Environmental Law Enforcement Issues in the case of Black-Chinned Fish in Thailand

Abstract

The problem of the spread of Black - Chinned Fish to other provinces caused by the movement of fish related to law enforcement and environmental management in Thailand is effective and immediate. The results of the study showed that: 1) Civil lawsuits and class action lawsuits for tort liability of polluters under the National Environmental Quality Promotion and Preservation Act, B.E. 2535 (1992), private parties who are victims cannot exercise their right to sue for environmental lawsuits under Section 96 because the definition of "pollution" under Section 4 does not include living things, but civil lawsuits can be filed for general torts under Sections 420 and 433 of the Civil and Commercial Code. 2) Administrative lawsuits against government agencies and government officials. In case of neglect, failure to comply with the law, or unreasonable delay or failure to take any action in the performance of natural resource conservation duties that cause damage to the public, it is possible to do so in accordance with Section 42 and Section 72(2) of the Act on the Establishment of Administrative Courts and Administrative Trial Procedures, B.E. 2542 (1999). The suggestion is to amend Article 4 on pollution to include living organisms, so that private victims can exercise their right to file environmental civil lawsuits strictly according to the principle of strict liability. The burden of proof falls on the defendant instead of the plaintiff, which will improve the enforcement and management of the law.