Legal Considerations for Thailand in Becoming a Party of The 2005 UNESCO Convention on the Protection and Promotion of The Diversity of Cultural Expressions

Abstract

               This study aims to examine the legal considerations for Thailand in becoming a party of the 2005 UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions. It was conducted by inspecting the laws related to the diversity of cultural expressions, studying the intentions, principles, measures, and mechanisms of the Convention that will affect the process of becoming the party to the Convention as well as other factors involved in ratification and implementation of obligations under the Convention. This research paper also emphasizes balancing the benefits of cooperation and cultural exchange, protection of the diversity of cultural expressions with an overview and impacts on culture, society, law, economy, politics, and others to Thai society in the future, as well as possibilities and guidelines for appropriate adaptation to the context of Thailand. Additionally, Thailand has shown its political intention to become the party of the Convention which was adopted on 20 October 2005.

               The study found that Thailand’s legal readiness could accommodate some of its obligations under the Convention. Nonetheless, the Convention is flexible and grants relatively high sovereign rights to States Parties. Consequently, this reflects the need for Thailand to consider the implementation of its national laws so as to effectively protect and promote the diversity of cultural expressions, which are as follows: 1. improve relevant legal terms to be clear and comprehensive, such as the diversity of cultural expressions and cultural goods and services,  2. improve or implement the national laws on relevant and important issues, namely cultural areas by comprehensive inclusion of the diversity of cultural expressions linked to trade, 3. trade and intellectual property areas, amend and improve the laws to facilitate the emergence of new and small entrepreneurs who produce cultural goods and services, involving entrepreneurs in the cultural and creative industries. 4. improve laws related to traditional and modern media production by reducing restrictions and monopolies in media production and rights and equality in mass communication and the digital environment, 5. rights and equality areas, improve legal mechanisms to eliminate discrimination or minimize the impact of such actions, and 6. suggest Thailand particularly consider legislating the Protection and Promotion of the Diversity of Cultural Expressions that must cover the relevant issues mentioned above.