Journal of politics, administration and law

Community Rights to Prevent Being Affected by Open Burning Problems

2024-04-26T18:06:49+07:00

The Constitution of the Kingdom of Thailand guarantees individuals and communities the right to preserve, restore, and promote their cultural heritage, including wisdom, art, and traditions at both the local and national levels. Additionally, communities possess the constitutional right to protect themselves from the negative impacts of open burning. This right is enshrined in Section 3 of the Constitution, with Article 43 affirming the rights and freedoms of Thai citizens and Article 57 detailing the duties of the state in safeguarding these rights. However, the full exercise of community rights remains limited, primarily due to the absence of specific legal frameworks that would facilitate practical enforcement.

Several existing laws address open burning and community rights, including the National Environmental Quality Promotion and Preservation Act B.E. 2535, the Public Health Act B.E. 2535 (1992), and the Public Disaster Prevention and Mitigation Act B.E. 2550 (2007). Despite these legal frameworks, public awareness of both the detrimental effects of open burning and the relevant laws remains inadequate. Government agencies have not sufficiently engaged communities to promote the exercise of their constitutional rights in preventing open burning, limiting the effectiveness of these laws.

To address this, it is essential for government bodies to develop clear and comprehensive policies, strategies, and guidelines that address the issue of open burning. Regular evaluations of the constitutional provisions concerning environmental rights, including the right to a healthy environment and clean air, should also be conducted. Furthermore, the government should ensure that communities are properly informed about their rights and equipped with the knowledge needed to prevent open burning. Encouraging community participation and building networks that actively collaborate in environmental protection efforts will further strengthen the ability of citizens to combat the harmful effects of open burning and protect their local environments.

Guidelines for Solving Problems in Thai Local Personnel Management Affecting Local Government Organizations

2024-09-17T13:15:42+07:00

The main objective of This objective is to present Thai local human resource management problems that affect local government organizations. From the study, many problems were found, such as Problems with the structure of local personnel administration. There is a lack of unity, there is redundancy and independence, Structural problems within local government organizations. The organization of government agencies that doesn’t take into account the reasons, necessity and true appropriateness of the internal conditions of local administrative organizations, Problems with the recruitment process. There is corruption and patronage, Problems with disciplinary procedures. The law is weak and there are no serious penalties, Problems in the use of human resource management powers by local administrators and affecting local government organizations both directly and indirectly. Leads to proposing guidelines for solving personnel management problems. and plan personnel management policies correctly and appropriately and in line with the guidelines for government manpower management measures (2023 - 2027) of the Office of the Civil Service Commission that focuses on human resource management in balance with the roles and missions of the government sector Promote the maximum use of available manpower. Develop personnel to have knowledge and abilities in various areas. Develop analytical thinking skills to adapt to changes.

The conclusion of this article is to amend the law and the human resource management process of local government organizations to be transparent and verifiable. To increase the potential of public services to the public effectively.

Entangled Governance: The Role of Social Networks and Transaction Costs in Thailand's Corruption Conundrum

2024-06-17T11:25:02+07:00

This investigation elucidates the complex interrelationships between social networks, transaction costs, and their facilitation of corruption within Thailand's governance systems. Utilizing a comprehensive analytical framework, the study reveals that entrenched social networks substantially augment transaction costs, thereby perpetuating systemic corruption across various administrative levels. The findings delineate the mechanisms through which these networks operate, highlighting their role in both the perpetuation and the entrenchment of corrupt practices. Implications derived from this analysis are pivotal for refining existing anti-corruption frameworks and suggest the necessity for innovative policy interventions that target the underlying socio-economic structures facilitating corruption. This study advocates for a holistic reform approach, emphasizing enhanced transparency and strengthened accountability within these networks.

Addressing Cyber Threats for the Elderly: A New Challenge for Thai Society

2024-11-27T15:20:16+07:00

The central purpose of this academic article is to summarize the challenges faced by the elderly in dealing with cyber threats within contemporary Thai society, including suggestions for policy recommendations. It reviews concepts related to common cyber threats to the elderly, the impact of cyber risks on them, and their strategies for coping with such dangers, leading to new challenge conclusions and policy recommendations on elder cyber threat management in Thai society. It was found that the elderly often lack technological knowledge and skills in managing personal data on digital platforms, leading to risks of financial fraud and cyber-attacks. Furthermore, the use of social media and various technologies opens avenues for personal data leaks and privacy violations for the elderly.

