DETERMINING DAMAGES IN ENVIRONMENTAL CASES : A STUDY OF TOXIC CHEMICALS

Abstract

ABSTRACT

This documentary research thesis studies the nature of determining damages in environmental cases with three objectives: (1)examining the challenge of setting compensations for current environmental cases impacting those affected by toxic chemicals,(2)The background, objectives, and criteria for establishing compensation according to United States and English law are also comparatively evaluated, as well as toxic chemical environmental cases using the compensation principle. (3)Thai environmental law principles on civil liability and determining compensation in damage cases for individuals and the state are likewise analyzed to ensure accuracy and formulate guidelines for arriving at efficient compensation. Data was collected and comparatively analyzed from Thai and foreign laws of the United States through the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the United Kingdom through relevant punitive damages law to regulate toxic chemical damages.

Results were that the The Enhancement and Conservation of National Environmental Quality Act B.E. 2535 (1992) stipulates polluter liability for damages resulting from pollution leakage or spread by applying strict liability rules and the polluter pays principle (PPP); yet plaintiffs must prove that damage was caused by the defendant's actions, following the PPP. Therefore, other damage considerations may be covered, such as ecosystem damage impact and damage restoration. Additionally, expert witness special knowledge and skills of science, technology, the environment, and economic theory are needed to prove damages. Court discretion in determining damages in environmental cases remains moot, as problems and obstacles remain in resolving issues caused by toxic chemical damages. In determining these, the court must consider only evidence presented by the plaintiff, making it impossible to prove all damages because chemical results appear gradually.

These findings suggest that criteria for determining damage amounts in toxic chemical environmental cases should be in specific law. and not limited to compensation for damages incurred Thus, add the compensation principle for civil damages and nforcement of penalties should be considered to resolve this problem and boost efficiency.The punitive damage principle  as a deterrent from future recurrence.Punitive damage compensation criteria for should be defined clearly, fairly, and appropriately.