Abstract:
Constitution of the Kingdom of Thailand (B.C. 2550) has a provision that shall support the right of person to live in every environment, called an environmental right. However, person cannot protect an environment which is a domain public of state. Thus, the main purpose of this thesis is to study in material obstacles of people participation in environmental cases in Thailand, and to compare claims in Thai law with claims in other foreign laws. Moreover, a limitation of the right to institute the environmental protection in the court of other countries shall be showed in this research too. These can be adapted for amending Thai law. From researching, the environmental law of Thailand still restricts the right to sue only for persons who has received injury through the commission of any problems. However, there is no restriction for any persons who are not an injury person to sue environmental cases in other countries. Thus, everyone can be protected under the environmental right. The researcher would like to give two suggestions for this problem. Firstly, Thai Constitution should be given a clearly meaning of an environmental right protection. Secondly, the right to institute environmental cases should be protected by Thai Constitution also. Furthermore, these suggestions do not make any conflicts with the basic rule in environmental right protection of Thai Constitution.