In terms of policy recommendations, it is essential to develop diverse policies and strategies to protect the elderly from cyber threats in Thai society. These include creating both online and offline educational and training programs to enhance cyber security awareness. Responding to these challenges requires cooperation from all sectors of society, including modernizing policies and laws to safeguard the elderly from the increasing cyber threats.

Concepts for Creating Legal Measures to Social Protection

2024-12-23T13:49:32+07:00

The right to social security is recognized as a fundamental right under the scope of international law, for example, Universal Declaration of Human Rights 1948, International Covenant on Economic, Social and Cultural Rights (ICESCR) 1966, and Social Protection Floors Recommendation 2010 (No.202). These international conventions cover all areas of substantive social protection contents within national laws. All people shall enjoy these rights with the purpose to achieve fair and just society.

This article aims to propose relevant concepts for creating legal measures in social protection. The three concepts are composed of social dialogue, human rights, and sustainability. These contribute the guarantee of fundamental rights to people. It is essential to every country to include these three conceptual frameworks within national legal measures in order to effective balance between economic and social development.

Legal Problems in Land Possession Rights of Indigenous Peoples in Thailand: A Case Study of the Karen of Kaeng Krachan

2024-07-19T15:21:44+07:00

A study of legal problems in land possession of indigenous people in Thailand: A study of the Karen of Kaeng Krachan has some objectives to demonstrate existing international and domestic laws for recognizing the legal status of indigenous peoples. The study focuses on the rights to access to the land of the Karen indigenous people at Ban Jai Phaendin and Ban Bang Kloi Bon living near the Kaeng Krachan National Park area. The study uses a qualitative research method and collecting data based on various documentative evidences in order to present how to protect indigenous people rights and promote their participatory rights. Based on the rights of people to self-determination, the promotion and participation of indigenous people in any decision-making process can legitimize the actions of the governmental authority for policy and legal implementation.

The study result has found that indigenous people living in forest, reserved, and restricted areas had no clear legal standing in the country to participate in various matters. In other words, the groups of indegenous people are not considered to be equal and have political equality. Although the essence of the law stipulates that indigenous peoples are people who should be guaranteed legal status and should be entitled to participation and rights on an equal basis with other peoples, without discrimination. But in a practical way, it has been found that there are still some limitations arising from various government policies or measures that cause indigenous peoples are restricted to the rights to participate in decision-making processes, including the right to the land. Importantly, They are not free from interference. In addition, certain legal measures or governmental policies that aim to conserve forest resources have made it impossible for indigenous people to go and live in the areas that they have traditionally lived in since the time of their ancestors and the boundaries of the area have not yet been demarcated for the indigenous people, causing problems in the land rights of the indigenous people.

Competencies and Skills of Service Technicians for Installation and Maintenance of Fuel Station Equipment in Bangkok Metropolitan Area

2024-03-29T11:00:09+07:00

This research is a quantitative research format. have a purpose 1) To study the competency level, skills and abilities of service personnel, installation and maintenance of materials and equipment, fuel service stations, fuel service stations. in Bangkok 2) to study the relationship between the competencies, skills and abilities of employees with the quality of service, installation and maintenance of materials and equipment at fuel service stations and the satisfaction of operators of fuel service stations, fuel service stations in Bangkok and 3) to study the competencies, skills, and abilities of service personnel that affect the satisfaction of operators of fuel service stations, fuel service stations In Bangkok In the sample group, traders at petrol stations sell to customers. and 354 users in Bangkok province using a questionnaire data collection tool. Data were analyzed using descriptive and inferential statistics, Pearson correlation, t-test.

