Naresuan University Law Journal

Two Systems, One Question: How American and Thai Courts Address Youth Mental Disorders in Criminal Justice

Jayakorn Tonwong, Thitat Chavisschinda — Sat, 13 Dec 2025 00:00:00 +0700

This article aims to examine and compare legal standards and criminal justice processes, particularly concerning the insanity defense, for juveniles with mental disorders under the United States’ common law system and Thailand’s civil law system. The study finds that the United States employs a variety of legal standards, including the M’Naghten Rule, the Irresistible Impulse Test, the Durham Rule, and the American Law Institute (ALI) Test. These reflect differing interpretations, with some focusing on protecting due process rights and others emphasizing rehabilitative measures. For example, in Golden v. State, the Arkansas court rejected the insanity defense to emphasize rehabilitation. In State in Interest of H.C., the New Jersey court partially recognized the defense to prioritize treatment over punishment; and in Winburn v. State, the Wisconsin court directly accepted the insanity defense. In Thailand, however, Supreme Court Judgment No. 8743/2544 established a case-by-case approach to determining intent and criminal responsibility, reflecting the country’s civil law framework and diverging from U.S. practice. The author recommends that Thailand should establish or codify legal guidelines that reflect the concept of substantial incapacity, enhance the roles of psychiatrists and psychologists as experts in the adjudication process, and develop unified procedures or legal frameworks specifically tailored tojuvenile cases involving mental disorders

Legal Problems on the Protection of New Type Trademarks: A Case Study of Invisible Signs

Sasina Nimsuwan — Sat, 13 Dec 2025 00:00:00 +0700

This research aims to study general concepts, ideas, and theories related to the protection of new type of trademarks; examine the criteria for protection under international agreements, foreign laws, and Thai law; analyse legal issues and impacts concerning the protection of invisible trademarks under the Trademark Act B.E. 2534 and propose appropriate guidelines for protection. The study focuses on scent marks, taste marks, and tactile marks. The findings reveal that protecting new types of invisible trademarks does not contradict trademark concepts and theories. However, Thailand has no urgent need to expand its scope of protection while lacking readiness, as the current Trademark Act already provides criteria and scope of trademark protection consistent with international standards. The researcher recommends amending the Trademark Act B.E. 2534 in terms of the definition of trademarks in Section 4, distinctiveness criteria in Section 7, and prohibited characteristics in Section 8. The trademark examination manual should also be updated. Furthermore, preparations should be made in terms of facilities, technology, tools, equipment, and personnel necessary for trademark registration examination. The capabilities of Thai entrepreneurs should also be developed to accommodate potential expansion of trademark protection in the future if necessary

Development of legal personal status of stateless students at the University of Phayao

Pairush Teerachaimahit — Sat, 13 Dec 2025 00:00:00 +0700

Access to nationality is an important matter for individuals, because it will enable that person to be recognized and have access to the legal rights of the state as a national. If students studying at university are limited by their personal status, they will lose the opportunity to develop a good life. This research examines the problems and approaches to developing the legal status of students currently studying at the University of Phayao. It was found that in 2023, Phayao University had 36 stateless students studying, which can be classified into the following groups: groups that have already obtained Thai nationality, groups awaiting approval to register as Thai nationals, groups that filed petitions and were rejected because they were not born in Thailand, and the group that is in the process of submitting a request for Thai nationality registration. Stateless students born in Thailand will be able to apply for Thai nationality upon completion of their bachelor’s degree from the University of Phayao. However stateless students who were not born in Thailand must first apply for residency in Thailand in order to be able to develop their status in the next step. A major problem in developing legal personal status is the lack of evidence to confirm the student’s place of birth as being born in Thailand, which is important evidence that to consider granting Thai nationality rights. The researcher recommends that, the universities should support both in terms of creating legal knowledge, and understanding of human rights in university society. There is also a process for monitoring and coordinating with government agencies both while students are studying and after graduation.

Consumer Protection Towards the Use of Artificial Intelligence (AI) in Targeted Advertising and Personalised Pricing

Methinee Suwannakit — Sat, 13 Dec 2025 00:00:00 +0700

The use of artificial intelligence in targeted advertising and personalised pricing may infringe consumer rights or negatively impact consumers. This research article therefore aims to study and analyse whether current Thai laws are suitable and sufficient to protect consumers in such cases. By comparing Thai laws with those of the European Union (EU), the article found that despite the similarities, the EU laws offer more effective detailed measures, technical regulation and pro-active protection than Thai laws. To increase the efficacy of Thai laws, significant modifications have been proposed. These include establishing guidelines for unfair advertising, providing clear text and details of information in communication for offering products or services, regulating the exchange of data for advertising purposes, regulating interface design, profiling and discrimination, enacting Digital Platform Economy Act B.E. … and laws related to the application of artificial intelligence.

