Judgment Issues of The Administrative Court in Community Rights Cases under The Constitution of the Kingdom of Thailand

Abstract

Despite the community rights being constitutionally recognized for over two decades, the lack of clarity in the details of the rights is an important obstacle to the Administrative Court in implementing the rights effectively. Therefore, this research aims to examine the concepts and theories related to community rights and decisions on significant international community rights disputes from both decisions of foreign courts and supranational dispute settlement bodies. To be used as a legal guideline for the Administrative Court. The study found that “Community rights” are “Collective rights” that have developed from international human rights and environmental law. “Communities” can use their legal rights by appointing individuals and/or legal entities that represent the community to bring cases to court on behalf of the community. As a result, in case of a dispute over constitutional community rights. If the Administrative Court considers that the plaintiff is the community rights holder and has the right to maintain their traditional way of life in the restricted forest area or the right to access and utilize other natural resources, etc. Despite that the court is unable to issue such a judgement. However, if the plaintiff requests compensation for their loss of the right to self-determination and/or the right to environment, the court can order an administrative agency to make a compensation payment to the plaintiff for the loss of such rights to maintain their traditional way of life in accordance with the standards of foreign court decisions.