Naresuan University Law Journal

Legal Measures Concerning Civil Liability from Oil Spill in Thailand

Chattaporn Harabut — Tue, 24 Jun 2025 00:00:00 +0700

The objective of this research article is to study and analyze appropriate legal measures regarding civil liability in the event of an oil spill from oil transportation, petroleum activities and oil leaks from other causes. This is because current legal measures have limitations in proving liability and limitation of measures to compensate for damage including the delayed process of recovering damage. As a result, the injured person may not be able to receive appropriate and speedy compensation. This research article uses a documentary research method by analyzing and comparing legal measures regarding civil liability in the case of oil spills in foreign countries, including the United Kingdom and the United States of America. This is to determine necessary legal measures regarding civil liability in the case of oil spills in order to remedy damages and restore the environment in a sustainable way. The research recommends that Thailand has to amend legal measures to cover all types of damages and establish a variety of damage remedies that cover liability from polluters, the government, and other damage remedies. In addition, Thailand has to specify the processes and agencies involved in compensating damages for appropriated and speedy remedies.

Legal Study on Boutique Hotels Law and Enhancement and Conservation of Environmental Quality Law for Sustainable Development of Grassroots Economy

Peerapon Jaderojananont, Chalermchai Kittisaknawin, Kosin Techaniyom — Tue, 24 Jun 2025 00:00:00 +0700

The purpose of this research is to examine legal difficulties and problems with Thai hotel law and environmental law that cause a conflict between the development of boutique hotels and the environmental protection. The study also applies a doctrinal legal research method, which concentrates on studying pertinent written legal sources together with qualitative research techniques, such as in-depth interviews and focus groups with stakeholders from both public and private sectors. This research finds that, the Thai hotel law and environmental law are essentially interconnected to encourage sustainable development concept. However, some of these laws’ provisions probably provoke legal defects and difficulties blocking boutique hotels to grow and to meet some environmental requirements as they require mostly particular characters different from other types of hotels. This is recommended that, therefore, Thai hotel law and environmental law should be partly amended to encourage the specific characters of boutique hotels in addition to promotion of collaboration between boutique hotels and their surrounding communities, enabling both of them to support each other in terms of local community development, social value and reducing environmental conflicts.

Space Weapons: Issues Concerning Definitions, Categories, and Space Arms Race

Chukeat Noichim — Tue, 24 Jun 2025 00:00:00 +0700

The objective of this research article is to define and classify space weapons, as well as to explore approaches for reducing the arms race in outer space. This issue arises due to significant loopholes in the five United Nations space treaties, which have become obstacles to global space activities. The primary problem stems from the lack of a definition for the term “space weapon” and the absence of a classification for such weapons. As a result, space-faring nations have leveraged these legal loopholes to argue that the existing UN space treaties are insufficient for the protection of their interests in outer space. Consequently, these nations have used this justification to develop anti-satellite weapons under the pretext of safeguarding their national security, thereby exacerbating the “arms race in outer space,” which poses a threat to global society. The results of this research reveal that, at present, there is still no universally accepted definition or classification of space weapons within the international community. Moreover, the issue of the arms race in outer space remains unresolved in a concrete manner, as global space-faring nations have become divided into two opposing blocs. This division makes it exceedingly difficult to establish regulatory measures that can effectively mitigate the arms race and be universally applied. However, this article proposes a definition and classification of space weapons that could be adopted by the global community. Additionally, it presents feasible measures to reduce the arms race in outer space by incorporating regional legal frameworks, which currently offer greater flexibility and effectiveness compared to the international level of legal mechanisms.

Potential Approaches for Future Urban Legal Management As for the inequality of Society The Phitsanulok Model: Encouraging Sustainable Development through Community Participation

Pongkan Kongsee — Tue, 24 Jun 2025 00:00:00 +0700

This research aims to study legal measures for managing future cities through community participation towards sustainable development to reduce social inequality, using Phitsanulok Province as a model city. The research was conducted using qualitative research methods, document research, and triangulation techniques, together with SWOT analysis and TOWS Matrix. The results showed that Phitsanulok has rapidly expanded but lacks systematic planning and management, leading to traffic problems, environmental issues, and inequality in access to public services. However, the city has the potential to develop into a walkable city and opportunities to develop an efficient public transportation system. Therefore, it is suggested that legal measures and policies be improved in 4 areas: (1) creating legal measures for urban planning and building control that are conducive to walking, (2) developing a mass transit system, especially a rail system and its connection to walking, (3) designing roads according to the complete streets principle, and (4) creating community participation in the urban development process through various mechanisms. This requires cooperation from all sectors to drive Phitsanulok to be a model for sustainable urban development and reduce social inequality.

Administrative Contract Type Determination: Building Construction Contract

Phannarat Ditcharoen, Pakpoom Arpathanawat — Tue, 24 Jun 2025 00:00:00 +0700

At present, there are no clear guidelines for defining the categories of administrative contracts for construction projects, which leads to frequent cases submitted to the Committee on Jurisdiction of Courts. This results in problems with interpretating and enforcing the law regarding the determination of contract types and the scope of contracts, especially “Building construction contract” which has many different guidelines defined by the Supreme Administrative Court and the Committee on Jurisdiction of Courts. Therefore, Section 3 of the Act on Establishment of Administrative Courts and Administrative Court Procedure, B.E. 2542 should be amended by adding a clearly defining “public utilities” to include buildings as essential tools in carrying out public services, that is the main mission for agency achievement or is a building that citizens can directly use. Similarly, in France, a contract for hiring of a contractor to construct or maintain real estate for public use is classified as a “public works contract” and falls under the Administrative Court. Resolving interpretation issues and reducing the process of the decision on jurisdiction between courts allows the people to access the justice process quickly.

Registration of Ship and Principle of Genuine Link in International Law: Flag of Convenience Problems

Kannaphak Tantasith — Tue, 24 Jun 2025 00:00:00 +0700

International law requires all states to enact ship registration laws to allocate ships under their jurisdiction, considering the principle of genuine connection.However, international law does not define genuine link, which raises the question of what the state should consider when enacting ship registration laws. The study found that the ambiguous of genuine link led to open registrations and occurred to the problem of flag of convenience, which impacts on the environment, safety and maritime security. This article aims to suggest solutions by determining the minimum of genuine link between flag state and ship, which led flag state can efficiency and effectively enforce law over ship. Meanwhile port state must enforce its own law over the ship that enter into its port to carry out the standard before leaving the port.