โครงการวิจัยกฎหมายด้านสิ่งแวดล้อมของไทย

บทคัดย่อ

The study on Thailand’s Environmental Laws aims to: 1) Study the overall picture of Thailand as a legal state on its natural resource management and environment; 2) study and analyze laws concerning environment support and preservation of the quality of Thailand environment in order to evaluate their strengths and weaknesses; and 3) to learn about the opinion on the influential factors of law enforcement of the responsible organizations; including public and community participation according to the Thai constitution. Two models are employed in the analysis. Qualitative research consists of documentary research, focus-group interviews and case study research. Quantitative research consists of questionnaire data analysis. Results from the qualitative and quantitative research indicate that the Thai constitution of B.E 2550 clauses 66 and 67 allow individuals and communities to take part in the natural resource and environment management, especially in the maintenance of diverse biological entities. The establishment of independent organizations according to clause 67/2 as an attached clause, namely the Environment Support and Development Act of B.E. 2535 and the Public Health Act of B.E 2535 and other related laws which have not been improved to coincide with the Thai Constitution. As a result, the country natural resource and environment management is not effective and efficient. Moreover, the study also found that there should be campaigns to enhance public participation in the management of natural resource and environment. Some suggested activities are seminars on environment laws, more roles for natural resource and environment volunteers and villages. These volunteers should be assigned distinctive functions and ample budget for their work, especially in the form of “three-member group” consisting of the state, private, and public sectors. In order to enforce the laws, many environment laws should be improved and combined to create “unity” which can bring about fast and efficient cooperation among the public and officials. Another finding from the study pointed to more decentralization of the environment and natural resource management, from the center to the rural areas. There should be province and district committees on this management. The result of the independent variables pointed to the fact that the state, private, and public sectors have managed the natural resource and environment in the medium level and should be improved to the very good level in the future. Suggestions from the study are: 1) the independent organizations should be established according to the Thai Constitution of B.E 2550 and the National Environment Support and Maintenance Act of B.E 2550 and other related Laws should together be improved; 2) Public Health Act of 2535 should be improved and public participation role should be added; 3) the Environment Support and Maintenance Act of B.E 2535 should be improved by including the environment committees at the province and district levels in order to unite the Thailand’s environmental laws and to enhance good cooperation in every level of work, 4) Environment Act and other related laws should be improved and expanded to include the maintenance of environmental balance system and diversity of biological entities; 5) all environment laws should be united and improved as a whole for convenient cooperation by the public and officials who can understand the laws well enough to put them into practice; 6) volunteers on environment and national resource should be supported and budget be granted appropriately for their well-defined functions; 7) curriculum in every level of education should include courses which emphasize natural resource and environment protection; 8) media and various means of public relation on this topic should be created; and 9) decentralization of power to rural administrative organizations should be put into effect in order for them to exercise their roles in natural resource and environment management.

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