Mae Fah Luang University Law Journal

Proposal for the Registration of Stray Dogs and Stray Cats in Community : A Comparative Study of Legal Measures in Singapore and Thailand

2025-02-14T07:47:31+07:00

Currently, all sectors are aware of the importance of controlling the population of stray dogs and cats. Continuous campaigns for sterilization are being conducted, along with raising awareness about responsible pet ownership to prevent pet abandonment, which is a major cause of stray animals in communities. The increasing number of stray dogs and cats also significantly contributes to the higher rate of rabies transmission to humans. According to the rabies situation report (as of November 30, 2024), positive rabies cases were found in 229 dogs and 8 cats sent for testing in 2024. There were also 4 reported deaths from rabies due to dog bites in the country, despite the fact that these deaths could have been prevented. Effective prevention relies on cooperation in disease prevention for both humans and animals. An urgent measure for animal disease prevention is to achieve over 80% vaccination coverage for pets, which can be accomplished after controlling the pet population and monitoring and controlling pet movements.

This article analyzes pet control measures in Thailand compared to Singapore, suggesting that local-level regulations are more appropriate as they can be tailored to the social context of each area. The initial phase should focus on a registration system to know the number of pets in households, but eventually, a licensing system should be considered to ensure the qualifications of pet owners throughout the pet ownership process, preventing long-term pet abandonment. Additionally, the author proposes registering stray dogs and cats in the name of the community to reflect their origin, which would facilitate comprehensive control of the stray animal population nationwide. This approach would also prevent the burden from falling on individuals and encourage community involvement in sustainably managing the stray animal population. Knowing the actual number of stray animals would benefit resource management and public health prevention efforts by local authorities.

The Legal Challenges in Addressing Impacts of Climate Change under the Regulations for Establishing Marine Protected Areas Pursuant the Act on the Promotion of Marine and Coastal Resources Management B.E. 2558

2025-02-25T11:43:02+07:00

At present, the problems of climate change have been directly caused to marine ecosystems, including the habitation of marine animals, the structure of marine organisms and their migration pattern. As a result of the problems, the impact of climate change on the ocean has become a crucial issue of many states, including Thailand, which are focusing on addressing this problem. The establishment of marine protected areas is one of the marine environment measures significantly to promote marine habilitation. However, the climate change issues have not adequately considered in this measure. The regulation of marine protected area under the Act on the Promotion of Marine and Coastal Resources Management, B.E. 2558, serves as the legal instrument governing marine environmental protection and human activities. Accordingly, the this article examines the challenge of marine protected area measures under this Act and addresses the impact of climate change on the marine ecosystem in Thailand’s maritime jurisdiction. Although this Act provides the general requirements for establishment of the marine protected areas, this article finds that its regulations can contribute to the mitigation and rehabilitation of the marine environment.

MADE FOR EACH OTHER Legal, Ethical, and Theoretical Perspectives on Companion Animals in Italy

2025-04-02T08:54:35+07:00

Companion animals or pets hold an important place in Western society, yet their normative classification often lacks consistency and clarity. Therefore, this paper assesses Italy’s legal framework governing animal welfare. The latter includes statutory provisions on companion animal care and punitive measures such as fines and imprisonment for abuse. It adopts a doctrinal and normative approach to trace inconsistencies in legal classification and enforcement. It underlines that recent reforms have focused on stronger state supervision and public oversight. For instance, a recent constitutional amendment explicitly acknowledged animal interests, deeming their well-being inherently valuable rather than solely instrumental to human needs. Regrettably, despite these improvements, national jurisprudence still does not accept animals as sentient beings, a standard already endorsed by other European nations. The study also evaluates the influence of Catholic teachings on popular attitudes about animal welfare in Italy. Finally, it proposes two legislative reforms: the first is a “Pet Custody and Welfare Covenant” to protect animals in instances of separation or divorce. The goal is to assist courts that currently lack clear guidance on the post-separation status of pets. The second stipulates psychological assessments and counselling for individuals convicted of animal cruelty. This adjustment fills a legislative shortcoming in Italy, where recidivism is under-addressed and institutional rehabilitation mechanisms are weak in this area.