The results of the research found that the majority were male, 59.60 percent, under 40 years old, 51.12 percent, had a bachelor's degree level, 51.41 percent, and the frequency of receiving service from employees was 6 times a year, 59.60 percent. And it was found that digital skills Mechanical skills electrical skills Social and emotional skills There is a positive relationship with the quality of service, installation and maintenance of materials and equipment at fuel stations. and satisfaction of fuel service station operators with statistical significance, p-value < .05, and it was found that the overall picture of satisfaction of fuel service station operators with the skill competency of installation service personnel and maintenance of materials and equipment at fuel service stations are significantly different, p-value < 0.5

Exploring the Legality of Administrative Contracts through Digital Channels in Administrative Law

2024-09-15T16:20:08+07:00

The incorporation of digital government concepts in public sector operations has the potential to enhance efficiency in public service delivery. Thus, it becomes imperative to align the tools of the public sector with the provision of public services. This research focuses on investigating whether administrative contracts conducted through digital channels are legally binding. The study employs both Doctrinal Research, which involves the analysis and interpretation of existing legal principles and doctrines, and Non-Doctrinal Research, which goes beyond legal analysis to consider societal interpretations and practical applications. Additionally, the research utilizes statutory interpretation, alongside Connoisseurship (expert seminars), to comprehend the completeness of digital administrative contracts. The study explores the legal nature of administrative contracts conducted through digital channels, examining their legal validity. The findings indicate no significant differences between traditional administrative contracts and digital administrative contracts, as both share similar legal components, rendering them legally valid. Despite the potential benefits of legal refinements within the current legal framework to explicitly encompass digital administrative contracts, experts assert that the government presently possesses the authority to engage in such contracts without necessitating new laws or regulations. In summary, the government can legally leverage digital administrative contracts within existing laws, providing legal protection to government officials when entering into such agreements.

Application of Community Policing to Control Coronavirus Disease 2019 (COVID-19) Pandemic in Thailand

2024-08-13T08:40:40+07:00

The research of “Application of Community Policing to Control Coronavirus Disease 2019 (COVID-19) Pandemic in Thailand” aims to study the factors, approaches, practices and methods of community policing in controlling the COVID-19 pandemic in Thailand in 2020. The research was conducted by a qualitative method through documentary analysis, in-depth interviews and focus group. The target population are a chief of police stations, community police officials, district officials, health care volunteers, home guard volunteers and villagers in five provincial regions comprising Bangkok, Samutprakarn, Surat Thani, Nakhon Ratchasima and Chiangmai, where the pandemic was discovered.

The research found that police stations in the target areas applied the community policing concept to prevent and control the COVID-19 pandemic effectively. The community police team was delegated to work closely with district officials and community leaders to implement the policies and measures of Thai government so as to prevent and control the COVID-19 pandemic. The research also discovered that the factors affecting the success of application of community policing in the pandemic situation are the leadership of community leaders and chiefs of public agencies, the policies, measures and law enforcement in the pandemic time, the local community networks, and the public participation in local community. Royal Thai Police thus may apply the community policing approach to maintain public order in emergency situations such as controlling the Covid-19 pandemic by preparing well-trained community police teams to tackle the public security threats likely to be occurred at all times.