The Legal Doctrine and the Role of the Administrative Court in the Establishment of Good Governance Standards in Public Personnel Administration

Paphanphon Paphangkornphurin — Sat, 13 Dec 2025 00:00:00 +0700

This article critically examines the role of the Administrative Court in constraining the exercise of administrative discretion in public personnel management, through a synthesis of landmark judgments concerning competitive recruitment, salary advancement, transfers, disciplinary proceedings, and the entitlements of public officials. The objective is to explore how administrative law principles have been applied to safeguard officials’ rights and to enhance governance standards in public personnel administration. The study finds that the Administrative Court has exercised judicial oversight to ensure that the exercise of state power adheres to the principles of the rule of law, equality, legal certainty, protection of legitimate expectations, and the right to be heard. Significantly, the Court’s function extends beyond mere adjudication; its rulings have established legal precedents that public authorities should integrate into their administrative practices. These precedents include the obligation to provide reasons for administrative orders, the enactment of transitional provisions to accommodate changes in regulatory criteria, and the establishment of fair avenues for appeals and objections. The article recommends that public agencies adopt these judicial principles to reform personnel regulations and mechanisms in ways that promote clarity, transparency, and accountability, thereby advancing the quality of the civil service in alignment with constitutional norms and human rights within a sustainable democratic framework.

The Problem of Screening for Environmental Impact Assessment in Thailand

Suchanun Hunsa-Udom — Sat, 13 Dec 2025 00:00:00 +0700

The screening is the beginning and crucial step in the environmental impact assessment process, because it is the stage that involves deciding whether a proposed project or activity is subject to an environmental impact assessment before developing regarding protecting and mitigating the impacts on the environment. In general, the approaches for screening are categorised into two main approaches: project lists and case-by-case approach. This research observes that the screening process in Thailand is not limited to the listing approach, but it also allows to use the case-by-case consideration. Furthermore, the study found that there is an environmental impact assessment stipulated in various legal provisions, which causes the issues of ambiguity and a lack of standards in determining which projects or activities require an environmental impact assessment and the method to conduct an environmental impact assessment. Section 48 of the Enhancement and Conservation of National Environmental Quality Act B.E. 2535 (1992), moreover, indicates the broad discretion in considering the project list. Therefore, this research examines the scope of screening for environmental impact assessment, the characteristics of project screening, and the framework for exercising discretion in screening for environmental impact assessment in Thailand. The study also investigates the foreign provisions to observe the clear guidelines for the screening process in Thailand. From the study, this research proposes reviewing the consistency of the scope of environmental impact assessment across the different departments, stipulating the form of screening as well as providing the precise boundaries for screening on environmental impact assessment.

Approaches to Developing Effective Environmental Law Enforcement Mhanisms: A Comparative Analysis of Air Pollution Control Laws in Thailand anecd the United States of America

Ashijya Otwong — Sat, 13 Dec 2025 00:00:00 +0700

This research aims to explore the relationship between legal measures and environmental law enforcement mechanisms through comparing air pollution control law enforcement systems between Thailand and the United States of America. This study uses document-based research methodology. The findings reveal that legal design affects the characteristics and effectiveness of law enforcement mechanisms through three key differences between Thai and U.S. laws. First, regarding legal system structure, the United States develops environmental law based on specific issues, placing air pollution law under the Clean Air Act (CAA), and with cooperative federalism as the foundational concept, enforcement authority over air pollution sources rests with the Environmental Protection Agency (EPA) and states. In contrast, Thailand’s laws are fragmented by pollution source types, resulting in limited authority of environmental agencies and local governments in enforcing laws over pollution sources. Second, although both the United States and Thailand share similar legal structures primarily on the basis of command-and-control instruments, they differ in details, and the United States integrates informational instrument. This leads to the third difference: the U.S. monitoring and enforcement system features transparency, a centralized database linking information, and mechanisms for public participation, while Thailand, despite allowing private inspectors and requiring data submission from regulated entities, still has limited data disclosure. The findings demonstrates that improving environmental law enforcement requires not merely strengthening legal authorities and penalties, but restructuring the legal framework and expanding legal instruments to align with Smart Regulation concepts emphasizing multi-stakeholder participation.

Guidelines for Data Protection Impact Assessment (DPIA) in Smart City Development: A Case Study of Phitsanulok Smart City

Methinee Suwannakit — Sat, 13 Dec 2025 00:00:00 +0700

This research article presents a guideline for data protection impact assessment (DPIA) in the development of smart cities, using Phitsanulok Smart City as a case study. The study employs a mixed-methods approach, including comparative legal analysis, document analysis, and semi-structured interviews to gather the perspectives of data subjects. The findings reveal that personal data processing in Phitsanulok smart cities entails high risks due to complex data flow pathways, overlapping jurisdictions, and the involvement of numerous stakeholders. Therefore, a personal data protection impact assessment (DPIA) is necessary. This should include detailed data flow mapping, the establishment of joint data controller agreements, assessments of necessity and proportionality, as well as risk assessments and the implementation of appropriate risk mitigation measures. The article identifies risks and proposes risk mitigation measures in three key areas: (1) data breaches resulting from internal and external risks; (2) the inability of data subjects to control the use of their personal data; and (3) adverse impacts on other rights and freedoms.