GUIDELINES FOR AMENDING LAWS ON PROPER MANAGEMENT OF AIR POLLUTION PROBLEMS

Abstract

Abstract

This research aims to 1) To study concepts and theories on air pollution management. 2) To study legal measures on air pollution management in foreign countries and analyze issues that may be applied in Thai law. 3) To propose guidelines for improving Thai law to support the right to clean air and manage air pollution appropriately. This qualitative research analyzed documents from relevant Thai laws, such as the Promotion and Conservation of National Environmental Quality Act B.E. 2535 (1992), the Public Health Act B.E. 2535 (1992), the Factory Act B.E. 2535 (1992), and the Land Transport Act B.E. 2522 (1979), as well as successful laws and measures in foreign countries, including the Clean Air Act of the United States and the Clean Air Zone of the United Kingdom.

The research found that the Thai legal system lacks clarity. Solutions include the lack of a primary law-level enactment of the right to clean air, the unclear and lax authority of agencies, interagency coordination, and the absence of economic incentives. A comparison of international laws reveals that the US law (CAA) establishes air quality standards, provides effective penalties, and provides citizens with access to information and the right to sue. Meanwhile, the UK measure (CAZ) uses economic mechanisms and detection technology to control pollution sources. Based on the analysis, the researchers offer six policy recommendations: (1) enacting the right to clean air at the legislative level; (2) establishing a central agency with enforcement authority; (3) integrating relevant agencies and laws; (4) using economic measures and incentives; (5) promoting public participation; and (6) designing a draft Clean Air Act that emphasizes human rights protection, transparency, and environmental sustainability.