The Introductory Study on the Use of Cannabis in Various Fields in Thailand

2024-03-05T16:18:56+07:00

The objectives of this research were 1) to study the various uses of cannabis in Thailand and 2) to study the features and advantages and disadvantages of cannabis use. This research is a descriptive study using qualitative research methods with in-depth interviews in which the author traveled to interview relevant persons at Ban Rai Chom Ploen cannabis garden and Thai traditional medicine clinic at Saen Suk and had conversations via smartphones, researched documents and information systems.: 1) Ms. Sunanta Emtuang Thai Traditional Medicine 2) Ms. Kulpasorn Phochonkul Lecturer in Applied Thai Traditional Medicine 3) Mr. Sutthi Jiaoyeseng The owner of the farmhouse Chom Ploen The results of the research were as follows: 1) government policies regarding the use of the benefits of cannabis in various fields can be divided into 2 forms: 1.1) Medical form. Thai Traditional Medicine and 1.2) Economic Dimension 2) Study the advantages and disadvantages of cannabis of cannabis, whether in medical and economic or recreational forms, has both benefits and harms. In terms of creating benefits for the use of cannabis both medically and promoting the quality of life of patients in medical treatment, and if in the future Thailand can have research results that belong to Thailand, especially for medicine, cannabis may be accepted and incorporated into the treatment as an alternative to more patients and also reduce torture for patients who are terminally ill, etc. Economically, cannabis has long been a cash crop and can benefit entrepreneurs or stakeholders in unlocking free cannabis. Therefore, the state should establish methods and guidelines to prevent errors caused by legal loopholes, which are not yet comprehensive and are not clear enough to cause negative consequences if there is an event that risks affecting the general public. Therefore, Thailand needs to have good enough laws. So that the whole system can be carried out in a direction that is most beneficial to Thailand. In summary, cannabis is considered a medicinal plant that has been with Thai people and countries for hundreds of years. In the past, cannabis was used to treat patients, but later it was added to the list of medicines as a result, Thailand has been unable to use cannabis for both medical and economic purposes. When the people in general lacks knowledge about the benefits and harms of cannabis, it creates a lot of paranoia and anxiety among the public because it has been released in the media that cannabis tends to have more negative effects than positive sides. Therefore, the state and all stakeholders need to jointly organize a medical cannabis system implementation plan with the benefit of patients as a location and economic. The scope of cannabis use must be carefully defined to maximize its benefits.

Factors Influencing Political Awareness Among Bangkok Metropolitan Citizens

2024-11-21T14:22:36+07:00

This research aims to (1) examine the political awareness of Bangkok citizens, (2) analyze the influence of social media on their political awareness, and (3) identify other relevant factors that may affect the political awareness of Bangkok citizens. In this regard, this research employs quantitative data analysis, utilizing a sample of 601 citizens.

The results of this research indicate that the level of social media usage has the greatest influence on political awareness (Beta coefficient = + 0.566). Additionally, the political context ranks second in influencing political awareness (Beta coefficient = + 0.410). Hence, recommendations for increasing political awareness among Bangkok citizens are as follow: (1) the government should promote the use of social media as a platform for sharing political views in a creative and lawful manner, and (2) efforts should be made to bring political context closer to the daily lives of Bangkok citizens.

The Result of Legislative Measure in the Control Pollution from Automobile in Thailand

2024-11-21T14:28:26+07:00

This research examines the efficiency of legislative measure in the control pollution and their influence on the automobile industry in Thailand. The research utilizes pollution and automotive industry data from 2011 to 2022 dividing the data into two periods: 2011-2015 and 2016-2022, reflecting the time before and after the implementation of policies promoting energy-efficient and eco-friendly car. Findings show that emissions of sulfur dioxide (SO_₂), nitrogen dioxide (NO_₂), and carbon monoxide (CO) significantly decreased after the implementation of the policy. In contrast, carbon dioxide (CO_₂) emissions increased over the same period, even during the COVID-19 pandemic in 2020, which temporarily massive reduced in car usage in Thailand. These results suggest that Thailand's legal measures for controlling automotive pollution may not be as effective as anticipated. However, they indicate a shift in consumer behavior towards purchasing vehicles with diesel engines, hybrid engines, and electric vehicles (EVs), moving away from traditional gasoline engines.

Communication Management Strategies in Intrapreneurship for Enhancing Organizational Loyalty

2024-09-01T15:42:14+07:00

The research aimed to investigate “Communication Management Strategies In Intrapreneurship For Enhancing Organizational Loyalty” by 1) studying communication management conditions of intrapreneurship and 2) developing communication management strategies of intrapreneurship to create organizational loyalty. Qualitative research was used, relying on EDFR (Ethnographic Delphi Future Research) to plan and set the policy and guidelines for future implementation. Literature reviews and in-depth interviews were primarily used to obtain insightful details of related data per its authentic conditions.

