THE IMPLEMENTATION OF STRICT LIABILITY OF LEGAL ENTITIES IN ENVIRONMENTAL DAMAGE CAUSED BY POLLUTION IN THAILAND

Abstract

This research aims to study the application of strict civil liability to legal entities responsible for pollution, analyze the impacts of pollution caused by such entities, and propose suitable legal development guidelines for Thailand. The study adopts a qualitative research approach, gathering in-depth information through document analysis and interviews with seven key informants. The data were analyzed using descriptive content analysis.

The research findings reveal that:

1. The applying the principle of strict civil liability to legal entities responsible for pollution is appropriate, as it eliminates the need to prove negligence or intent. This approach can be effectively used in pollution cases, ensuring faster and fairer legal proceedings. However, the enforcement of such laws in Thailand currently faces several challenges, including limitations in legal procedures and enforcement mechanisms. Addressing these limitations is essential to achieving more effective environmental protection.


2. The research also highlights that industrial activities are a significant source of increasing pollution, leading to severe environmental and public health impacts. Existing liability laws are based on general legal principles, which require direct evidence linking pollution damages to the polluter. This evidentiary burden creates challenges in seeking justice and emphasizes the need for legal reforms tailored to Thailand's specific context.


3. Finally, the study recommends the development of laws that integrate the principle of strict civil liability for pollution cases. This would expedite legal proceedings and enhance fairness by removing the need to prove negligence or intent. Additionally, collaboration among relevant agencies in law enforcement is necessary to improve the efficiency of pollution control and address issues caused by legal entities in the future.