Legislative Measures Related to Community Rights in Thailand and ASEAN Countries

Abstract

The objective of the research is to study the laws relating to community rights in Thailand and ASEAN countries, as well as the basic international principles of community rights, particularly concerning the problem of access to and search for biological resources and control over natural resources within local communities, and offer recommendations on how to improve the laws relating to community rights in Thailand in order to bring them in better compliance with the principles of ASEAN. The researchers have used the qualitative method to study the laws relating to community rights in Thailand and ASEAN countries. With reference to documents, handbooks, scientific articles and websites of respective authorities, they have analyzed the existing legislation comparing it with the legislation in ASEAN countries. As a result it has been found that the problem of the control over natural resources still exists, ASEAN still does not have principles of direct support of community rights, and each member country still has issues between governmental and community institutions because of imperfection of the law and incoordination in many legal provisions. Besides, opinions about the access to and sharing of the benefits from natural resources differ in terms of procedures and regulations relating to natural resources and environment.



Author Information
Phasai Samart, Rajamangala University of Technology Rattanakosin, Thailand

Paper Information
Conference: ACPEL2016
Stream: Law 6. Law of Human Rights and Social Justice

This paper is part of the ACPEL2016 Conference Proceedings (View)
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