The results guide creating communication management strategies for intrapreneurship to enhance organizational loyalty. This encompasses communication management, policies, styles, processes, environment, networks, search and information management among leaders, and communication skills. The results confirm the significance of promoting creativity and supporting employee confidence in creation. Moreover, intrapreneurship also focuses on good communication skills of leaders and target employees. Leaders' communication skills particularly require creative communication with polite manners, accuracy, completeness, precision, reliability, good personalities, and impressions. Tone, facial expressions, eye expressions, and gestures are also necessary. Leaders must also show their sincerity and appropriateness in the creation of intrapreneurship. Simultaneously, they must have persuasive techniques and leadership in meetings to encourage employee conformity. Organizations must use leaders’ knowledge of intrapreneurship communication to create a mindset of enthusiasm, responsibility, and creativity to search for new approaches or develop products/services to bring joint success. Internal communication is vital in motivating intrapreneurship for simple growth and success. Open communication can promote idea-sharing and internal cooperation for business advancement.

Legal Development for Prevention and Suppression of Corruption as Organic Act on Anti- Corruption B.E. 2561 (2018)

2024-07-26T17:04:02+07:00

This research aims to study the meanings, concepts, and theories related to the prevention and suppression of corruption by state officials, as well as legal measures at the international, foreign, and Thai legal measures concerning corruption prevention and suppression. It also examines the problems and obstacles in enforcing the Organic Act on Anti-Corruption B.E.2561 (2018), to analyze and provide guidelines for amending the Organic Act on Anti-Corruption B.E.2561 (2018).

The research findings indicate that: (1) The problem of liability for those who provide assets to intermediaries: The law specifies the offense of intermediaries receiving bribes, but in the case of those providing assets to intermediaries, they cannot be held as principals, instigators, or supporters in the wrongdoing. (2) The problem of liability for supporters of bribery offenses: The law stipulates liability at only two-thirds of the penalty prescribed for the supported offense, which is inappropriate compared to corruption-related offenses. (3) The problem of determining the liability of state officials for unusual wealth, the law does not specify this as a distinct offense but considers it an act of corruption. (4) The problem of defining the authority of the National Anti-Corruption Commission (NACC). The law does not grant the authority for wiretapping or accessing information.

This research, the researcher suggests amending Organic Act on Anti-Corruption B.E.2561 (2018), (1) Defining the liability of those who provide assets to intermediaries. (2) Defining the liability of supporters of bribery offenses involving state officials to receive the same punishment as the principal offenders. (3) Defining the liability of state officials who become unusually wealthy as a distinct offense. (4) Defining the powers and duties of National Anti-Corruption Commission (NACC) to legally intercept communications or access information, enabling effective law enforcement in preventing and suppressing corruption.

Recidivism: The Study of Physical and Life Offences for Juvenile Offenders in Youth Detention Center in the Eastern Region

2023-11-06T11:36:05+07:00

The research project of recidivism has an objective to study the physical and life offences for juvenile offenders and to study some measures and forms of recidivism for juvenile offenders in the physical and life offences. The research uses mixed methodology between qualitative by in-depth interview and qualitative by designing questionnaire for collecting data. There are three following causes for juvenile recidivism.

1.The cause of juvenile recidivismtakes place when youth people have naughty, arrogant, disobedient, lazy behaviors. Most of them are uneducated, unemployment and have close relationship with rowdy friends. Their parents are not able to give any guidance to them. There are several causes of recidivism from juvenile offenders as follows. 1) youth people have some personal problems and are not able to solve; 2) youth people have no chance to continue their study in a higher level with fragile family conditions; 3) youth people are disobedient to their parents instruction and evacuates from their home; 4) youth people do not confess for their guilty and do not include themselves in the family and community; and 5) there are not much chance for juvenile offenders in rehabilitating treatment because most employers do not recruit the former offenders.

The internal factor within the family is another cause of juvenile offenders recidivism. Most families are separated, low-income and the youth people are living with stepparents or their relatives. Most parents are not acted as good role models, for example, gambling, cigarette addiction. Therefore, the youth people have grown up with the lack of guidance with low life quality.
The external factor relates to juvenile and youth people circumstances in recidivism. If youth people have naughty friends, for example, drug addiction, the abuse of drug and heroin. These groups of friend are involved in several criminal offences, for example, night loafers, wranglers, sexual offences, larceny, motorcycle racings, and group offenders.

