Nitipat NIDA Law Journal

Front Section Nitipat 2-2023

Nitipat Nida Law Journal — 2023-12-26

End Section Nitipat 2-2023

วารสารกฎหมายนิติพัฒน์ นิด้า — 2023-12-26

The Unwritten Sources of Administrative Law in French Legal System : Jurisprudence and Doctrine

Apinya Kaewkamnerd — 2023-12-26

The purpose of this article is to present an introduction to two types of unwritten sources of French administrative law, Jurisprudence and Doctrine, from the study of french jurisprudence expériences in creating, finding and applying the general principles of the administrative law. The first part studies laws originating from the jurisprudence of the courts to understand the judicial power in creating laws. The second part studies how courts establish legal principles, including techniques and consequences of the court’s interpretation and application of written law to the case. The third section examines the legal principles arising from three types of academic teachings or explanations: the legal principles of scholars (La doctrine universitaire), legal principles from academic explanation of courts (La doctrine jurisprudentielle), and administrative legal principles ( La doctrine administrative).

Maintenance of Water Resource and Promoting Community Income from Homestays in Ranong Province

Supalak Pinitpuvadol — 2023-12-26

Ranong Province has many tourist attractions. There are in Ranong several natural hot springs which contain the minerals that are beneficial to health. At present, the operation and maintenance of mineral water resources is still a holistic approach which focuses on water resources in general. According to the study, it was found that it was not appropriate to maintain the quality of water resources. There is a need to improve legal measures to ensure better operation and maintenance of mineral water resources, especially hot springs and hot mineral water. In addition, income generation in the community should be promoted by managing homestay accommodation. Tourists can get learning experiences from the way of life of people in the community as well. Therefore, legal measures to protect communities and tourists are still unclear. It is thus necessary to improve legal measures regarding homestay management by taking into account the well-being of the community, terrain and local environment. This study adopted the French legal system as guidelines for legal improvement.

The Relationship between Data Lifecycle Management and the Personal Data Protection Act B.E. 2562

Kitsuron Sangsuvan — 2023-12-26

Data lifecycle management is an approach to managing the flow of data. Recently, many organizations or institutions have relied on data lifecycle management. It can help organizations or institutions manage data effectively. However, a question may arise whether data lifecycle management can be used as a compliance guideline on the Personal Data Protection Act B.E. 2562. Another question may also arise whether data lifecycle management can create data security. The purpose of this research is to analyze and address those issues. Additionally, this research method is qualitative research. It collects all information from books, articles, reports, announcements, and statutes. This research has found that data lifecycle management can be used as a compliance guideline on the Personal Data Protection Act B.E. 2562. It can secure and protect personal data as well.

International Measures on the Legal Issues of Human Rights Protection from a Coup d'état

Wanchanok Yordying — 2023-12-26

The research study found that in the past, coups were only about seizing state power or changing leaders from the government. The governance structure and socio-economic situation remain unchanged and may even worsen. Currently, a coup and/or any support for a coup is considered a gross Violation of Human Rights. In addition to violating human rights and freedoms, it also reflects a decline in national quality and standards. The purpose of this study is to find guidelines and measures for irresponsible coup groups that violate human rights. When each coup was successful thereafter the individuals and/or groups of people who executes those coups will use both domestic and international law to apply it for their own benefit. For example, applying for a domestic amnesty for oneself and inheriting one's power through an election symbol (unfair) to obtaining certification from governments of various countries, which have created the conditions for certifying democratic governments only after elections. Therefore, it is considered a vicious circle of serious human rights violations all along and never ends. Therefore, in order to bring the coup d'etat to responsibility for what has been done and/or prevent the occurrence of another coup d'etat, it is appropriate to (1) develop measures to prove that the new government must be a democratically elected government that respects the rule of law to protect human Rights and (2) amendment the act of “A coup and/or support for a coup is a gross Violation of Human Rights " in the International human rights instruments.

Policies and Measures to Improve the Law to Create Social Stability for an Aging Society : A Case Study of the Preparation for Employment of the Elderly in the Private Sector

Chanit Suntapun — 2023-12-26

According to the current situation, Thailand is becoming “complete-aged society”. Some of these elderly people have entered the labor market or are still working. When surveying the protection of employment conditions for the elderly in Thai legal system, it was found that there is no specific protection for working conditions. Therefore, in order to protect the elderly workers clearly and to comply with international agreement and to prevent discrimination against older workers. There should be an amendment to the Labor Protection Act B.E. 2541 as follows. Added the definition of “elderly” to be in line with the definition of the term “elderly” according to the Elderly Act B.E. 2562. Add Section 4/1, the use of elderly labor. There must be measures to protect the rights of older workers by prescribing employment taking into account gender, age range, physical condition limitations and also specifying the nature of the job and suitable working conditions.