Enforceability of Ticket Transfer Restrictions in Thailand: A Contract and Consumer Protection Law Perspective

2025-03-22T18:33:58+07:00

The increasing use of contractual restrictions on concert ticket transfers in Thailand raises critical legal questions regarding their enforceability under Thai contract and consumer protection law. This article examines the validity of non-transferability clauses within concert ticket agreements, assessing their compatibility with contractual autonomy, consumer rights, and judicial scrutiny of standard-form contracts. While Thai law upholds the principle of pacta sunt servanda, the Unfair Contract Terms Act B.E. 2540 (1997) and the Consumer Protection Act B.E. 2522 (1979) impose limits on unfair terms that disproportionately disadvantage consumers.

This article argues that non-transferability clauses may constitute unfair contract terms, particularly when they impose excessive penalties, unjustifiably restrict consumer rights, or create significant imbalances in bargaining power. By analysing the legal nature of ticket transferability as the assignment of contractual claims under Section 306 of the Thai Civil and Commercial Code, the study finds that the legal enforceability of such clauses is potentially challengeable. A comparative analysis of EU and UK laws reveals that while legitimate business interests such as fraud prevention can justify certain restrictions, excessively broad resale bans may be invalidated when found disproportionate or anti-competitive. Drawing on these comparative perspectives, the article concludes that Thai judicial interpretations should adopt a rigorous proportionality assessment to effectively balance commercial justifications with consumer protection standards.

By examining judicial interpretations and consumer protection mechanisms, this article highlights the need for stronger regulatory oversight to prevent excessively restrictive ticketing policies. It recommends that Thai courts strengthen their judicial scrutiny of such clauses, promote transparent and regulated resale mechanisms as effective tools for fraud prevention, and establish clearer statutory guidelines defining the permissible limits of contractual restrictions under Thai law.

Supreme Court Judgment No. 976/2567 (Publication of the Defamation Judgment via an Online News Website)

2025-06-21T07:55:35+07:00

In a defamation case where the court has ruled that the defendant is guilty, Section 332 (2) of the Criminal Code grants the court discretion to order the defendant to publish the judgment in a “newspaper,” as deemed appropriate to the circumstances of the case. In Supreme Court Judgment No. 976/2567, the Court interpreted the term “newspaper” as evolving with time, not limited only to printed publications on paper. The Court held that the term also encompasses written news content accessible and understandable to the public via computer systems. Therefore, the Court ordered the defendant to publish the judgment through an “online news website” as well. This article analyzes the Supreme Court judgment using the legality principle in criminal law as the analytical framework, with particular focus on the doctrines of lex stricta (criminal law must be interpreted strictly) and lex scripta (criminal law must be codified in written form). Finally, this article suggests that the provision should be amended to align with the times and explicitly allow the court to order the defendant to publicize the judgment via online news websites.

Opportunities and Experiences of Legal Education in Japan: Perspectives from the Young Leaders' Program (YLP) in Law

2025-05-07T09:01:54+07:00

This article presents the author’s experience as a Thai public prosecutor who was selected to join the Young Leaders’ Program (YLP) in Law at Kyushu University, Japan, a scholarship program supported by the Japanese Ministry of Education, Culture, Sports, Science and Technology (MEXT) to develop new leaders in the Asian region with the potential to drive public policies in an international context. The article provides an overview of the International Economic and Business Law (IEBL) curriculum structure, compulsory and elective courses related to economic law, technology, and sustainability, a comparative internship, a thesis preparation process, an assessment system that emphasizes participation, analytical thinking, and a link to practical application, and presents perspectives gained from studying with international students. It also provides recommendations for future participants and suggests support from government agencies to bring knowledge from abroad back to develop the country tangibly. This article suggests that the YLP program not only enhances the potential of Thai public sector personnel but also helps build networks and opens up visions for participants in an international context.