Model Law on Protection and Promotion of the Quality of Life of the Elderly

2024-08-01T17:29:12+07:00

This study aims to study the welfare protection of the elderly and the promotion of their quality of life in a comprehensive manner. From the data collected by the National Statistical Office, the first survey of the elderly population in Thailand was conducted in 1994 and continued until the survey in 2021, which is the 7th survey. Thailand has been an “aging society” for more than 10 years, with the proportion of the population aged 60 and over increasing to more than 10 percent of the total population, while the number of children and working-age people has been decreasing. Then, it will become a “complete aging society” when the population aged 60 and over is more than 20 percent of the total population in the next 1-2 years, when the population aged 60 and over is more than 28 percent of the total population.

The study found that the Elderly Persons Act of 2003 has not yet provided for the welfare protection of the elderly, including the care, protection and promotion of the quality of life of the elderly in a comprehensive manner. In conducting the research on 5 issues, consisting of 1) Problems of the elderly receiving protection of living conditions and income from the government sector 2) Problems of the elderly receiving protection of housing welfare from the government and private sectors 3) Problems of the elderly receiving protection of medical treatment under the public health law from the government and private sectors 4) Problems of receiving protection of elderly care from descendants 5) Problems of the elderly receiving protection from the criminal justice process structure

In order to solve the problems that have occurred, along with protecting and promoting the quality of life of the elderly, in order to prepare for the future aging society, this study and research aims to find answers, leading to the development of improvements to the law to support the protection and promotion of the quality of life of the elderly, and to determine it as a specific law that determines the criteria, methods and measures to protect the elderly so that they can access various rights and receive various welfare appropriately and effectively, by considering the determination of the criteria, methods and measures to protect and promote the quality of life of the elderly in international public law and foreign law, by determining the draft of the “Model Law on the Protection and Promotion of the Quality of Life of the Elderly”

An Analysis of Investment Promotion Policy Under the Eastern Economic Corridor (EEC) Development Plan

2024-11-29T10:27:10+07:00

This qualitative research aims 1) to analyze the investment promotion policy under The Eastern Economic Corridor (EEC) Development Plan, 2) to analyze the policy implementation, 3) to examine threats and limitations of the policy, and 4) to propose a guideline for policy revision and policy implementation. The data were collected from two means: documentary study and in-depth interviews with officers at the top management level, area operational staff, entrepreneurs, and experts. The studied document includes related legal provisions and regulations. The interviews were conducted in alignment with a semi-structured interview form. Relational content analysis was used to analyze the data, and the findings are presented in descriptive form.

The findings reveal that the policy of investment promotion in the EEC is a vital scheme that the government hopefully intends to uplift the economy and establish new industries and economy as of the Thailand 4.0 model. Two key responsible agents are The Board of Investment and The Eastern Economic Corridor Office of Thailand. The promotions of the two agents are similar in terms of tax privileges, information provision, infrastructure provision, financial facility, labor skill development, and investment consultation. The differences are in the limitation of the promotion zone which covers only 3 provinces: Chachoengsao, Chonburi, and Rayong. The policies of the EEC are rather attractive, especially for the focused industries. The threats are 1) the managerial structure of the working committee comprised of authorities from various organizations, 2) maladroit bureaucracy, 3) policy discontinuity due to political instability, 4) function overlap of the working agents, 5) greater benefits for high net worth and foreign investors than those for SMEs, and 6) insufficiency of labor with language and IT skills and programmers which are required for the new industries.

Deliberative Democracy and the Learning Process for the Coexistence of Local Community and Industry in the Case of Islamic Community in Map Ta Phut Subdistrict, Mueang District, Rayong Province

