Authors:Pattarawan Thongyai, Teerani Tepsumethanon Pages: 1 - 25 Abstract: Abstract Following the implementation of the Constitution of Thailand (B.E. 2540), Thailand has continually developed and enhanced constructive measures concerning the protection of injured persons, or victims’ rights, in accordance with the United Nations’ standards. However, Thai law regarding injured persons’ access to justice and fair treatment especially participation in criminal procedure and an opportunity to explain the impact of crimes on themselves faces some legal impediments and does not include the post-sentencing stage. Consequently, I conduct the comparative study of Thai and British legal systems on such issues to suggest further legal amendments to victims’ rights protection in Thailand. The proposed amendments are as follows: (1) collecting a victim personal statement in the trial and sentencing stage, as the right of a person injured by explicitly defined types of criminal offences; (2) modifying Ministerial Regulation Determining Privileges of Convicted Prisoners and Conditions for Convicted Prisoners Released on Remission or Parole (B.E. 2562) article 45 to include an injured person who is a victim of crime in a prison working team, giving them opportunities to express their opinions on the impact of offences in nominating eligible prisoners to a parole board. The parole board therefore would examine victims’ personal statements in granting parole for eligible prisoners, particularly in cases of violent and sexual offence. PubDate: 2022-03-31 Issue No:Vol. 40, No. 1 (2022)
Authors:Piti Eiamchamroonlarp Pages: 27 - 74 Abstract: Compensation for property-use restrictions in the case of energy network construction must reflect and fully cover impacts arising from property use restrictions. It shall not enrich the receiving party because the paid compensation will be incorporated into energy service fees which are ultimately passed on to the energy users. However, results of legal effective evaluation conducted by the researchers and the Office of Energy Regulatory Commission as well as those of comparative study reveal that the Regulation of Energy Regulatory Commission re: Criteria Methods and Condition on Compensation Calculation and Payment B.E. 2552 (2009) as amended by the Regulation No. 2 (2010) the Regulation No.3 (2013) and the Regulation No.4 (2021) lacks capability to fairly compensate the affected property owner and possessors. This is because its inability to compensate a property owner or possessors holding a land located inside and outside of the announced network area. It does not have tangible land valuation criteria and methods. Importantly, the compensation amount is based on fixed property-use restriction payment rates. Therefore, this research proposes a new Energy Regulatory Commission’s regulation that extends its coverage to a property owner or possessors holding a land located inside and outside of the announced network area. It contains details on tangible land valuation criteria and methods. It replaces the fixed property-use restriction payment rate with the flexible determination relying on the highest and best use principle. It allows competent officials to seek support in determining the compensation for easement from independent valuers. In ensuring that the compensation amount will be systematically determined in accordance with the highest and best use for land principle, this research defines and explains determining factors of land potential and land development options in the guideline on criteria and methods for determination and payments of compensation for property-use restrictions in the case of energy network construction. PubDate: 2022-03-31 Issue No:Vol. 40, No. 1 (2022)
Authors:Suphasit Taweejamsup Pages: 75 - 104 Abstract: According to the Constitution of the Kingdom of Thailand, B.E. 2560 and related laws, Members of the House of Representatives must perform their duties under the national strategy, master plans and national reform plans as frameworks for various government organizations. The powers and duties of the members of the House of Representatives play an important role for the development of labour laws. Therefore, it is necessary to collect and analyze goals, action plans, indicators, and various mechanisms defined in the national strategic plan, master plan and national reform plan for providing labour development guidelines. According to the research, it is found that there were 3 labor-related issues in the national strategic plan, including security. development and empowerment of human resources and the creation of opportunities and social equality. Each strategy provides a framework for state operations related to labour but current labour laws are inconsistent in many respects. Therefore, there are suggestions for members of the House of Representatives to resolve the inconsistencies. PubDate: 2022-03-31 Issue No:Vol. 40, No. 1 (2022)
