Subject of Rights: Environmental Rights Mechanism Suitable for Sustainable Protection and Preservation of The Natural Environment.

Abstract

This research consists purposes were 1. to study the relationship between environmental worldviews and environmental rights mechanisms 2. to compare rights mechanisms under the human-centered environmental law paradigm with the eco-centered environmental law paradigm 3. to study the rights mechanism of international environmental law. foreign laws and Thai laws and 4. to study mechanisms of environmental rights that are suitable for sustainable protection and preservation of the environment. is a qualitative research. A research tool is an interview form with a target group of 25 people from all purposive selection. The information gathered from interview forms and related documents were then content analysis. The results showed that 1) Human-centered environmental worldview, with the view that "Man above all and abuse nature" affects the thinking system that makes humans believe that “Humans are above nature. can control nature and nature is only a property for the benefit of man” 2) the difference in the recognition of nature as a legal person, the difference in designating the natural environment as the subject of right or object of right and the difference There is a difference in the definition of procedural rights and content rights 3) In the dimension of international law and law, many countries prescribe environmental legislation to ensure the rights of nature. In either written law countries or customary legal systems where courts establish their legal principles, the rights of nature are recognized. The law of Thailand does not recognize the rights of nature in any way. But environmental rights that appear in Thai law are only procedural rights in other laws. It is not a direct recognition of the rights of nature like foreign countries and 4) The recognition of legal person status to the natural environment as the subject of rights will result in the natural environment being directly protected. Therefore, it is an appropriate right mechanism to protect and preserve the environment sustainably.