Thai Law Enforcement of Obligations under the ASEAN Agreements on Environment

This research aims to study historical development and basic principles of obligations under the ASEAN agreements on environment in the ASEAN Social and Cultural Community (ASCC), and the measures of Thai law enforcement to comply with the obligations of ASEAN agreements on environment and of Multilateral Environmental Agreements (MEAs). Moreover, to analyze the mechanism of Thai law enforcement and of ASEAN environmental dispute resolution, comparing that of the European Union, as well as to recommend policies and measures to develop Thai law improvements for implementing ASEAN agreements on environment efficiently and effectively in the context of Thailand and ASEAN Community. The research applied a qualitative research methodology by documentary research methods using the collection of Thai and English documentary data and focus group meeting for the data collection from agencies and experts concerned by in-depth interview 27 key informants, dividing into 3 groups by purposive sampling according to the research objectives: (1) experts of state agencies, (2) experts of private agencies, and (3) experts academic institutions in order to undertake the triangulation of data collection process according to qualitative research methods and then proceeding data analysis by content analysis, logical analysis, and comparative analysis on Thai law enforcement complying to the obligations of ASEAN environmental agreements, the mechanism of environmental Thai law enforcement and dispute resolutions, as well as organizing the academic seminar to enquire opinions and suggestions from related experts and agencies, leading to complete research conclusion and recommendations. The results of this research found that Thailand has already implemented its obligations under the ASEAN environmental agreements and cooperation, as well as those of Multilateral Environmental Agreements (MEAs). In case of conflicts on compliance with the obligations of environmental agreements, there are many mechanisms of law enforcement in Thailand and other ASEAN members, of international law and of ASEAN dispute resolution on environment, such as Dispute Settlement Mechanism under the 2008 ASEAN Charter, and 2004 ASEAN Protocol on Enhanced Dispute Settlement Mechanism (EDSM), as well as mechanisms of dispute resolution at the global level, such as WTO dispute settlement mechanism, international arbitration or International Court of Justice (ICJ).