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> williamr@tu.ac.th (William Roth (Managing Editor)) kanyarat_a@outlook.com (Kanyarat Muanthong) Wed, 31 Jul 2024 14:00:30 +0700 OJS 3.3.0.8 http://blogs.law.harvard.edu/tech/rss 60 Translated Judgment: Drafting a Law Is Not Overthrow: Constitutional Court Ruling No. 3/2567 https://so01.tci-thaijo.org/index.php/tls/article/view/274832 <p>Translation of <span lang="EN-US">Constitutional Court Ruling No. 3/2567</span></p> Tyrell Haberkorn Copyright (c) 2024 Tyrell Haberkorn https://creativecommons.org/licenses/by/4.0 https://so01.tci-thaijo.org/index.php/tls/article/view/274832 Wed, 31 Jul 2024 00:00:00 +0700 Translated Memorandum: Expert Witness Statement on the Law of Defamation Against the Monarchy in Foreign Countries https://so01.tci-thaijo.org/index.php/tls/article/view/274803 <p>The expert witness statement was requested by the Constitutional Court in the proceedings between Mr. Teerayut Suwankesorn (Petitioner) and Mr. Pita Limjaroenrat, leader of the Move Forward Party (First Respondent) and the Move Forward Party (Second Respondent). The proceedings concluded with Constitutional Court Judgment No. 3/2567. The statement is dated 8 December 2022. Translation by Ronnakorn Bunmee.</p> Ronnakorn Bunmee Copyright (c) 2024 Ronnakorn Bunmee https://creativecommons.org/licenses/by/4.0 https://so01.tci-thaijo.org/index.php/tls/article/view/274803 Wed, 31 Jul 2024 00:00:00 +0700 Review of Duncan McCargo, Fighting for Virtue: Justice and Politics in Thailand https://so01.tci-thaijo.org/index.php/tls/article/view/274890 Andrew Harding Copyright (c) 2024 Andrew Harding https://creativecommons.org/licenses/by/4.0 https://so01.tci-thaijo.org/index.php/tls/article/view/274890 Wed, 31 Jul 2024 00:00:00 +0700 Review of Owart Suthiwartnarueput, From Extraterritoriality to Equality: Thailand’s Foreign Relations 1855–1939 https://so01.tci-thaijo.org/index.php/tls/article/view/274729 Papawadee Tanodomdej Copyright (c) 2024 ปภาวดี ธโนดมเดช https://creativecommons.org/licenses/by/4.0 https://so01.tci-thaijo.org/index.php/tls/article/view/274729 Wed, 31 Jul 2024 00:00:00 +0700 Redefining Ownership Under Thai Law: Is It a Right or Title? https://so01.tci-thaijo.org/index.php/tls/article/view/272793 <p>In current Thai law, ownership is traditionally regarded as a real right applicable only to corporeal objects. An analysis of Supreme Court precedents suggests that certain intangible properties, like shares, are subject to usucapion (adverse possession), while some rights, such as copyrights and trademarks, are not. This leads to the question of which intangible objects may qualify as objects of ownership and could be acquired through usucapion. Furthermore, the paper conducts a comparative survey of ownership concepts in German and French legal systems alongside insights from Roman law articulated by the Gaius Institute. From all the connections, the author argues that ownership should be regarded not as a right but as a title and that its object can be extended to incorporeal objects that satisfy certain conditions, and this will have important implications for explaining why some types of incorporeal property, such as shares, may be acquired through usucapion but that others, such as intellectual property rights, cannot.</p> Norravich Limpanukorn Copyright (c) 2024 Norravich Limpanukorn https://creativecommons.org/licenses/by/4.0 https://so01.tci-thaijo.org/index.php/tls/article/view/272793 Wed, 31 Jul 2024 00:00:00 +0700 Almost Happiness, But Not Quite: Reluctant Rule by Law and Thai Legal History in Seni Pramoj’s Legal Autobiography https://so01.tci-thaijo.org/index.php/tls/article/view/271502 <p>This article engages with Thongchai Winichakul’s intellectual history of “Rule by Law” by using Greta Olson’s law and affect approach as a departure from the traditional field of law and literature, which focuses solely on discursive practices. It foregrounds the non-cathartic affect of reluctance, a less canonized emotion in Seni Pramoj’s autobiography as a meta-feeling that underpins all emotions such as pride, happiness, and shame in the meta-narrative of conservative Thai legal history. Introducing the concept of “Reluctant Rule by Law” and applying Sianne Ngai’s concept of ugly feelings, Lorianne York’s notion of reluctant celebrity, and postcolonial studies as a main framework, this article argues that Seni’s Janus-faced characteristic, navigating between Western legal modernity and Thai tradition, infused a reluctant tone into his historical works. This autobiographical reluctance reveals how the conservative Thai jurist upheld royalist nationalism while addressing semi-colonial ambiguities, perpetuating a semi-colonial reluctance that shapes the meta-narrative of conservative Thai legal history and constitutionalism based on royalist nationalism.</p> Paweenwat Thongprasop Copyright (c) 2024 Paweenwat Thongprasop https://creativecommons.org/licenses/by/4.0 https://so01.tci-thaijo.org/index.php/tls/article/view/271502 Wed, 31 Jul 2024 00:00:00 +0700 Analyzing Thailand’s Amendments to the Civil and Commercial Code on Marriage Equality: Progress, Shortcomings, and the Struggle for LGBTIQAN+ Rights to Family Establishment https://so01.tci-thaijo.org/index.php/tls/article/view/274227 <p>Thailand’s proposed amendment of the Civil and Commercial Code (“CCC”) on marriage equality, recently passed by the lower house of Parliament on 27 March 2024, marks a historic milestone and represents a significant step towards recognizing the rights of Lesbian Gay Bisexual Transgender Intersex Queer Asexual and Non-Binary+ (LGBTIQAN+) individuals to establish families. This commentary article critically examines the draft legislation through the lens of international human rights law and domestic constitutional principles of equality and human dignity. Situating the Act within Thailand’s international obligations, the article traces the legislative history and highlights the progressive vision of the Civil Society Draft, which developed from the thesis-based research of Chawinroj Teerapatcharaporn, School of Law, Sukhothai Thammathirat Open University (STOU). It commends the shift towards gender-neutral language in marriage eligibility while critiquing the retention of binary “father/mother” terminology as falling short of genuine inclusivity. Drawing from parliamentary debates, the commentary engages with objections raised by religious party MPs, countering them by reasserting the primacy of constitutional equality and secular human rights principles over religious precepts in civil law matters. The article concludes by assessing the Act’s potential impact and the ongoing struggle for fully realizing LGBTIQAN+ family rights, calling for further reform that embraces gender neutrality and equality regardless of sexual orientation, gender identity, gender expression, and sex characteristics (SOGIESC).</p> Nada Chaiyajit Copyright (c) 2024 Nada Chaiyajit https://creativecommons.org/licenses/by/4.0 https://so01.tci-thaijo.org/index.php/tls/article/view/274227 Wed, 31 Jul 2024 00:00:00 +0700