The Concept of Benefit Sharing and Environmental Conflict Resolution: A Comparative Study of the USA Laws : Lesson-learned from USA and compare with Thailand

Main Article Content

Chanwit Chaikan

Abstract

The concept of “Benefit Sharing” is the tool to interlock the concept of international environmental law and economics with public interests oriented in public law which explains the needs of the government to provide public services related to Mega Projects. The main objective of the concept of “Benefit Sharing” focuses on maintaining public services or public interests on the one hand, and on the other hand, creating equality through public participation. The concept of “Benefit Sharing” has been playing a crucial role in “sharing” the benefits between the people of the whole country with the people in the affected area in various ways. The USA has already started to apply this kind of concept through “Community Benefit Agreement”. This approach appears to be successful. The people in the affected area seem to accept the Mega Project of the government. Unfortunately, Thailand still does not have specific law relating to the concept of “Benefit Sharing”. However, the concept of “Benefit Sharing” appears indirectly in the energy
and mining laws, but still ambiguously. Therefore, the researcher would recommend that Thailand should draft the Benefit Sharing Law which designs appropriate law, contract or incentive measures. With the assistance of this Benefit Sharing Law, the government can conduct the form and the type of Benefit-Sharing in accordance with community rights, as the core values. The concept of “Benefit Sharing” should be classified and detailed according to various types of projects such as power plant, mining, industrial estates etc., which can resolve the existing benefit-related conflict sustainably.

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How to Cite
Chaikan, Chanwit. “The Concept of Benefit Sharing and Environmental Conflict Resolution: A Comparative Study of the USA Laws: : Lesson-Learned from USA and Compare With Thailand”. Naresuan University Law Journal 11, no. 2 (December 24, 2018): 7-31. Accessed March 9, 2021. https://so04.tci-thaijo.org/index.php/lawnujournal/article/view/119929.
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Academic Articles

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