ศึกษาเปรียบเทียบแนวทางการกำหนดค่าเสียหายต่อทรัพยากรป่าไม้ตามกฎหมายว่าด้วยอุทยานแห่งชาติของไทยและสหรัฐอเมริกา

Abstract

ABSTRACT

Damage to forest resources may be caused by trespassers, deforestation, reclamation or fires while using them as raw material or illegally occupying protected areas. This thesis made an international comparative legal study comparing laws determining forest resource damage following civil liability principles in Thailand and The United States of America. The goal was to identify guilty parties to compensate for losses, although forest resource damages cannot be monetized by using market prices to restore all damages. Research has indicated that in many countries, economic damage and cost of restorative response to injury may account for damage assessment costs or processing expenses for obtaining compensatory costs for governments to restore forest resources to baseline conditions. Thai law has no clear definition of natural resources and some statutes lack rules for calculating natural resource damage value, including not determining damages from the cost of response to an injury. 

Therefore, it is recommended to add definitions of natural resources to Thai law, as well as a definition of total value of natural resources, including direct and indirect use value of forest resources. Secondary legislation should be prepared, prescribing criteria for calculating damage value and a database system for forest resources developed for agencies to compare forest resource conditions before and after damage occurs.