Nitipat NIDA Law Journal

Vol. 13 No. 1 (2024): January - June

Nitipat NIDA — Fri, 28 Jun 2024 00:00:00 +0700

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Nitipat NIDA — Fri, 28 Jun 2024 00:00:00 +0700

Exploring the Status and Content of the Precautionary Principle from the Perspective of the International Tribunal for the Law of the Sea

Krisdakorn Wongwuthikun — Fri, 28 Jun 2024 00:00:00 +0700

The precautionary principle is a cornerstone of international environmental law, asserting that scientific uncertainty should not delay the implementation of effective and cost-efficient measures to prevent environmental degradation. This principle is crucial for the protection and preservation of the marine environment. Despite many international agreements mandating member states to adopt measures guided by the precautionary principle, ambiguities persist regarding its content and legal status. Notably, the 1982 United Nations Convention on the Law of the Sea lacks explicit provisions on the precautionary principle, yet its ethos is mirrored in several clauses. Over the past two decades, the International Tribunal for the Law of the Sea has had opportunities to adjudicate disputes invoking this principle, providing clarifications on its implications. This article explores the Tribunal’s developments and interpretations, aiming to elucidate how it perceives the precautionary principle and how states can fulfill their international obligations to protect the marine environment based on the precautionary principle. Additionally, it also explores the legal status of the principle.

Protection of the Right to Privacy of Personal Data by the Constitutional Court: A Case Study of the Republic of Korea

Pakorn Winyuhuttakit — Fri, 28 Jun 2024 00:00:00 +0700

With today’s cutting-edge technology, personal data can easily be used and exploited for various benefits without legal consent. Thus, many countries have enacted state-level statute to protect personal data. Moreover, some countries which consider the right to personal data as the right to privacy of citizens, they would also protect such rights in the Constitution. For example, both Thailand and the Republic of Korea (South Korea) have established legislation to protect personal data in both specific statute and the Constitution. However, until now, Thailand has never had any case related to the right to privacy of personal data adjudicated by the Constitutional Court. While the Constitutional Court of the Republic of Korea has established several legal principles in several cases related to such issue. Therefore, this research was conducted to study the protection of the right to privacy of personal data under the Constitution of the case study country i.e. Republic of Korea in order to obtain legal principles which the Constitutional Court of Thailand can apply in similar cases.

From the research study, it was found that there are two channels for exercising the right to file a case with the Constitutional Court i.e. (1) the Court of Justice requests the Constitutional Court to determine whether the existing law is in conflict with the provisions of the Constitution and (2) the individual files a complaint to request the Constitutional Court to determine whether the action of a government agency is in violation of the Constitution, or whether the existing law is in conflict with the Constitution. Additionally, the Constitutional Court of the Republic of Korea has established three legal principles to protect the right to privacy of personal data i.e. (1) Principle of proportionality (2) Principle of less restrictive alternative and (3) Principle of self-determination of personal information. These principles could potentially be considered as a guideline for the Constitutional Court of Thailand to determine cases related to the protection of the right to privacy of personal data for the benefit of Thailand.

Limits on Labour Protection in the Platform Economy: A Case Study of Food Delivery Workers

Khemmapat Trisadikoon — Fri, 28 Jun 2024 00:00:00 +0700

Platform businesses have emerged in response to economic and technological changes to meet the fundamental needs of daily human life. However, a challenge that follows the rise of platform businesses is the issue of labor protection, stemming from two key factors: the economic power of platforms and the limitations of existing laws in safeguarding labor rights. This leads to problems of unfairness and poor working conditions for platform workers.

This article is a study of the impact on labor resulting from both factors that affect workers. The goal is to find ways to protect labor in the platform economy by choosing to study food delivery platform workers as a case study. The study aims to provide a framework for fair labor practices and labor protection guidelines for platform workers, drawing on the experiences of California, the United States, and the European Union to design measures to protect platform workers in Thailand.

The Problem on Law regarding the Protection of the Right to Health of Older People in the Situation of the Coronavirus 2019 Pandemic

Nandaporn Pattharawipaporn — Fri, 28 Jun 2024 00:00:00 +0700

This article aims to study the problems regarding the right to health of older people that is lacking protection and promotion properly in the situation of the Coronavirus 2019 pandemic in Thailand. Because of the problems regarding law enforcement improperly for problem solving in public health, discrimination, inaccessibility to state aid and the strict and incompatible with the principle of proportionality measures, that is the measure for older people and care home closing measure. From the study, there were proposals to deal with various problems including 1) Proposed repeal the Emergency Decree on Public Administration in Emergency Situations B.E. 2548 (2005) enforcement. And enforce the Communicable Disease Act B.E. 2558 (2015) mainly in the situation of the Coronavirus 2019 pandemic. By the way, the Communicable Disease Act shall be amended to be compatible with the protection and controlling the pandemic as the severity of the situation of the Coronavirus 2019. 2) Proposed that , the law regarding the protection and the promotion of the right to health of older people should be enforced seriously to facilitate older people to be able to access to medical measures thoroughly and properly. And 3) Proposed repeal lockdown and care home closing measures. But the government should make the public health guidance for older people and care homes by determining the care homes to follow the guidance about measures in care home strictly.

Development of Smart Small and Medium Entrepreneurs with Blockchain Technology Management

Kiarttiphorn Umpai — Fri, 28 Jun 2024 00:00:00 +0700

This study has two objectives: first, to develop the country's manpower potential and develop small and medium enterprise entrepreneurs to have knowledge, understanding, and use of blockchain technology in managing entrepreneur's organizations. Second, to develop and create guidelines for the development of skills and knowledge of utilization of Blockchain Technology by Small and Medium Enterprises.

The study found that most small and medium enterprises lack the knowledge and understanding of how to apply blockchain technology in their organizations. Because blockchain technology is different from other information technology systems used in such organizations. In addition, the utilization is still limited for several reasons such as in terms of technical language, high budget to set up the system, employee knowledge and skill development, and blockchain technology is not yet available to all types of entrepreneurs. In particular, there is no need to use blockchain technology to benefit or support business operations with all types of entrepreneurs.

This study suggests that first, to suggest the guidelines for developing the potential of small and medium enterprise operators. Second, policy recommendations on guidelines for developing the potential of business operators of small and medium enterprises through the integration of work support and determination of collaborative strategies of government agencies. Third, recommendations for the development of legal regimes and mechanisms for control, supervision, and promotion of the utilization the blockchain technology.