Authors:Amnart Tangkiriphimarn Pages: 105 - 141 Abstract: In the ongoing trade and investment agreements negotiation between Thailand and the European Union (EU), the EU will likely request that Thailand agree to the use of international investment court (i.e., bilateral investment court) as the investor-state dispute settlement (ISDS) mechanism, which shall replace arbitration traditionally adopted in most investment treaties. This development conforms with the EU’s position found in its recently negotiated or concluded international agreements, which are Transatlantic Trade and Investment Partnership (TTIP), Comprehensive Economic and Trade Agreement (CETA), EU-Singapore Investment Protection Agreement (EU-Singapore IPA), and EU-Vietnam Investment Protection Agreement (EU-Vietnam IPA). This article aims to study the origin, characteristics, advantages, and drawbacks of such a new form of ISDS to identify observations and concerns that Thailand should consider in formulating its negotiation position and possibly prepare itself to be part of the system. According to the study, whereas the adoption of bilateral investment court may generate certain benefits, such as eliminating public suspicion about the decision-maker’s impartiality, it may not solve most of the ISDS problems at the center of Thailand’s concerns. In particular, the country shall be responsible for additional regular expenses, apart from other case-related expenses, either as a treaty party or a disputing party. In addition, it is doubtful whether the court would alleviate the problem of adjudicatory inconsistency as currently encountered in arbitration. PubDate: 2022-03-31 Issue No:Vol. 40, No. 1 (2022)
Authors:Anucha Achirasena Pages: 143 - 172 Abstract: The Constitutional Court of Thailand delivered a verdict on March 7, 2019 ordering the dissolution of the Thai Raksa Chart Party for nominating Princess Ubol Ratana as its prime ministerial candidate, citing customary law. However, this decision contained two problems in legal method: prioritizing customary law over constitutional provisions; and failure to prove elements of customary law. In addition, this ruling also implied that Royal Family members closely related to King, even those who had renounced their royal titles, could no longer hold political office. This decision changed the rule regarding the right of the Royal Family to hold political office in the Thai constitutional system and rendered ambiguous the degree of closeness to the King which blocked access to political office under this ruling. This article analysed related issues in the court’s legal method and the effects of the court decision. The Findings suggest that rules about rights of the Royal Family to hold political office should be clearly stated in the Constitution. PubDate: 2022-03-31 Issue No:Vol. 40, No. 1 (2022)
Authors:Phasan Thamparj Pages: 173 - 207 Abstract: Seafarers are operators who become a key force in keeping the maritime business moving efficiently. It is also the main mechanism for Thailand's maritime business to resist and to compete with the international community in a sustainable way. However, working at sea is definitely hazardous and risky especially when facing with high waves, strong wind conditions with unforeseen natural disasters. It is necessary for the States to enact legislation providing specific protection for seafarers in order to implement the International Maritime Labour Convention 2006 before expediting ratification of such international convention. Thus, when the Maritime Labour Act B.E. 2558 came into force, Thai seafarers were consequently affected in many practical aspects, especially the fact that seafarers were excluded from the social security system and the government's compensation fund, despite previously received by the Labor Protection Law. The facts in this study reveal that the content of some provisions on the protection of seafarers is unclear and may not be consistent with the said convention. So, this research study aims to present problems and urgent improvements to Thai maritime labour laws. In order to promote seafarers to receive fair protection on their benefits and to access to the state welfare in an equal manner to those of general workers ashore, the standards of seafarers’ protection are to be enhanced in order to promote the profession of seafarers to be decent work in line with the purpose of the aforementioned international convention. PubDate: 2022-03-31 Issue No:Vol. 40, No. 1 (2022)
Authors:Supatra Phanwichit, Wanwipa Muangtham Pages: 209 - 234 Abstract: The filing storage and classification of financial crimes is crucial for linking database on criminals, using statistical analysis on the trend of financial crimes, decide criminal policy on prevention and suppression of crime. However, at the present day, there are some problems in Thailand related to classification and filing storage which has not definition and form of storage in the same standard. The author proposes guideline for reform of filing storage system and classification of financial crimes by comparing with International Classification of Crime for Statistical Purposes and setting the draft Notifications on the Ministry of Digital Government Development Committee which called the filing storage system and classification of financial crime for the purpose of justice administration and making criminal policy by the virtue of Digitalization of public administration and services delivery Act B.E. 2562 (2019). This resulted in determining the form of filing storage system and classification of financial crimes to comply with international standard. This included authorization the role for the authority for filing storage, exchange, data security and propose guidelines for preparation of public sector stand ready to support filing storage system. PubDate: 2022-03-31 Issue No:Vol. 40, No. 1 (2022)
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