2024-12-17T16:08:10+07:00

This research study aims to analyze the factors influencing the creation of community innovation for coexistence between communities and industrial factories. It also examines the role of community innovation in fostering coexistence processes between communities and industrial factories. The conceptual framework used to understand this social phenomenon is the concept of deliberative democracy. The research methodology employed qualitative methods, collecting data from documents and interviews and triangulating the information. The findings revealed that within the context of Islamic communities, deliberative democracy emerges from interactions among four types of capital: (1) Economic Capital: This attracts stakeholders to interact in order to protect and maintain economic benefits. (2)Social Capital: This links social relationships among stakeholders. (3) Symbolic Capital: This encourages industrial entrepreneurs to participate. (4) Environmental Capital: This drives all stakeholders to recognize and address issues. The mechanism of deliberative democracy demonstrates power and capabilities in creating coexistence processes between communities and industrial factories in four dimensions: (1) It serves as a communication space between stakeholders and industrial development in Islamic communities where no one owns or leads. (2) It acts as a tool to strengthen the power of both local communities and industrial factories. (3) It serves as a tool for genuine participation in development. (4) It serves as a learning space between local communities and industrial factories. However, the process of deliberative democracy has several weaknesses and limitations: (1) Participants (community representatives) are often specific network leaders. (2) It is limited to one Islamic community, while there are up to 38 communities established in the Map Ta Phut Municipality. (3) Development projects resulting from consultations do not lead to structural changes. (4) The consultation process is bilateral. (5) The driving force often comes from personal relationships.

Community Based Constitution and the Formation of Contract for the Coexistence of Local Community and Industry in the Case of Ao Udom Community, Thung Sukla Subdistrict, Si Racha District, Chonburi Province

2024-11-01T12:08:32+07:00

This qualitative research aims to analyze the capitals affecting the creation of community innovation for coexistence between communities and industrial factories. It also examines the role of community innovation in fostering coexistence processes between communities and industrial factories. The research reveals that the Ao Udom Bay community constitution, as a form of community innovation, emerges from interactions among four types of capital: (1)Economic Capital: This drives interactions among stakeholders who seek mechanisms or measures to protect and maintain economic benefits (2) Social Capital: This acts as a social relationship network that facilitates interactions among stakeholders both within and outside the community, enabling collaboration on problem-solving (3) Natural and Environmental Capital: This complex capital both influences and is influenced by the development of the Ao Udom community constitution (4) Human Capital: This encompasses the potential and abilities of community leaders, heads, and various network leaders in creating and driving the Ao Udom community constitution. The community innovation, referred to as the community constitution, plays a significant role in fostering coexistence between communities and industrial factories in six aspects:(1) It serves as a local community-level social contract (2) It acts as a mechanism that transforms communication and social practices between communities and private sector entrepreneurs (3) It transforms power dynamics between communities and private sector entrepreneurs(4) It legitimizes community self-governance (5) It serves as a negotiation tool for communities dealing with industrial factories(6)It strengthens the power of local communities and private sector entrepreneurs.

Model Law on the Pollution Management in Pollution Control Areas

2024-07-26T17:01:12+07:00

This thesis aimed to study the legal measures for pollution management in pollution control zones by comparing them with the measures used for environmental management in environmental protection zones.

The study found that environmental management in pollution control zones and environmental protection zones employed different legal tools. Environmental management in environmental protection zones was regulated by ministerial regulations issued by the Ministry of Natural Resources and Environment. These regulations aim to define the rights and duties of the public in controlling and using the area and include civil and criminal penalties for non-compliance. Additionally, there were penalties under the Enhancement and Conservation of National Environmental Quality Act, B.E. 2535 (1992), Sections 99 and 100. However, environmental management in pollution control zones was based on an action plan to reduce and eliminate pollution in these areas, developed by local authorities in cooperation with the provincial governor and submitted for approval to the National Environment Board. The measures in the action plan for pollution control zones focused primarily on budget management for proposing necessary construction projects based on pollution sources. For instance, if the pollution source survey revealed that wastewater pollution was caused by the high water usage of communities, hotels, or apartments, it became necessary to construct a centralized wastewater treatment facility, such as the Pattaya City Central Wastewater Treatment Plant. Therefore, it could be concluded that the action plan to reduce and eliminate pollution in pollution control zones cannot effectively solve the pollution problems in these zones.

Based on the study, it is recommended to draft a law from the action plan in the form of a ministerial regulation similar to the environmental protection zones. When individuals violate the ministerial regulation, they would be subject to penalties under Sections 99 and 100 of the Enhancement and Conservation of National Environmental Quality Act, B.E. 2535 (1992). The key provisions of the law should include at least the criteria for declaration, the rights and duties of the public, the use and control of land use, the criteria for revoking the pollution control zone, and penalties for violations. This would make pollution problem-solving more concrete and effective.