ราฆพ ศรีศุภอรรถ = Rakop Srisupaat. การนำมาตรการทางเศรษฐศาสตร์มาใช้ในกฎหมายเพื่อป้องกันควบคุม และแก้ไขปัญหามลพิษจากโรงงานอุตสาหกรรม = The Utilization of Economic Measures to Determine The Laws for Controlling Protection and Solving The Pollution Problem Caused by Pollutants Remitted from the Factories. ปริญญาโท(นิติศาสตร์). มหาวิทยาลัยรามคำแหง.สำนักหอสมุดกลาง. : , 2544.
การนำมาตรการทางเศรษฐศาสตร์มาใช้ในกฎหมายเพื่อป้องกันควบคุม และแก้ไขปัญหามลพิษจากโรงงานอุตสาหกรรม = The Utilization of Economic Measures to Determine The Laws for Controlling Protection and Solving The Pollution Problem Caused by Pollutants Remitted from the Factories
Abstract:
Since early 19 th centuly, most countries to adopt the idea of economic Liberalization as guideline for implementing economic development policies. One could evidence this through continuous development of trade and investment, especially in manufacturing sector. Nevertheless such phenomenon, besides benefiting the economy as a whole, could also create some adverse impacts for mankind; i.e exploitation of natural resources, damage on ecology and the way we live. Multinational Organization such as the United Nations as well possible remedies regarding these issues. Finally, they come up with 2 major causes for natural resource damages; namely, exploitation of national forests as well as the release of toxic waste into ecological system. Therefore, based on real experience from developing countries confronting these natural resource problems, there have been some proposals on setting up an authorized regulation standard regarding these issues. Standardization ofstrict law enforcement would ultimately serve as a practical benchmark for those developing nations, such as Thailand, to follow in terms of managing their manufacturing standard procedures while incurring minimum damage to natural resouTces. Unfortunately, in the past Thai government tended to aim their economic growth policy via export promotion without concerns over practical damage on natural resources resulting from manufacturing facilities. This somehow led Thailand into the practical problems of monitoring environmental damages as due to manufacturing sectorRegarding this issue, there are 2 majors Thai standard laws enforcements, for regulating and controlling toxic waste release from manufacturing facilities; namely, The promotion and Reservation on the National Environmental Quality Act B.E.2535 and the Factory Act.BE.2535 governing manufacturing activities through direct orders and controls for production facilities to follow. In addition, these two Acts also contain their punishment roles under criminal, civil and administrative measures for violators. Nevertheless, the implementation of these enforcements still have pose some problems for Thailand in real practice: e.g., standardization of law enforcement to be the same internationally could pose problems as those developed countries which have more advantages in terms of human resources, technology and less budget constraints, criminal measures might in fact could confront some loopholes in identifying and punishing the origin of malpractices, civil measures could some loopholes in identifying and punishing the origin of maipractices, civil measurer could have problems in evidence proving of damage claim calculation, administrative measure could face the uncertainty in decision making and real practice, These would make the existing enforcement measures fail to fully captured, monitor and manage all pollution issues effectively. Supplemental measures; therefore, should also be implementedalong with the existing enforcement. One of the measures to be considered is "economic type measure" which is based on the idea that natural resources and adverse externalities on environment are not free commodities and hence could be priced - any damages done from exploitation of natural resources must be priced and entitled for financial compensation. This type of measures could be classified into 3 sub-' categories; namely, monetary & fiscal, marketing as well as incentive-creating policy (in terms of technology-upgrading for enhancing long term efficiency). In addition, each individual sub-category contains set of tools and methods for optimal implementation results suitable with specific type of environmental damages.The implementation of economic type-measures could be used in conjunction with the existing enforcements, to serve as a hybrid integrating the science of Economics with the Foundation of laws & regulation. Mutual benefits would emerge in terms of reductions on conflict of interest and on gaps between the written laws and actual implementation procedures-to be more consistent with international standard. The bottom line is that the cost of damaging environment should be compensated by direct polluters (i.e., the Polluter Pays Principle - PPP)