Problems and Guidelines Concerning the Application of Water Justice Principle in Thai Legal System for the Sustainable Development
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Abstract
Water justice is a principle that aims to encourage stakeholders in water management to consider various issues in a comprehensive manner. This will result in the allocation of water and other expenses fairly to all parties, including humans, animals, plants and people in the next generation. Studies indicated that the current water law of Thailand has some part of the water justice principle such as the principles of water users pay, polluters pay. However, water law of Thailand lacks criteria for considering water justice in all levels of water organization, clear quota of water usage right of each province, real public participation in water management and legal academic work relating to the principle of water justice. Furthermore, politics in water management and people’s attitudes towards water resources are causes of water injustice in Thailand. Therefore, this research proposes as following (1) incorporate the concept of water justice to the goals and missions of water organizations in Thailand, as well as providing the criteria and decision-making principles for all level of water organizations as working guideline (taking at least 5 dimensions of water justice as criteria for consideration [Fair distribution of benefits and burdens, recognition of all stakeholders in water management and water utilization, public participation, ecological protection and Non-discrimination due to cultural differences]), (2) providing clear public participation principles as an aim of water organizations and process for recruiting stakeholder and hearing stakeholders for water planning and management in laws and regulations, (3) establishing the provincial proportion of water usage management system and (4) increasing studies, researches and teachings on water justice issues, in particular, in dubio pro aqua principle.
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References
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