When one looks at the real legal policy carried out by the Thai government, one will find the lack of a developed legal concept of public participation in terms of a public duty, and not only of a right. Secondly, there is a lack of an effective normative mechanism for public participation. The root of those weaknesses lies in different moral values which the Thai government pursues. The official Thai policy for environmental protection is that it should not hinder economical development in Thailand, and should not damage competitiveness of Thai exports(10). Pragmatic-economic approach may appear in the view of the majority of Thai as justifiable, since Thai economy is in a deep crisis, and heavily relies on exports. It does not appear, however, that this approach can be reconciled with Thai folk wisdom, which offers a different ethical foundation for constructing national environmental policy. Thai folk ethics is directed more toward virtue rather than material affluence. It is directed towards harmony with the environment rather than its ruthless exploitation.

It would appear that the Thai Constitution can satisfy both trends in environmental policy: one supported by the government and directed to the goals of material prosperity though continuing industrialization of the country, and one supported by Thai folk wisdom directed to the harmonious living with nature. In exploring further the rest of Thai legal materials related to public participation in environmental protection, it can be seen that there is very little place left for Thai folk values to play any significant role. The main Thai statute on environmental protection: Enhancement and Conservation of National Environmental Quality Act (1992) can be taken as an example.

Part 8

---

(10) Pornchai Danvivathana. “Thailand and International Environmental Law.’ In: Thammasat Law Journal. – Vol. 30. No. 1. 2000. – P. 46-47.