Air Pollution Problems in the Case of Transboundary Haze: Considerations for the Establishment of Legal Measures to Address the Transboundary Haze Problem in Nakhon Phanom Province

Abstract

Background and Aims: The National Environmental Quality Promotion and Preservation Act of 1992 and local government laws do not contain any provisions clearly defining the control of transboundary haze air pollution. This research therefore aims to (1) study the problems of transboundary haze air pollution caused by the Lao People's Democratic Republic, (2) study the concepts and theories regarding the control, prevention, and elimination of air pollution, (3) study the use of environmental law measures in Thailand and foreign laws in solving the problem of transboundary haze air pollution, (4) analyze the issues of using enforcement measures to solve transboundary haze air pollution in Thailand and the Transboundary Haze Pollution Act 2014 of the Republic of Singapore, and (5) suggest legal methods to amend environmental laws to include the control, prevention, and elimination of transboundary haze air pollution by requiring government agencies, including local officials, to use enforcement measures against owners or possessors of air pollution sources in the Lao People's Democratic Republic that affect Nakhon Phanom Province.

Methodology: This qualitative research examines textbooks, books, research papers, theses, articles, environmental laws, judicial and state rulings, official documents, and publications from various agencies related to the National Environmental Quality Promotion and Preservation Act B.E. 2535 (1992), as well as local government laws. The study focuses on issues concerning the control, prevention, and elimination of transboundary haze pollution originating from the Lao People's Democratic Republic and affecting Nakhon Phanom Province, comparing it to the Transboundary Haze Pollution Act of 2014 of the Republic of Singapore.

Result: This research found that the National Environmental Quality Promotion and Conservation Act B.E. 2535 (1992) and local government laws stipulate the promotion of knowledge on pollution control and support for the operation of controlling, preventing, and resolving environmental pollution problems for local administrative organizations, including: (1) resolving problems of pollution sources that fall under the scope of the law, namely, controlling dust from construction, controlling air pollution from open burning, and providing advice on the management of hazardous waste from communities in their local areas; (2) applying concepts, theories, or measures to enforce environmental laws concerning sources of air pollution within the locality, with the law promoting the capacity building of local administrative organizations to control air pollution that may occur in the area or in the country as announced under Section 59; (3) government agencies and local officials use environmental law measures to control, prevent, and eliminate transboundary haze air pollution, but this is not yet effective because the law does not specifically grant local officials the authority to control transboundary haze air pollution; and (4) the use of law enforcement measures to resolve transboundary haze air pollution in Thailand differs from the Transboundary Haze Pollution Act 2014 of the Republic of Singapore, which stipulates that individuals or legal entities with business in the Republic of Singapore and business abroad, where the business abroad causes air pollution that affects the people of the Republic of Singapore, are subject to enforcement measures. The injured party can take legal action against any individual or juristic person who has business in the Republic of Singapore. (5) Suggest by searching for legal methods to amend environmental laws to control, prevent and eliminate transboundary haze air pollution by assigning authority to government agencies and local officials to enforce the law against owners or possessors of sources of transboundary haze air pollution in the Lao People's Democratic Republic that affect Nakhon Phanom Province.

Conclusion: The ASEAN Agreement on Transboundary Air Pollution Mitigation is based on the key principles of consensus-driven governance and non-interference in the internal affairs of nations. It frames cooperation in controlling air pollution within each country, assigning responsibilities to ASEAN member states for control, inspection, monitoring, campaigning, and law enforcement according to their respective national measures. However, Thailand's environmental law currently lacks provisions for enforcing regulations against air polluters originating from abroad. This prevents officials or citizens affected by transboundary haze from directly enforcing laws against foreign polluters. This contrasts with Singaporean law, which allows officials or affected parties to directly prosecute employees, shareholders, or stakeholders in projects or businesses within Singapore who also operate overseas and whose foreign activities cause air pollution impacting Singapore. Amendments to Thailand's environmental law could significantly improve the effectiveness of controlling transboundary haze.