The Legal Issues of Compensation and Remediation Measures in Trespass Cases within Thailand's Conservation Forest Areas

Abstract

Currently, Thailand employs strict civil litigation to address trespassing in conservation forest areas. However, challenges arise as evidence from environmental economics, utilized by public authorities to assess environmental damages, is often disputed by involved parties. Furthermore, there is a lack of emphasis on the participation of all relevant parties in law enforcement processes. Additionally, the Court of Justice faces limitations in determining appropriate remedy measures for incurred damages. These shortcomings contribute to an unjust restoration of conservation forest areas affected by trespassing.

This article explores potential solutions to address the limitations in determining compensation and remedy measures in civil cases of trespassing within Thailand's conservation forest areas. To inform these solutions, a comparative analysis with the legal processes in the United States of America is conducted. Thus, the article aims to suggest amendments, improvements, additions, or interpretations of existing laws pertaining to compensation and remedy measures concerning damages resulting from trespassing in Thailand's conservation forest areas for more appropriate outcomes.