Legal Measures Concerning Civil Liability from Oil Spill in Thailand
Main Article Content
Abstract
The objective of this research article is to study and analyze appropriate legal measures regarding civil liability in the event of an oil spill from oil transportation, petroleum activities and oil leaks from other causes. This is because current legal measures have limitations in proving liability and limitation of measures to compensate for damage including the delayed process of recovering damage. As a result, the injured person may not be able to receive appropriate and speedy compensation. This research article uses a documentary research method by analyzing and comparing legal measures regarding civil liability in the case of oil spills in foreign countries, including the United Kingdom and the United States of America. This is to determine necessary legal measures regarding civil liability in the case of oil spills in order to remedy damages and restore the environment in a sustainable way. The research recommends that Thailand has to amend legal measures to cover all types of damages and establish a variety of damage remedies that cover liability from polluters, the government, and other damage remedies. In addition, Thailand has to specify the processes and agencies involved in compensating damages for appropriated and speedy remedies.
Article Details
References
Amaduobogha, Simon Warikiyei. “Adjustment of the International Legal Regime on Regulation of Accidental Pollution from Offshore Petroleum Operations.” PhD diss., University of Dundee, 2015.
Amnat Wongbundit. Environmental Law. 5th ed. Bangkok: Winyuchon Publishing House, 2024. [In Thai]
Amnat Wongbundit. Water Law. Bangkok: Textbook and Teaching Materials Project Faculty of Law Thammasat University, 2024. [In Thai]
Apasri Charoensrisakul. “International Environmental Protection Law Applicable to Thailand’s
Nuclear Power Plant Projects for Construction, Installation, and Operation.” (Master’s Thesis Faculty of Law Thammasat University, 2001. [In Thai]
Forster, M. J. “The Prevention of Oil Pollution Act 1971.” International and Comparative Law Quarterly 21, no. 4 (1972): 771-774.
Khetthai Sangkarpin. “Strict Liability of Environmental Law of England Compared with the Case of Thailand.” Thammasat University Law Journal 30, no.3 (2000): 389-408. [In Thai]
Marine Knowledge Base. “Oil Spill.” Accessed August 10, 2024. http://www.mkh.in.th/index.php?option=com_content&view=article&id=277&Itemid=235&lang=th. [In Thai]
Mingsan Khawsa-ard. “From the Polluter Pays Principle to the People’s Participation Policy: The Role of Economists.” In Globalization and the Environment on the Occasion, edited by Mingsan Khaosa-ard, 135. Chiang Mai: Institute for Public Policy Studies, 1990. [In Thai]
Murugason, Sharmini. “Cross-Border Pollution from Offshore Activities.” Accessed March 18, 2017. http://www.standard-club.com/media/1557899/crossborder-pollution-from-offshore-activities.pdf.
Phanat Tasaneeyanon. “The Law on the Protection and Conservation of Natural Resources.” Environmental Journal, no. 3 (1986): 20. [In Thai]
Patcha Chainarong. “Convention on the Establishment of an International Fund for Compensation for Damages from Oil Pollution.” Master’s Thesis, Faculty of Law Thammasat University, 2005. [In Thai]
Pawarisorn Lertthamthewee. Environmental Rights and the Constitution. Bangkok: Nititham Publishing House, 2016. [In Thai]
Scicluna, Nikita. “A Legal Discussion on the Civil Liability for Oil Pollution Damage Resulting from Offshore Oil Rigs in the Light of the Recent Deepwater Horizon Incident.” Master’s thesis, IMO International Maritime Law Institute, 2011.
Sirichanok Wiriyakuekul. “Law on Civil Liability for Damage from Oil Pollution Caused by Ships.” Academic Document, Academic Office, Secretariat of the House of Representatives, Accessed August 12, 2024. https://www.parliament.go.th/ewtadmin/ewt/parliament_parcy/ewt_dl_link.php?nid=45197. [In Thai]
Sunee Mallikaman. Environmental Law Enforcement. Bangkok: Nititham Publishing House, 1999. [In Thai]
Supawat Kanchanatireklap. “Marine and Coastal Resources Management in the Case of Oil Spills in Thailand.” Academic Document No. 1/2021, Marine and Coastal Resources Research and Development Institute. Accessed August 12, 2024. https://www.dmcr.go.th/detailLib/5632. [In Thai]
Teerarat Jirawattana. “Problems of Civil Liability for Damage from Oil Pollution: Analysis of the Draft Civil Liability for Damage from Oil Pollution Act B.E. ....” Master’s Thesis, Faculty of Law Thammasat University, 2005. [In Thai]
Tuangporn Piyawit. “The Notion of the Recovery for Pure Economic Loss in the Law of Civil Liability.” Master’s Thesis, Faculty of Law University of Chulalongkorn, 2011. [In Thai]
United States Coast Guard. “Oil Spill Claim.” Accessed August 10, 2024. https://www.uscg.mil/Mariners/National-Pollution-Funds-Center/claims/.
United States Coast Guard. “Oil Spill Liability Trust Fund.” Accessed August 10, 2024. https://www.uscg.mil/Mariners/National-Pollution-Funds-Center/about_npfc/osltf/.
Waranuch Phuwarak. “Problems in Environmental Litigation in the Court of First
Instance.” Course “Executive Judges in the Court of First Instance” Class 10, Judicial Civil Service Commission Development Institute, 2012. [In Thai]
Winnai Ruangsri, “Environmental Valuation: Experiences from the United States Judiciary” (paper presented at the academic seminar, “New Approaches on Development of Environmental Judicial Process,” Raphiphatthanasak Institute Research and Judicial Training Institute, Office of the Judiciary, June 22–26, 2009). [In Thai]