Guidelines for Improvement of Environmental Restoration and the Liability of Polluters in Thailand’s Environmental Law

Abstract

The objectives of this thesis are to study the rehabilitation and compensation of the lost environment and the liabilities of the Polluters being liable to the injured persons and society.  By which the injured persons in the environmental cases should receive proper, convenient, fast and fair compensation as the environmental problems must be hurriedly fixed either injured persons or the environment.  However, the Promotion and Conservation of National Environmental Quality Act (No.2),B.E.2561 (the Act) being currently enforced is unable to compensate the injured persons and rehabilitate the environment efficiently.

This study is a qualitative research focusing mainly on documentary research by studying from textbook, article, report, and research specifically the comparative studies with the minimum standard rules of the United Nations, the International Environmental Development, the rules of rehabilitation and compensation of the environment of the United States, Australia, Finland and Japan being the examples for consideration of this Act to be adjusted.

The result of the studies found that there are lots of gaps in several matters in the environmental law, i.e., the determination of cost for damages, guideline for justice proceedings in environmental cases, the Court’s power for rendering the judgment or ordering in the environment cases in conjunction with both civil and criminal penalties and administrative measurement for the offenders to be afraid of and remorseful with the responsibility for bringing back the lost environment.

Therefore, this thesis is of the opinion that the Act should be adjusted by way of defining the Court’s power for making judgment or ordering excess the lawsuit or the request to define the real costs of damages which have to be responsible by the Polluters or ordering for remedy and rehabilitation of the lost natural resource including the guidelines for the fast and convenient justice proceedings in environmental cases being for the benefit of the justice proceedings  and  the entire Nation accordingly.