Gavel: The Symbol and Legitimacy of Judicial Authority

2025-06-11T15:06:23+07:00

"Do Thai judges use gavels in courtrooms like in foreign countries?" "Where do Thai judges keep their gavels?" "If there is no gavel, how do judges maintain order during proceedings?" These seemingly simple inquiries are commonly directed to the author by members of the public, prompting further questions regarding the elements that embody the authority and legitimacy of the judiciary in the context of Thailand. This article analyzes these questions through the lens of Positivity Theory, which posits those pageantry of judicial symbols—such as robes, gavels, and cathedral-like court building—serve as factors that can foster a positive perception of the judiciary among the public. These symbols can enhance acceptance of judicial decisions, even when the public may disagree with the outcomes, potentially without delving deeply into the reasoning. However, this article invites readers to further question what it truly is that reinforces the legitimacy and public trust in the judicial authority.

Electronic Voting Law: A Case Study of Election of Member of The House of Representatives

2025-01-06T08:45:18+07:00

The purpose of this study is to examine international guidelines for legislating electronic voting systems, based on recommendations from democratic organizations. It also aims to study the election laws for electronic voting in various countries, including the United States (Florida), India, Australia (Australian Capital Territory), and Estonia, and to propose legal framework for electronic voting for drafting electronic voting laws in Thailand.

The study found that the legal framework for electronic voting should include the following key components: recognition of the management of electronic voting systems, assurance of the core principles of democratic elections, the type of electronic voting system used, definitions of terms related to electronic voting, testing and certification of electronic voting machines, Voter Verifiable Paper Audit Trails (VVPAT), procedures for voting and counting with electronic systems, security measures for electronic voting, election result verification, objections and appeals regarding election results, recounts, data retention of votes, penalties for violations of electronic voting regulations, stakeholder access, and the responsibility of vendors providing election equipment.

The study recommendation is to amend the Organic Act on the Election of Members of the House of Representatives B.E. 2561 by adding Chapter 5.1 Electronic Voting and Counting.

Analysis of the Draft Waste Electrical and Electronic Equipment Management Bill, B.E. …..

2025-04-08T08:41:12+07:00

The objectives of this research, “Analysis of the Draft Waste Electrical and Electronic Equipment Management Bill, B.E. .…”, are: 1) To study the development, problems, and obstacles of waste electrical and electronic equipment (WEEE) management in Thailand; 2) To conduct a comparative study of the legal principles for the waste electrical and electronic equipment management in other countries and those of the Waste Electrical and Electronic Equipment Management Bill, B.E. .…; 3) To provide recommendations on the Waste Electrical and Electronic Equipment Management Bill, B.E. .… This is qualitative research which employs a combination of documentary research, in-depth interviews, and focus group discussion research methods. The research found that Thailand, unlike countries such as the European Union, Germany, or Japan, has no specific legislation on waste electrical and electronic equipment management and has to adopt and modify existing laws to serve this purpose. However, such laws do not cover the whole life cycle of WEEE and are not adequately effective in dealing with current situations. For this reason, the Pollution Control Department had prepared the present Waste Electrical and Electronic Equipment Management Bill, B.E .… which is based on the internationally accepted principle of Extended Producer Responsibility (EPR). Nevertheless, the research team deems that certain aspects of this Bill should be revised, namely, its scope, definitions, regulatory mechanism, and penalties. It has also proposed guidelines for determination of the types and categories of WEEE, revision of the definitions of producers, importers, and distributors, inclusion of the WEEE Management Committee and the Environment Fund structures, addition of the provisions on the goals of WEEE collection, registration of relevant parties, establishment of WEEE Return Centers that cater to independent operators. Moreover, additional studies on the potential for WEEE management of local administrative organizations and WEEE processing plants should be carried out. Environmental-friendly product designs, awareness of proper technical management of WEEE in all sectors should also be promoted for the improvement of public health and the environment in Thailand.

Guidelines for Developing Thailand’s New Space Economy in Compliance with International Space Law

2025-04-01T10:41:54+07:00

The emerging new space economy is playing a crucial role in driving global economic and technological development, particularly in the context of Thailand, where there is a growing trend toward the advancement of its space industry. However, promoting the new space economy requires adherence to the international space law framework established by the United Nations through key treaties, including the Outer Space Treaty of 1967, the Rescue Agreement of 1968, the Liability Convention of 1972, and the Registration Convention of 1975. It also necessitates consideration of the provisions of the Moon Agreement of 1979, which, although not widely accepted internationally and containing certain limitations that may not align with Thailand’s economic space development strategy, remains valuable for comparative study to assess its relevance for future national space law and policy directions. This is especially pertinent following Thailand’s signing of the Artemis Accords and its participation in the International Lunar Research Station (ILRS) initiative.

