Nitipat NIDA Law Journal

End Section Nitipat 1-2026

Nitipat NIDA — 2026-06-29

An Influence of Social and Legal Context on family formation in Thai society: A Comparative study on Thai-Buddhist and Thai-Muslim Family

Pakapon Senkhaw — 2026-06-29

The research article titled “Influences of social and legal context on family formation in Thai society: A comparative study on Thai-Buddhist and Thai-Muslim family” examines the family formation process according to Islamic principles, compared to the family formation process in Thai society. The research method involves in-depth interviewed with members of two selected families for comparison between Thai Buddhist and the devout Muslim family. Both families have children who are in the working age. The research results indicate differences in family formation between Buddhist and Muslim groups, based on case studies employed in this study. In Thailand since the Civil and Commercial Code and the philosophy of Buddhism provide freedom and equality for choosing spouses even though there is the principle for maintaining a family, it is only a principle for maintaining a long-lasting married life, whereas Islamic law clearly defines the penalties. According to Sharia law, engaging in sexual relations outside of marriage constitutes a criminal offense that carries specific legal punishments. Furthermore, if the offender does not receive punishment in this world, it is believed that they will be held accountable and punished on the day of judgment. The Quran also provides the strict rules and guidelines for marriage and spouse selection that directly affect the formation of family among the Muslim population.

The Procedure for Identifying Anonymous Online Defamers under Thai Law: A Proposal for Legal Amendment

Cheewin Mallikamarl — 2026-06-29

Thailand’s defamation law fails to effectively protect the reputational rights of victims who are anonymously defamed online, as they do not know the identities of the defamers. Victims must rely on the procedure outlined in the Computer Crime Act B.E. 2550 (2007) (and its amendments) (‘CCA’) to identify the defamers. Having analysed the Act, this article shows that competent officials can request information from Internet Service Providers (ISPs) to identify perpetrators. This procedure can be applied to identify anonymous online defamers. However, the article argues that the procedure has practical problems such as insufficient numbers of competent officials to handle online defamation cases. To provide a solution, this article compares the Thai approach with the approach under US law, which allows defamed victims to directly request a court to order ISPs to reveal the identities of the anonymous defamers. Under the US approach, the court must weigh whether to prioritise the victim's right to reputation or the anonymous user’s right to free speech. This is because US law recognises anonymous speech as an aspect of free speech protected by the Constitution. This article, therefore, proposes that Thai law should adopt this approach by amending Section 18 of the CCA. It also argues that the US approach can solve the practical problems under Thai law because defamed victims can directly request the Thai Court of Justice to order ISPs to reveal their anonymous defamers’ identities without having to rely on the competent officials.

Legal Frameworks for Green Hydrogen Subsidies: Comparative Lessons for Thailand’s Energy Transition

Chirat Keawchaum — 2026-06-29

To achieve Thailand's net-zero emissions target, the deployment of green hydrogen is essential. However, its implementation is hindered by the significant green premium, a barrier driven by high operational expenditure (OPEX) rather than capital expenditure (CAPEX). This research article argues that Thailand's current legal framework, based on the Board of Investment (BOI)'s investment promotion measures, which focuses on the CAPEX incentive model, is structurally misaligned and incapable of solving this OPEX-driven problem. Therefore, a tax holiday on profit is valueless for an industry if a project cannot become profitable initially. The study applies a comprehensive comparative law analysis of subsidy models in the United States, the United Kingdom, Germany, and Japan to analyze the insufficiency of the BOI's measures and propose operable and bankable alternatives. It recommends that a new legal and financial framework for Thailand should be established with three integrated components: (1) a two-way Contract for Difference (CfD) for long-term risk diversification; (2) a GX Bond mechanism for debt financing, modeled after Japan and guaranteed by a future carbon tax; and (3) a Multi-Criteria Auction (MCA) to ensure project readiness and effective procurement. This paradigm shifts from providing passive incentives to becoming an active state partner is essential for creating a bankable market.

Opportunities and Limitations in Developing Thailand's International Rail Freight Transport Law to Align with International Railway Law

Kiarttiphorn Umpai — 2026-06-29

International railway freight transportation plays a crucial role in economic integration within the ASEAN region, yet continues to face significant obstacles due to inconsistent legal frameworks among member countries. This research aims to analyze opportunities and constraints in developing Thailand's international railway carriage contract law to align with international legal principles and ASEAN regional cooperation frameworks.

The study employs comparative legal analysis methodology, examining two major legal systems: the European COTIF/CIM system and the Eurasian OSJD/SMGS system, compared with Thailand's domestic law and ASEAN cooperation frameworks. The research encompasses analysis of carrier liability, transportation documentation requirements, dispute resolution mechanisms, and liability limitations.

Research findings reveal that Thailand lacks comprehensive legislation specifically addressing international railway freight carriage, while ASEAN has yet to establish binding common legal frameworks. However, opportunities exist for developing domestic legislation aligned with international standards through adaptation of OSJD/SMGS principles, given that several ASEAN countries are already members of this system.

The research recommends that Thailand develop specific railway carriage contract legislation, promote cooperation with ASEAN countries in establishing regional agreements, and consider joining OSJD membership to prepare for future international railway system connectivity.

Soft Law: In the Context of Interstate Security and Sovereignty Management Instruments

Tirawat Pratumthong — 2026-06-29

“Soft Law” is known in the academic circles of international laws for a reason that “Soft Law” is brought up for use as legal tools, or in some cases, it may be defined as semi-legal tools under international contexts to bring about flexible interstate ties. Similar to obligations under general international commitments, it may be compared in the definition of “Hard Law”. In this Article, the basis of “Soft Law” has been analyzed together with the contexts of tools for management of interstate security and sovereignty. In general, it can be seen that obligations under international commitments which are related to interstate security and sovereignty may be mentioned on the basis international laws in general, with which member states shall strictly comply. The Author has opinions that the study of “Soft Law” which is used under international obligations with impacts on flexible interstate ties related to the security issues and the principle of respects to state sovereignty may open up the academic perspectives in another interesting issue that could be understood by learners from the basis of definitions or interpretation of “Soft Law” under the related concepts to the use of “Soft Law” in diverse international contexts overlapped with the management of interstate security and sovereignty, particularly the international principles which must be respected and given importance by all countries, i.e., the principle of non-interference and the principle of respects to state sovereignty, which are important basis in the establishment or determination of interstate ties under the basis of “Soft Law”. Such important principles shall be the basis of the Author’s study and analysis of functioning of “Soft Law” and the creation of rules and regulations on interstate security based on the principle of respects to state sovereignty, including challenges of “Soft Law” under the dynamic security situations.

Front Section Nitipat 1-2026

Nitipat NIDA — 2026-06-29