Thai Legal Studies
https://so01.tci-thaijo.org/index.php/tls
<p><em>Thai Legal Studies </em>(TLS) is an open-access online journal published in English by the Thammasat University Faculty of Law, Bangkok, Thailand. It seeks to publish original articles reflecting high quality research and analysis about the legal system in Thailand, including its laws, institutions, and jurisprudence, as well about legal issues more generally affecting Thailand. For scholarly articles, TLS uses the double-blind method of peer review whereby neither the author nor the reviewers know the identity of the others involved in the process.</p>en-US<p>Authors retain copyright and publishing rights without restrictions but grant <em>Thai Legal Studies</em> (TLS) the right of first publication in English. Authors also grant TLS a license to publish and distribute the work under a Creative Commons Attribution 4.0 International Public <a href="https://creativecommons.org/licenses/by/4.0/legalcode">License</a> that allows others to share the work, including the making of further translations, provided that an acknowledgement is given of the work’s authorship and its initial publication in English by <em>Thai Legal Studies</em>.</p> <p>Submission of a manuscript to TLS constitutes acceptance by authors of the terms of the license as outlined in this section, and authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the TLS published version of the work (e.g., post it, including any earlier versions of the manuscript, to an institutional or other repository, or to publish it in a book), with an acknowledgement of its initial publication in <em>Thai Legal Studies</em>.</p>[email protected] (William Roth (Managing Editor))[email protected] (Pimtawan Nidhi-u-tai)Sat, 30 Dec 2023 10:44:11 +0700OJS 3.3.0.8http://blogs.law.harvard.edu/tech/rss60Tenets Spoken by Indra: A Translation of the Discourse on Good Judgement from the Three Seals Law
https://so01.tci-thaijo.org/index.php/tls/article/view/269220
<p>The Tenets Spoken by Indra is a discourse on good judgement from the Ayutthaya-era Three Seals Law. It has a lecture on avoiding the four wrong courses (agati), which is conventional for old legal texts in Buddhist societies, but in other ways is rather unusual. It may be unique among such old law texts in giving Indra the leading role. Its instructions to judges on reaching a good judgement employ several unusual figures of speech. It may technically still be in force. We believe this is the first full English translation of the text.</p> <p><em> </em></p> <p> </p>Chris Baker, Pasuk Phongpaichit
Copyright (c) 2023 Chris Baker, Pasuk Phongpaichit
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https://so01.tci-thaijo.org/index.php/tls/article/view/269220Sat, 30 Dec 2023 00:00:00 +0700Asian Comparative Constitutional Law Volume I: Constitution-Making
https://so01.tci-thaijo.org/index.php/tls/article/view/270077
Patharanist Wannapoglang
Copyright (c) 2023 Patharanist Wannapoglang
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https://so01.tci-thaijo.org/index.php/tls/article/view/270077Sat, 30 Dec 2023 00:00:00 +0700Smart Cities in Asia: Regulations, Problems, and Development
https://so01.tci-thaijo.org/index.php/tls/article/view/269194
Benjamin Ivry
Copyright (c) 2023 Benjamin Ivry
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https://so01.tci-thaijo.org/index.php/tls/article/view/269194Sat, 30 Dec 2023 00:00:00 +0700Enigmatic Aspects of “Time Is of the Essence” in Construction Law of Thailand: A Comparative Study of Common Law in England and Australia
https://so01.tci-thaijo.org/index.php/tls/article/view/262870
<p>This article studies intricacies of the statement “time is of the essence” in a legal context, in relation to construction delays in Thailand, comparatively analysed in terms of law in England and Australia. Notably, the Supreme Court of Thailand has applied “time is of the essence” in a broader manner than its counterparts in England and Australia, surpassing boundaries set by Section 596 of the Thailand Civil and Commercial Code (CCC), the provision explicitly recognising the concept. These findings suggest that while this Supreme Court approach may aspire to fairly resolve construction disputes, its application beyond the statutory framework leads to legal uncertainties, potentially significantly impacting construction contract administration.</p>Thanapat Yaemklin, Kumpon Kittipongpattana
Copyright (c) 2023 Thanapat Yaemklin, Kumpon Kittipongpattana
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https://so01.tci-thaijo.org/index.php/tls/article/view/262870Sat, 30 Dec 2023 00:00:00 +0700Prime Ministerial Term Limit: Adopted, Abused, and Abandoned
https://so01.tci-thaijo.org/index.php/tls/article/view/269967
<p>Since 2007, Thailand has introduced a prime ministerial term limit into its constitutional system. However, the purpose of this term limit appears not to prevent an elected tyranny but rather to obstruct enemies of the conservative establishment who have been entrenching their presence in Thailand’s volatile politics. The measure was put to the test when Prayuth Chan-ocha, the junta leader and one of Thailand’s longest serving prime ministers, hit the eight-years term limit. The Constitutional Court was willing to ignore the law and save him. This article traces the adoption of the prime ministerial term limit and highlights the constitutional court decision as a case study of an abusive constitutional borrowing.</p>Khemthong Tonsakulrungruang
Copyright (c) 2023 Khemthong Tonsakulrungruang
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https://so01.tci-thaijo.org/index.php/tls/article/view/269967Sat, 30 Dec 2023 00:00:00 +0700Looking Around: Should Thailand Promote Mediation Effectiveness and How?
https://so01.tci-thaijo.org/index.php/tls/article/view/270008
<p>Mediation as a form of alternative dispute resolution has many advantages compared to other dispute resolution methods, especially those of adjudicatory nature, such as litigation and arbitration. Thailand and Singapore share a similar policy of advocating the practice of mediation. That said, Thailand seems to focus principally on domestic mediation, while Singapore tends to position itself as a mediation hub for international disputes. In terms of the legal framework, both countries have enacted legislation and regulations that endorse, effectuate, and facilitate mediation. In both jurisdictions, these laws and regulations aim to uphold the principle of party autonomy, provide the necessary support, create a mediation-friendly climate, maintain the integrity of the process, and ensure the enforceability of valid mediated settlement agreements. This article, which is intended to be descriptive, discusses some important concepts and characteristics of mediation and explores the legal frameworks of mediation in Thailand and Singapore, as well as both countries’ experiences in dealing with this non-adversarial dispute settlement mechanism.</p>Francis Goh, Amnart Tangkiriphimarn
Copyright (c) 2023 Francis Goh, Amnart Tangkiriphimarn
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https://so01.tci-thaijo.org/index.php/tls/article/view/270008Sat, 30 Dec 2023 00:00:00 +0700