Authors:Piti Eiamchamroonlarp Pages: 1 - 27 Abstract: Thailand is bound by international obligations to prevent operational activities relating to exploration for suitable reservoirs and injection of captured carbon steams into reservoirs located in its territorial waters, exclusive economic zones, and continental shelfs without permission and regulation. Although the Petroleum Act B.E. 2514 (1971) was not enacted to directly regulate carbon storage activities, it recognizes a right of a petroleum operator under the law to utilize the carbon captured from the petroleum production to enhance the production process. However, carbon storage exploration and storage of carbon captured from the place or site outside of petroleum exploration or production blocks are neither activities conducted to identify existence of petroleum resources in situ nor extraction of the discovered petroleum reservoir, but, conversely, to examine and inject the captured carbon steamed into the reservoir. Hence, carbon capture activities are not subject to Section 23 of the Petroleum Act B.E. 2514 (1971) and its regulatory regime. To overcome this regulatory gap, it is recommended that a special law with capability to serve as a legal basis for authorization of carbon capture and storage activities as well as to establish a regulatory vested with regulatory powers to regulate relating operational activities. Prior to promulgation of the special law, the Cabinet may empower the Department of Mineral Fuels to carry out operational activities or collaborate with other competent entities for acquisition of geological data and information for database development necessary to develop a database for carbon capture and storage activities in the future. PubDate: 2023-07-27 Issue No:Vol. 41, No. 2 (2023)
Authors:Thossaporn Saensawatt Pages: 29 - 55 Abstract: This academic paper has a purpose to inquire whether there exists in the Thai legal system any legal provision which specifically stipulated “methods of interpretation of law”. The analysis focuses mainly on the concrete rules for applying the law provided by Section 4 of the Civil and Commercial Code. The results suggest that Section 4 of the Civil and Commercial Code is not a provision which laid down the “methods of interpretation of law” of the Thai legal system, but rather a provision regarding the “application of law”, that is, the provisions which determines the applicable scope of law, sources of law in the Thai legal system and the sequence of application, as well as recognized expressis verbis a methodological solution to the gap of law called “analogy”. In addition, this article contains an analysis of the logical connection between both subsections of Section 4 of the Civil and Commercial Code, delineated through the concept of the fulfilment of “the gap in the law”, as well as discusses certain principles to be relied upon when a gap or potential gap in the law was found. PubDate: 2023-07-27 Issue No:Vol. 41, No. 2 (2023)
Authors:Nuttawut Klaikham, Jessica Laglasse Pages: 57 - 85 Abstract: To become a lawyer, certain conditions must be fulfilled in all countries: a legal degree, citizenship, academic background, moral requirements, training, etc. Some similarities and differences can be highlighted depending on the country's legal and regulatory frameworks. The objective of this article is to analyze and compare how to become a fully-qualified lawyer in both France and Thailand in order to provide observations to improve the access to legal professions in Thailand. This article was written by using the literature review method from primary legal documents (such as legal provisions) and related regulations from France and Thailand.[1] Secondary legal documents (law books, official administrative reports, etc.) were also used in order to analyze and offer observations and recommendations concerning access to the legal profession in Thailand. This study demonstrates that becoming a lawyer in Thailand is similar to the French legal system in many aspects though differences between the two countries' systems certainly exist. Today, the process of accessing legal professions in Thailand is subject to major concerns and Thai jurists request reform. This study is relevant because access to the profession is currently being discussed in Thailand. PubDate: 2023-07-27 Issue No:Vol. 41, No. 2 (2023)
Authors:Donlaya Sangdao Pages: 87 - 113 Abstract: Minors are the vulnerable persons and lack the ability to freely consent, while consent to the processing of personal data is complicated.This article, therefore, aims to research activities, which minors can provide consent to the processing of personal data without parental consent. It also includes a study of the appropriateness of minors’ age prescribed in the Personal Data Protection Act B.E. 2562 as well as the adoption of Section 22, Section 23, and Section 24 of the Civil and Commercial Code as an exception to the case in which the minors have the legal capacity to provide consent on their own. According to the findings of the study, it appears that the activity that minors can independently do is providing consent to the data controller for allowing parents to access or request a copy of personal data on behalf of minors. However, there is an inconsistency between the defined minors’ age and medical research concerning cognitive development in children. In addition, the interpretation of Section 22, Section 23, and Section 24 of the Civil and Commercial Code to the case is still unclear. Therefore, the author suggests that there should be improvements on the Personal Data Protection Act B.E. 2562: by adopting and implementing the doctrines of legal capacity; and age of minors; including the standard for obtaining verifiable parental consent from the data protection law of the United States of America, European Union, England, and China. PubDate: 2023-07-27 Issue No:Vol. 41, No. 2 (2023)
Authors:Thidaporn Sirithaporn Pages: 115 - 142 Abstract: The disruptive development of digital technology (disruptive technology) has driven the world to enter a full-fledged digital economy era with digital technology at its core. The ubiquity of the digital economy will inevitably consequentially affect the economy and society in a myriad of dimensions, including within the domain of taxation. This raises the issue that the current principles of taxation in various countries, especially the collection of taxes from multinational enterprises, are outdated and unable to adequately cope with the disruptive environment within the digital economy era. Thus, over the past decade, there has been a wave of taxation reforms around the world so that tax collection in the digital economy is more aligned and appropriate. This research therefore aims to study the trend of tax reforms as a result of tax harmonisation. Looking at the changes in taxation at the national, regional, and global levels, it is found that the reform and integration trend has shifted towards a new world tax order which aims to establish global tax norms to support appropriate tax collection in the digital economy era. This research analysed the direction of such changes and contends that although the trend of tax reform and integration is moving towards a new world tax order, it has not yet developed to the unification level where there is a unified set of principles. It remains at the level of intergovernmental cooperation, in both bilateral and multilateral approach, emphasising on the use of both hard and soft laws. However, comparing to the old approach, the new world tax order focuses heavily more on employing multilateral instruments. In addition, this research presents how the shift toward a new world tax order as a result of such tax reform and integration trends has had significant implications for tax jurisdiction as well as national tax sovereignty. This creates both strengths and weaknesses that lead to problems, obstacles and opportunities that differ from country to country. PubDate: 2023-07-27 Issue No:Vol. 41, No. 2 (2023)
Authors:Awnrumpa Waiyamuk, Songsan Seejamraj Pages: 143 - 174 Abstract: This documentary research examines the state of legal problems that may arise from disputes before Thai courts regarding the legal parenthood of a child born out of surrogacy in cases with foreign elements. The findings reveal that Thai substantive law clearly states that lawful husband and wife intending to have a child shall be the legal parents of the child born out of surrogacy, whereas the application of the Conflict-of-Laws Rules Act, B.E. 2481 may lead to the application of foreign substantive law denying legal parenthood of the intending parents even in cases which the surrogacy is lawful under Thai law. To alleviate such effects, this study suggests the use of various mechanisms of Conflict-of-Laws Rules, such as renvoi, or international public order exception to limit the effects of the application of such foreign law in Thai courts. Moreover, the Conflict-of-Laws Rules should be amended to contain specific provisions for the issues of legal parenthood of children born out of surrogacy. PubDate: 2023-07-27 Issue No:Vol. 41, No. 2 (2023)
Open Access journal
[8 journals]
