International Principles and Obligations concerning the Right to Access and Use Contracts for the Use of Vehicles in International Traffic under the International Rail Transport Legal System

Abstract

Thailand promotes the development of a rail transport system for the carriage of goods and passengers by rail both domestic and international traffic. The rail transport operators in Thailand must be licensed by the Department of Rail Transport for the use of infrastructure systems and railway vehicles as means of transport for goods and passenger carriages. The findings indicated that the International Agreement on Rail Transport of the Intergovernmental Organization for International Carriage by Rail and the Organization for Cooperation of Railways, defines the principles of rights, duties, and liabilities of the contractual carrier, Infrastructure Manager and business operators related to the utilization of the railway infrastructure. These principles should be transformed into Thailand's rail law development for the implementation of international technic and standards on rail transport operation. Even though Thailand is not yet a member state of Intergovernmental Organization, however, such legal principles will be able to apply as a model law for development concerning law for the promotion and control of the utility infrastructure and the vehicles both domestic and international rail traffic. Based on the major findings, the results suggest that as follows:  (1) Thailand must enact rail transport law of the Department of Rail Transport of Thailand; (2) the Department of Rail Transport must enact sui generis law as the regulation to specify the access and utilization of infrastructure and vehicle contracts; (3) and to specify the rights, duties, liabilities of the contractual carrier, infrastructure manager and business operators to support sustainable economic development.