Legal measures on Injured Person’s Protection in Case of Environmental Wrongful Acts

Abstract

Environmental pollution leads to public damage relating to life, body, health, sanitation or property. People who suffer from the various types of pollution can be regarded as injured persons from wrongful acts according to the law. In Thailand, the procedure for compensation and remedy due to this kind of damage is mainly through prosecution in court which is complicated and troublesome for the injured persons or plaintiffs. In relation to the procedure for compensation and remedy in case of environmental wrongful acts in Thailand, the government should launch the legal measures on injured person’s protection in the same direction as those applied in Japan which provide compensation funds for health damage caused by environmental pollution. Furthermore, the legal measures on this matter applied in Indonesia by appointing an authorised committee, that can examine and consider an appropriate amount of compensation in case of life, health and property damage caused by environmental pollution, should be adopted as well. Regarding the court procedure in case of environmental lawsuits, The National Green Tribunal Act 2010 of India can be used as a model law. In addition, in terms of compensation and remedy, Thailand should establish the same standard as provided in The Pollution Related Health Damage Compensation Law, Law No 111, 1974 of Japan.