Legal Mechanisms to Protect Right to Live in the Decent Environment from Transboundary Pollution: A Case Study of Hong Sa Coal Mining and Coal Power Plant in Xayaburi Province, Lao PDR

Abstract

          This article tries to answer the question; Does Thailand has sufficient laws and mechanisms to protect right to live in the decent environment of its citizens from transboundary impacts that might come from other countries? This research chooses    Hong Sa Coal Mining and Coal Power Plant which is located in Xayaburi Province, Lao PDR as a case study. According to this study, Thai legal system, administrative mechanisms, and judiciary have accepted that right to live in the decent environment of Thai citizens has been enshrined as constitutional right and also has guaranteed in the statute since 1997 until nowadays. As a result, Thailand established many agencies and assigned them to protect and fulfil this right. Furthermore, Thai courts, both the Administrative Court and the Court of Justice, established environmental branches and produced procedural guidelines for applying specifically on environmental cases to increase the effectiveness of environmental case. In general, Thailand give high value on right to live in the decent environment and has done many things to guarantee this right.

          However, when consider transboundary impacts from big development projects outside Thailand, such as Hong Sa Coal Mining and Coal Power Plant, located in Xayaburi Province Lao PDR about 27 kilometers from Thai border, this study found out that even Hong Sa project might cause effect on right to live in the decent environment of Thai people, Thailand has no law, administrative mechanism and court that specifically are designed    for dealing with this kind of problems. Furthermore, existing laws, administrative mechanisms, and courts are not sufficient to protect Thai people from transboundary pollution. This means that Thai legal system cannot guarantee to Thai people that their right to live in the decent environment would be fully protected. To solve this problem and ensure this right, Thailand should negotiate with neighboring countries to make agreements on transboundary impacts, adjust its laws and administrative mechanisms to specifically deal with transboundary pollution as soon as possible.

            However, when consider transboundary impacts from big development projects outside Thailand, such as Hong Sa Coal Mining and Coal Power Plant, located in Xayaburi Provine Lao PDR about 27 kilometers from Thai border, this study found out that even Hong Sa project might cause effect on right to live in the decent environment of Thai people, Thailand has no law, administrative mechanism and court that specifically are designed    for dealing with this kind of problems. Furthermore, existing laws, administrative mechanisms, and courts are not sufficient to protect Thai people from this kind of problems. This means that Thai legal system cannot guarantee to Thai people that their right to live in the decent environment would be fully protected. To solve this problem and ensure this right, Thailand should negotiate with neighboring countries to make agreements on transboundary impacts, adjust its laws and administrative mechanisms to specifically deal with this kind of problems as soon as possible.