หลักการว่าด้วยการคุ้มครองสิ่งแวดล้อมต้องไม่ถดถอยลงตามกฎหมายสาธารณรัฐฝรั่งเศส (Le principe de non régression du droit de l’environnement)

Abstract

This article aims to introduce the principle of non-regression in environmental protection, which is an important principle of environmental law, and a progressive approach to environmental protection. The principle prevents a reversal of environmental protection law. This enables legislators and executives to recognize that legislation or regulation should not undermine existing environmental protections based on the fundamental principles of developed environmental law : the precautionary principle ; the principle of prevention ; the polluter-pays principle and the principle of public participation in the environment ; the principle of sustainable development and the principle of environmental integration; as well as the concept of environmental universalism and other principles of environmental law developed and accepted. By exploring the meaning and essence of the principle, scholarly information supports the progressive role of the state in environmental protection. It also highlights the challenges of integrating environmental protection and economic development.

An example of a study of the evolution of this principle in France, presents court decisions in the French Republic that the Constitutional Council ruled in principle and legislative value. And the French Administrative Court applies this principle when ruling on environmental cases. Studying the information in this article is therefore beneficial for the development of environmental laws in Thailand. In particular, including the principle of non-regression of environmental law in Thailand.