • 40,500 gals of water for the range tee per week

Source: Hurdzan and Fry (2010)

2 Chemical Requirements for 18 Holes Golf Course

In ASEAN countries, scientific surveys and reports on chemical effects in golf courses are lacking There are no available documents, papers, reports or records, which exists for reference and guidance Thus, this thesis had to resort to data collection, survey, ocular inspection and

informal interviews of people involved with golf courses Golf clubs are not required by law to

submit their rate of chemical application to government authorities There could be instances requiring registration of chemicals used in golf courses but due to the laxity of regulatory mechanisms, enforcement and compliance is weak Chemical companies distribute leaflets and

flyers directing the handling and application of turf herbicides, “warning that environmental

hazards and contamination may result in surface and ground water system”.129 Apparently, discretion is given to the course superintendent, as the instructions are merely recommendatory Meanwhile, the total chemical requirements and frequency of application of 18 holes golf course are shown under Table 1.6

129 In the US, the product warning is required under the Worker Protection Standard (WPS) for Agricultural Pesticides {40 CFR 170.240 (d) (4-6)} aimed at reducing the risk of pesticide poisonings and injuries among agricultural workers and pesticide handlers The WPS offers protection to approximately 2.5 million agricultural workers and pesticide handlers that work at over 600,000 agricultural establishments The WPS contains requirements for pesticide safety training, notification of pesticide applications, use of personal protective equipment, restricted-entry intervals after pesticide application, decontamination supplies, and emergency medical assistance Visit US EPA website at http://www.epa.gov/agriculture/twor.html Accessed on April 13, 2013