Legal Reform Measures for Regulating Open Burning of Agricultural Residues toward Sustainable Air Pollution Management in Thailand

Abstract

Air pollution caused by fine particulate matter with a diameter of 2.5 microns or less (PM2.5) has become a severe environmental problem in Thailand, posing widespread adverse impacts on public health. One of the major contributors to this problem is the open burning of agricultural residues, which is commonly practiced by farmers as a land management method due to its low cost and operational convenience. However, open burning significantly degrades air quality, harms the environment, and infringes upon the public’s fundamental rights, thereby necessitating serious legal intervention by the state to control and address this issue.
This article aims to study and analyze the legal measures governing the control of open burning of agricultural residues in Thailand, with a particular focus on examining existing problems and limitations of current laws and policies. The analysis covers legal structures, enforcement mechanisms, and their suitability within Thailand’s socio-economic context. In addition, the article examines relevant legal principles and concepts related to sustainable air pollution management, including the principle of prevention, the polluter pays principle, and economic approaches to environmental problems. Comparative legal materials and international best practices are also explored in order to identify appropriate approaches that may be adapted to the Thai context.
This study employs a qualitative documentary research methodology, based on a comprehensive review of Thai and English-language sources, including books, textbooks, academic articles, research papers, theses, reports, legal documents, and reliable online resources.
The findings reveal that Thailand’s legal measures for controlling open burning of agricultural residues remain fragmented and lack effective inter-agency integration. The current legal framework primarily relies on punitive measures, while placing insufficient emphasis on economic incentives, technological support, and community participation. As a result, law enforcement has been ineffective in achieving sustainable solutions and may, in certain cases, lead to unfair outcomes for farmers.
Accordingly, this article proposes legal reforms that integrate environmental law with agricultural policies, strengthen the role of local administrative organizations, adopt supportive and incentive-based measures alongside regulatory enforcement, and protect the public rights to participation and access to environmental justice. Such reforms would contribute to sustainable and context-appropriate management of air pollution caused by the open burning of agricultural residues in Thailand.