Authors:Thiti Waikavee Pages: 1 - 21 Abstract: Territorial sovereignty (TS) can trace back to the Peace of Westphalia 1648 and firmly recognizes as a core principle in international environmental law. In traditionally, the TS provides the sovereign right to nations/states in natural resource exploitation according to their own needs. However, it is argued that the absolute right freely authorizes nation/state to mistreat to their natural resources and even to ignore common responsibility to global environmental problems. This research paper points out that the TS is limited when the situation comes to global or transboundary environmental problems. It is out of date for a new geological epoch, “Anthropocene” meaning the epoch that human activities (including cultures and rules) have created significant impacts on the earth’s ecosystems. For international law, nation/state, which is recognized as a person in the international community, cannot deny that its activity causes the most severe impacts on the earth ecosystems. Hence, the nation/state shall not take the opportunity under the limitation of the TS to deny a common responsibility for protecting the earth’s ecosystem. This paper suggests reconsidering the state trusteeship and an initial concept of transnational environmental law PubDate: 2019-06-29 Issue No:Vol. 12, No. 1 (2019)
Authors:Kornkanok Wathanabhoom, Darunee Paisanpanichkul Pages: 22 - 53 Abstract: Transboundary project from the country of origin of investor to other states, at those states, the movement not only on financial supplies service and workers, but also human rights violation. One fact is affected people hopeless on domestic mechanism, one solution is trying to use mechanism in country of origin of the investors. Under the theory of international human rights, treaty or international convention aim to have state obligations to protect, respect fulfil. On the contrary, there are many state parties cannot do following the obligation. The effect that happen in other countries are made as not our business and claimed for refraining from international treaty obligations. The happen of extraterritorial obligation especially, “UN guiding principle on business and human rights (UNGP)” which is the first international document that provide the relationship of duty, obligation of state and business entities in terms of protecting and respecting human rights. Moreover, the UN encourage states to do “national action plan on business and human rights” for adopting UNGP to practice which proper to country’s context. Even though, there is not legal biding and are used by voluntariness, there are 19 states already have launched national action plan on business and human rights and Thailand is drafting it now. This paper review the attitude of Thai government to the human rights violation from Thai investment outside territory in terms of before and after be awakened to Extraterritorial obligation and UNGP. PubDate: 2019-06-29 Issue No:Vol. 12, No. 1 (2019)
Authors:Watcharachai Jirajindakul Pages: 54 - 79 Abstract: The concept of Corporate Social Responsibility (CSR) is considered an essential part of business operations. Although such an idea has been discussed for a long time, CSR still lacks the efficiency in deploying and enforcing in practice especially in the context of Southeast Asia region. Since the CSR concept is based on voluntary, there is no legal binding force. Additionally, have been considering CSR and the principles of ASEAN way in practice, it causes more challenge in implementation and applying the idea and principle. To study the challenges of implementing the concepts of CSR and the ASEAN way principle in the context of the ASEAN region, the author selected the Xayaburi Hydroelectric Dam as a case study, using storytelling technique for content analysis. The study showed that the adoption of CSR in the ASEAN context is problematic, that is, some problem in implementation and common understanding of CSR concept, particularly in the context of financial institutions are likely to be uncontrollable. For this reason, the author suggested that implementing other legal instruments to be used instead of will result in having practical solutions to control business when human rights abuse occurred. PubDate: 2019-06-29 Issue No:Vol. 12, No. 1 (2019)
Authors:Khemmachart Tonboon Pages: 80 - 106 Abstract: Homeless people are those who organize daily life in public spaces for living as well as making a living from it. They are often considered burdens on society and are conflated with criminality. In fact, homeless people are the group that is risky to face with violation of the rights and exclusion from the rights to adequate public services, social welfare, and various dimensions of social security. Regarding a survey on homeless people in Chiang Mai, it found that demographic background of homeless people is based on the northern region of Thailand and the causes of transformation to be homeless people are the problems of family breakdown and the need to live an independent life. Also, homeless people in Chiang Mai demand the basic necessities of life in public spaces and security for their lives and processions. However, to manage the problem of homeless