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

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 worldwide
1
, 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.
3

The Philippines, for instance, boasts of seventy-eight golf clubs compared with just 20 courses
from two decades ago.
4

Thailand has 222
5
courses, Viet Nam is hurriedly catching up with

1
Visit 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 f-research-
group.com/start.html. Also visit 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 />press-releases/news/golf-tourism-exploding-in-asia/. Accessed on January 23, 2013.
4
Visit National Golf Association of the Philippines (NGAP) at
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
/>ONTENTTYPE%3Dhistorysuwcnt1368740286848. Accessed on May 17, 2013.

2
twenty-eight
6
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 organisms
9
. 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
Accessed on May 17, 2013.
7
Visit Singapore Golf Association (SGA) at
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
Accessed on March 24, 2011.

3
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 />courses-environmentally-sustainable/. Accessed on January 23, 2013.
11

See, Scott R. Templeton, David Zilberman and Mark S. Henry, Golf Courses in California As Modern
Agricultural Enterprises, available at
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,
Accessed on November 3, 2010.

4
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 for golf 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 use
15
, which involves
“genetic selection and recombination resulting in the introduction of new and improved

14
Water Facts, Water Information Program, available at
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.

5
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 conversion
18
, “land grabs”
19
and prostitution
20
.

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 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
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 non-
agricultural uses, such as industrial and commercial conversions under Republic Act No. 6657, the
Comprehensive Agrarian Reform Law.
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.

6
(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 development by 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

24
Daly, 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

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.

7
opposed to arbitrary power." It has been considered as one of the key dimensions that determine
the quality and good governance of a country
33
. 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 standards
37
. 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
accessed on May 17, 2013.
34
Visit 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 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.

8
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 Accessed on May
5, 2013.

9
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 implementations
41

.

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.

10
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

11
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
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, 19
th
Edition, 2011, at page 48. Carrot and stick refers to giving reward and punishment to elicit
cooperation among parties.

12
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.


13
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 tourism
46
, 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 />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

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.

14
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.


15
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.

1. Philippines
The Philippines is mainly an agricultural economy with a total land area devoted to production at
thirteen million hectares.
47
It is rich in natural resources with total renewable water resource at
479 cu km and irrigated area of more than 15,500 square km of agricultural land.
48


47
The total land area is of the Philippines is 300,000 sq km. Visit
For agricultural updates, visit the Department of Agriculture
(DA) at Accessed on May 17, 2013.
48
Id.

16
Environmental problems include critical water shortages in the National Capital Region (NCR)
and Metropolitan Cebu
49
, 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 thousand
52
,
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 and 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.

17
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.
56

Its 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
(km
3/
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 1975
60
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 and,
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 />10.pdf. Accessed on May 21, 2013.
58
Annual rainfall is 800 trillion m
3
yet there is water shortage problem in the Eastern Seaboard where
most industrial estates are located. Visit />CLIMATE.html. Accessed May 21, 2013.
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
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!.

18
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 zones
66
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
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
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
Accessed on May 21, 2013.

19
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 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
Accessed on August 14, 2010. Read Bloomberg news, October 8,
2010 at />courses-swallow-farms.html. Accessed on December 4, 2010.
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”.

20
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
Accessed on August 20, 2010.
80
Japan’s ODA policy for Viet Nam at or

Also Visit
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
/>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 />2009-TT-BTC-vb101401t23.aspx. Accessed on January 1, 2011.

21
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 km
84
. 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 region
87
.

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
Accessed May 20, 2013.
85
State Lands in Singapore. Visit 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 See Charles Melton, The Environmental Effects
of Golf Courses. Available at
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.

22
located in constrained areas, e.g. land within water catchments
89
, under airport flight paths or
areas affected by Ministry of Defense (MOD) restrictions. Of these courses, thirteen
90
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)
95

and 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
/>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
Accessed on
May 28, 2013.
92
Singapore imports water from Malaysia. Visit
Accessed on May 28, 2013.
93
History of the Housing Development Board at
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
Accessed on August 14,
2010.
95
Statistical data from Public Utilities Board at
Accessed May 17, 2013.
96
Mathematical computation: 300 M (3) = 900 M (365 days) = 328,500 Billion gallons annually.

23
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
tournaments
99
, popularity and strong patronage of the game
100
, 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
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
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 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 Accessed on

December 19, 2010.

24
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 regulations also 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.

25
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.