Thailand’s new space economy is still in its early stages but continues to grow, particularly in downstream sectors such as satellite communications, natural resource exploration, and the use of global positioning systems (GPS). Nevertheless, Thailand faces major challenges, notably the absence of a national space law, which impacts investment and the systematic regulation of space activities. Therefore, this article aims to analyze the international space law framework and explore how Thailand can adapt it to sustainably develop its new space economy. The article emphasizes the importance of establishing a national space law aligned with international standards to foster private sector confidence, enhance investment opportunities, and strengthen Thailand’s capabilities in the global space economy.

Safeguarding and Redressing Human Rights Violations in the Routine Operation of the Criminal Justice System (Pre-Prosecution and Adjudication Stages)

2025-05-16T19:16:17+07:00

This research examines and analyzes the practices of officials in the criminal justice system concerning the protection of human rights in Thailand. It focuses on instances where authorities “neglect” or “disregard” human rights, affecting fairness and efficiency in legal proceedings. The study employs qualitative research methods, including literature review, comparative analysis with legal frameworks in the United Kingdom, the United States, Germany, and France, as well as in-depth interviews, focus group discussions, and public hearings involving legal experts and justice system stakeholders.

Findings indicate that several factors contribute to the neglect of human rights in Thailand’s criminal justice process, including (1) biased attitudes among law enforcement personnel, (2) traditional practices that lack modernization, (3) legal and regulatory constraints that do not adequately protect individual rights, (4) a lack of awareness among officials regarding the rights of suspects, defendants, and victims, and (5) insufficient resources and limited adoption of technology.

The study highlights key procedural shortcomings at various stages of the justice process, such as pre-charge questioning of suspects as witnesses, privacy-intrusive investigative measures, improper handling of testimonies from vulnerable witnesses, unnecessary pretrial detention, and delays in legal proceedings. The research proposes reforms including procedural adjustments to align with human rights principles, strengthened oversight mechanisms, increased use of technology for transparency, and enhanced training for legal practitioners and the public.

The study suggests that meaningful reforms can be implemented within the existing regulations without requiring amendments to statutory laws. These proposed changes aim to bring immediate improvements while aligning Thailand’s criminal justice system with international human rights standards.

The Responsibility of Banks in the Case of Online Financial Fraud

2025-06-24T09:35:21+07:00

This article aims to study the responsibility of banks in cases of fraud involving online financial transactions. The legal issues arise from cybercrime that has caused significant financial detriment to Thailand. The nature of these crimes is directly related to financial losses for which banks may be held responsible. The study discovers that financial threats can be categorized into two types. The first type is “Unauthorized Payment Fraud,” in which transactions are carried out by impersonating the financial service provider. The second type is “Authorized Payment Fraud,” in which the financial service user is deceived into willingly conducting the transaction themselves. For the first type of financial threat, court rulings indicate a distinction in the “liability of banks” between two scenarios involving unauthorized withdrawals by fraudsters through mobile applications. In cases of unauthorized withdrawals from a “deposit account application,” both the account holder and the bank are held jointly liable, each responsible for half of the damages. In cases of unauthorized withdrawals from a “credit card application,” the bank alone is fully liable and must bear the entire loss. As for the second type of financial threat, there are currently no relevant court precedents that address the issue of the bank’s liability. However, the government has enacted the Emergency Decree on Measures for the Prevention and Suppression of Technological Crimes B.E. 2566 (2023) as an urgent response to address the issue. The Emergency Decree intends to protect innocent citizens who are deceived by losing their assets through mobile phones or electronic means. In the most recent amendment to the Emergency Decree in 2025, a new principle has been established, requiring financial institutions to share responsibility for damage resulting from technology-related crimes.