Problems Concerning The Declaration of The Air Defense Identification Zone Under The Act on Measures for The Suppression of Unlawful Acts Against Aircraft, B.E. 2553 (2010)

Abstract

The objectives of this research were (1) to study the problems concerning the declaration of designated identification zones for air defense under the Act on Measures for Dealing with Acts of Unlawful Interference Against Aircraft, B.E. 2553 (2010); (2) to analyze the problems related to the declaration of such identification zones under the aforementioned Act; and (3) to summarize, discuss, and propose solutions based on the analysis results. This qualitative research was conducted by examining relevant and currently enforced legal documents. Using Document Content Analysis, the issues were categorized according to the procedures for declaring designated zones, the roles of relevant agencies, the clarity of the law, and the impact on air threat prevention.

The findings revealed that: (1) Problems arose from the fact that the Minister of Defence and the Minister of Transport, across six administrations, had not jointly declared the designated identification zones for air defense in the Royal Gazette as required by Section 6 of the Act. This omission affected the preservation of national sovereignty, security, and safety, leading to neglect in safeguarding these interests, thereby causing violations of sovereignty as well as the dignity and prestige of the Kingdom of Thailand. (2) The absence of such declaration also impacted the enforcement of identification and verification procedures under Sections 7 and 9 of the Act, causing military personnel to lack confidence and trust, and to neglect strict compliance with their duties—from the highest level of command and control down to operational units across all three branches of the armed forces and civil defense agencies. (3) There were direct impacts on the preservation of sovereignty over the territory of the Kingdom, including: (3.1) encroachments affecting sovereignty over land areas; (3.2) encroachments affecting sovereignty over airspace; and (3.3) encroachments affecting sovereignty over maritime areas.