people will be a cooperation from state institutions and other organizations that will help and lift up the quality of life of homeless people. The state institutions will implement relating laws to improve quality of life of homeless people and provide temporary shelters while other originations such as NGOs, intellectuals, and educational institutions will be the supporters for homeless people for gathering to create connections that will push forward the solutions for homeless people’s problems. The significant point in managing the problem of homeless people is to change the perception on homeless people who live in public spaces and treat them as human, not burdens on society, who need protection on right to basic rights and equality of treatment (social security) PubDate: 2019-06-29 Issue No:Vol. 12, No. 1 (2019)
Authors:Sorracha Sumethavanich Pages: 107 - 134 Abstract: The common understanding of a person in perceiving justice system is that in event of any damage or dispute, such a person is able to use legal mechanisms as a mean in protecting one’s right and state officials shall equally and straightforwardly enforce the law. However, this perception may not be applicable in the case of homeless people due to the difference of their social status that significantly affects on performances of state officers who enforce the laws. This article is a study of law enforcement on homeless people through interactions between homeless people and police’s perspectives. Since homeless people perceive themselves as marginalized people of the justice system while police officers recognize homeless people as different from others, this study thus questions on how these two perspectives impact on law enforcement in reality diverging from the legal world. PubDate: 2019-06-29 Issue No:Vol. 12, No. 1 (2019)
Authors:Duangden Nakseeharach Pages: 135 - 171 Abstract: Cyberbullying is a serious problem and new channel to harass or threaten other person and injure such person by using technology and internet to send the computer’s information via electronic devices, for example, computer website, blog, e-mail, text message or social media, etc., especially among young adults. This research aims at studying legal measures to prevent and control the cyberbullying in foreign countries, especially Canada, the United States and Great Britain comparing with Thailand’s existing laws. The research finds that the anonymity of cyberspace is the key factor of cyberbullying continually and repeatedly committed, therefore, it is easy and convenient to access than the traditional bullying. Furthermore, the perpetrator has not to be physically stronger than the victim. Moreover, cyberbullying causes the physical or mental injury of the victim, affecting their social interactions. According to the Attitude of the Students in Mahasarakarm University, Thailand, most of them think that cyberbullying is only an ordinary matter, i.e. teasing which any person has the right to do it except the students who used to be a victim themselves. Although there was a revision of Thailand’s Computer-related Crime Act (No. 2) B.E. 2560, there is no adequate and explicit provision to prevent and control such crime in many cases. For example, section 16 merely refers to disseminating, editing, appending or adapting image of other to impair the reputation of the other person or to expose the other person to hatred or contempt. However, this does not include importing or posting messages or image to make the victim feel depressed or degraded because it does not cause a direct damage of the reputation or emotional damage distress. Moreover, in Thailand, there has been a lack of competent agency to prevent and control cyberbullying effectively. PubDate: 2019-06-29 Issue No:Vol. 12, No. 1 (2019)
Authors:Tossapon Tassanakunlapan Pages: 172 - 197 Abstract: The Kingdom of Thailand has adopted the freedom of association to express on the natural resource and environment issues within the Constitution and many obliged international human rights instruments. However, certain subsequence laws and administrative measures have created the obstacles to the freedom of association and expression of the people in cyberspace. These deters undermine the ability of people to struggle on natural resource and environmental issues. From case studies, in Thailand and aboard, the using of internet for creating common space or virtual community in order to amplify the voice of the vulnerable groups is possible in many directives. Moreover, some failure practices shown in many case studies, the tactics or counter-measures by State or Corporation, also described the hardship of the people in public participation process. Either best or bad practices could be recognized as a caution and lesson learnt for developing people participation in public realm. Furthermore, the comparative study on legal documents and enforcements from foreign countries may provide the alternative forms to construct the better insurance, for supporting the right to associate in cyberspace for expression in the issues of natural resource and environment, for the Thai State. PubDate: 2019-06-29 Issue No:Vol. 12, No. 1 (2019)
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