Thai Legal Studies

Environmental Cases at the Supreme Administrative Court 2021–24

2025-07-13T12:07:51+07:00

This commentary examines selected environmental cases decided by Thailand’s Supreme Administrative Court between 2021 and 2024. It discusses noteworthy decisions related to admissibility requirements, in particular the issues of standing and filing deadlines, as well as relevant issues related to the merits of cases, such as environmental impact assessments (EIAs), proportionality between public interests and individual rights, the protection of legitimate expectations, and the continued relevance of post-coup laws. The commentary also contains a brief discussion of selected evidentiary matters.

Review of Tyrell Haberkorn, Dictatorship on Trial: Coups and the Future of Justice in Thailand

2025-07-15T18:14:26+07:00

Review of Tyrell Haberkorn, Dictatorship on Trial: Coups and the Future of Justice in Thailand, Stanford University Press (2024), 288pp., ISBN:9781503635463.

Review of Korrasut Khopuangklang, Juristic Acts, Contracts and Promises

2025-07-01T18:30:06+07:00

Review of Korrasut Khopuangklang, Juristic Acts, Contracts and Promises, Thammasat University (2024), 321 pp., ISBN 978-616-488-435-9.

The Constitutional Court Ruling No. 20/2567 re: Dissolution of the Move Forward Party Based On Actions Concerning the Amendment or Repeal of the Criminal Code Section 112

2025-01-21T21:24:27+07:00

Unofficial translation of Constitutional Court Ruling No. 20/2567, 7 August 2024. At the time of this online publication, an English translation of the decision had not been provided by the Constitutional Court.

Theoretical Problems of the Interpretation of Contracts in the Thai Civil and Commercial Code

2025-07-31T15:29:42+07:00

The Thai Civil and Commercial Code contains two main provisions dealing with the interpretation of a contract, namely, Sections 171 and 368. While the majority view takes the approach that these two provisions can be applied simultaneously, opponents argue that Section 171 must be applied before Section 368, provided that the parties’ common intention can be found. It is concluded that the second interpretative approach provides a more systematic method of interpretation than the first one on the basis that, inter alia, it distinguishes the application of Sections 171 and 368 from each other. Under the first approach, it is unclear how Section 368 interacts with Section 171. Moreover, it is not altogether clear how this approach deals with non-mandatory rules. However, the second approach functions effectively in most of the studied cases and does not cause inconsistent sequences of interpretation. Firstly, it seeks the parties’ common true intention, which can be established either subjectively or objectively, according to Section 171. Secondly, if Section 171 cannot be applied; the applicable non-mandatory rule takes precedence. Finally, if the non-mandatory rules are not applicable, the contract is to be interpreted based on ordinary usage and good faith according to Section 368.

Safeguarding Vulnerable Victims Under the Criminal Procedure Code

2025-07-31T15:29:39+07:00

Vulnerable people are individuals who may be at higher risk of harm or exploitation due to numerous variables such as age, physical or mental health, economic status or other factors that impact their ability to protect themselves. As a result, they need extra safeguarding or protection measures, particularly when they are the victims of crime. The protection of vulnerable victims is a fundamental principle of international human rights law and criminal justice systems worldwide. Therefore, several international legal instruments establish guidelines and obligations for states to protect the vulnerable. Thailand’s criminal justice system recognises such vulnerability and has enacted certain rules and measures to safeguard vulnerable victims, uphold their rights, and enable them actively to engage in, and fulfil, their roles within the criminal justice system. However, the current main regulation regarding the protection of victims of crime, the Criminal Procedure Code of Thailand B.E. 2477 (1934), has some limitations. This article aims to examine whether Thailand’s Criminal Procedure Code meets international standards for protecting the rights of vulnerable victims. It examines the legislative framework, regulations, and practical implementation of victim protection measures and analyses shortcomings in, and issues with, Thailand’s Criminal Procedure Code by comparing its laws and practices to international human rights standards. Analysis identifies areas where Thailand corresponds with worldwide best practice and where adjustments are required to ensure the protection of vulnerable victims. The article concludes with proposals aimed at enhancing the protection of vulnerable victims under the Criminal Procedure Code and ensuring that their rights are effectively protected within Thailand’s criminal justice system.