Structural Reform of Clean Air Legislation: Comparative Lessons from Six Countries toward New Institutional Mechanisms and Regulatory Tools for Thailand
Keywords:
Clean Air Law, Right to Clean Air, Environmental Law, Comparative Legal StudyAbstract
This article analyzes Thailand's PM2.5 air pollution crisis, stemming from a fragmented legal framework and lacking of integrated mechanisms. The proposed Clean Air Act aims to establish a "Right to Clean Air" and establishing an integrated management mechanism. This documentary research compared clean air laws in six countries (USA, UK, Japan, South Korea, China, Philippines) based on key principles such as the right to clean air, the precautionary principle, and environmental rule of law. Evidence indicated that effective legislation required integrated governance structures, economic incentives, robust enforcement mechanisms, and strong public participation. Analysis of Thailand's current draft law revealed concerns regarding decentralization, the exclusion of the Pollutant Release and Transfer Register (PRTR) and citizen rights to sue related government agencies, the establishment of the Clean Air Fund, and cross-border pollution management. Recommendations are the following: improving the draft law by emphasizing co-governance, retaining scientific tools and access to justice mechanisms, establishing a transparent fund, and managing cross-border pollution, to ensure the law effectively addressing structural issues sustainably, and aligning with international standards.
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