Challenges in Legal Enforcement and Civil Liability in Regulating Air Pollution Under New Vehicle Emission Standards

Abstract

As of 2021, Thailand grapples with a pressing issue of air pollution that poses significant threats to public health, with one of the major contributors being the burgeoning automotive industry. This independent study delves into the causes, control mechanisms, and management strategies aimed at addressing the root causes of air pollution, with a specific focus on the legal aspects. Drawing inspiration from the exemplary Clean Air Act of the United States, renowned for its effectiveness in managing air pollution, this study seeks to provide insights that could inform the development of Thailand’s draft of a clean air act.

While Thailand has several environmental laws in place, the primary legislation in effect is the Enhancement and Conservation of National Environmental Quality Act B.E. 2535. However, this law, though comprehensive, lacks specificity when it comes to addressing the root cause of air pollution, particularly in the context of vehicle manufacturing. Therefore, it becomes imperative to institute precise measures that not only align with successful air pollution management models from other countries but also harmonize various standards and regulations into a unified system.

In pursuit of a more robust and effective approach, this study proposes the integration of legal and non-legal measures. This multifaceted strategy aims to foster a more sustainable transportation system while curbing air pollution emanating from vehicles. By adopting lessons from established clean air laws and combining them with innovative management strategies, Thailand can take significant strides toward mitigating the adverse effects of air pollution, thus safeguarding the health and well-being of its citizens.