Lawyers for the companies say the most galling aspect of the injunction is that they could not possibly comply with the law because detailed regulations have yet to be written, a problem that the government acknowledges.
The generals who carried out Thailand’s 2006 military coup promulgated a new Constitution that strengthened environmental law, requiring detailed studies before the approval of any project that causes “serious impact” to the environment or people’s health.
But “serious” was never defined, and specific guidelines for companies were never drawn up, partly because government officials had been distracted by Thailand’s continuing political turmoil.
“Right now, companies don’t know which way to turn,” said Sivapong Viriyabusaya, a partner in Bangkok at the law firm Baker & McKenzie, which is representing companies affected by the injunction. “They want to comply, but they cannot because there are no rules.”
BP: One could blame the Abhisit government for this, but then one could equally blame Surayud, Samak, and Somchai governments. However, BP blames the constitutional drafters. They have put in a number of aspirational rights in the Constitution, but no government can implement them now. More on that at 8am.