Mae Fah Luang University Law Journal

Systemic Objectivity in Administrative Courts: Conceptual Foundations, Practical Challenges, and Rules for Efficient, Impartial Review

Paphanphon Paphangkornphurin — 2026-05-31

This article examines the legal challenges confronting administrative courts in reviewing the lawfulness of administrative action within the modern state, where the executive’s mandates, discretionary powers, and technical complexity have continuously expanded. Employing the concept of systemic objectivity as an analytical framework, the article argues that objectivity is not merely a personal virtue of judges. It is a procedural architecture that renders the weighing of facts, legal standards, and administrative reasoning reviewable, consistent, and predictable. The study finds that the principal vulnerabilities of objectivity in administrative adjudication manifest in three dimensions. First, the boundary is often blurred between judicial review of legality and impermissible substitution of administrative discretion. Second, informational and expertise asymmetries, particularly in technically complex cases, constrain the court’s capacity to effectively test administrative reasons. Third, external pressures arising from public policy, national security, and emergency cases, together with internal institutional factors within the judiciary, including appointment, transfer, evaluation systems, and organizational culture, may produce deviations or inconsistencies in standards of review. The article proposes operationalizing systemic objectivity through systemic and procedural reforms. These include establishing a transparent and accountable centralized roster of experts to serve as court appointed assistants, developing case management mechanisms and standardized timeframes by case type to support informed fact finding, safeguarding objectivity in security and emergency cases through issue specific justiciability criteria rather than categorical non justiciability, and designing procedural safeguards for handling classified information while preserving the core of a fair hearing. The proposals also include proactively strengthening judicial specialized knowledge through collaboration with external institutions. These reforms are advanced while maintaining the court’s active inquisitorial role and applying general principles of administrative law, such as proportionality and legitimate expectations, together with consistent reliance on precedent to enhance coherence and foreseeability. In doing so, the article aims to promote effective and impartial checks on state power under the rule of law in contemporary democratic governance.

ASEAN Framework Agreement on Multimodal Transport (AFAMT) and ASEAN’s Sustainable Multimodal Transport: Exploring Correlations between Legal Harmonisation and Logistics Performance

Nuanchan Changchit — 2026-05-31

This study examines the correlations between the implementation progress of the ASEAN Framework Agreement on Multimodal Transport (AFAMT) and improvements in logistics performance, including potential contributions to sustainable economic development within ASEAN. By employing doctrinal legal analysis of the AFAMT’s provisions and a descriptive review of the World Bank’s Logistics Performance Index (LPI) data, this study highlights associative patterns between the degree of the AFAMT implementation and reductions in trade transaction costs and improved logistics efficiency. Although no causal relationship is asserted, the findings suggest that ASEAN member states (AMSs) implementing the AFAMT experienced concurrent improvements in logistics performance, while also promoting ASEAN’s broader sustainable objectives.

The study demonstrates that legal coherence creates conditions conducive to regional economic integration, competitiveness, and green economy. It proposes that accelerating full-scale implementation of the AFAMT, alongside targeted legal and policy reforms, could strengthen ASEAN’s logistics integration and sustainability objectives.

The Principle of Protecting the Party’s Rights on Provisional Measures Judicial in Administrative Cases: A Comparative Study of Thai, French, and German Laws

Suphawut Mokmethakul — 2026-05-31

This research aims to compare the Thai, French, and German legal systems, two traditions that have significantly shaped Thai administrative law. The study specifically focuses on protecting the party’s rights on provisional measures judicial in administrative cases, a principle now widely recognized in administrative law.

The study found that Thailand has developed a system for protecting the party’s rights on provisional measures judicial provisional judicial protection in administrative cases. This system is divided into two types: the suspension of enforcement of administrative rules or orders and the granting of interim measures. While these provisions are similar in form and nature to those in many jurisdictions, the French and German legal systems have developed more specialized forms of protection to align with the European Union legal system.

Although not an EU member, Thailand has gradually developed its own provisional judicial protection system, drawing primarily on French and German legal experience and adapting it to the Thai social and cultural context. Therefore, the study identifies legal shortcomings that present an opportunity to further develop the Thai system for protecting the party’s rights on provisional measures judicial in administrative cases, building on over two decades of Thailand’s practice and enforcement.

Legal Limitations of Thailand in Implementing the UN Guiding Principles on Business and Human Rights in Thailand Cross-Border Investment Cases

Naruedon Phimnon — 2026-05-31

The United Nations Guiding Principles on Business and Human Rights (UNGPs) establish a legal framework defining the responsibilities of states and business enterprises to protect, respect, and remedy human rights violations arising from business activities. However, as non-binding international soft law, their implementation by states particularly Thailand continues to face significant legal constraints.

This article examines the limitations of the Thai legal system in implementing the UNGPs in the context of cross-border investments by multinational corporations. The analysis focuses on relevant domestic legislation, including the Conflict of Laws Act B.E. 2481, the Foreign Business Act B.E. 2542, and the Civil and Commercial Code, alongside selected foreign court decisions concerning jurisdiction and corporate liability. The study finds that Thai law remains ill-equipped to exercise effective extraterritorial jurisdiction and lacks binding legislation on mandatory human rights due diligence. Accordingly, the article proposes the enactment of specific legislation on business and human rights to establish enforceable mechanisms for regulation, accountability, and remedies in line with international human rights standards.

Legal Considerations for the Protection of Personal Data in Private Higher Education Institutions in Thailand

Nidawan Pawcsuntorn — 2026-05-31

This article examines the legal considerations governing the protection of personal data in private higher education institutions in Thailand, which operate under the Private Higher Education Institutions Act B.E. 2546 (2003) and the Personal Data Protection Act B.E. 2562 (2019). While the former establishes the legal status and regulatory framework of private higher education institutions, it does not provide sector-specific provisions on personal data protection. By contrast, the Personal Data Protection Act functions as a general data protection law applicable across all sectors, without explicit regard to the distinctive characteristics of higher education.

Employing legal documentary research, this study analyzes Thai law in comparison with the legal frameworks and regulatory practices of the United Kingdom and Singapore, together with the principles of the European Union’s General Data Protection Regulation (GDPR). The findings indicate that the principal challenges in applying the Personal Data Protection Act to private higher education institutions in Thailand do not stem from deficiencies in the statutory text itself, but rather from the absence of sector-specific guidance and an integrated governance mechanism linking the general data protection regime to the educational context. This gap gives rise to legal uncertainty and practical difficulties in the effective exercise and enforcement of data subject rights.

By contrast, both the United Kingdom and Singapore have developed education-specific guidelines that complement their general data protection laws and facilitate more coherent and predictable enforcement. Accordingly, this article argues that Thailand should develop subordinate legislation or national sector-specific guidelines for private higher education institutions in order to enhance the protection of personal data and to reduce legal uncertainty in a systematic and practical manner.

Guidelines and Measures for the Promotion and Support of Space Activities: A Case Study the Establishment of the Thai Space Activities Promotion Fund

Chukeat Noichim — 2026-05-31

This research aims to identify approaches and measures for establishing Thailand's space industry promotion fund by analyzing operational approaches of various countries across three main groups: space superpowers, space-advanced countries, and space-developing countries. The research findings indicate that the United States maintains the most efficient administrative management system, characterized by a clear legal framework, diverse financial support mechanisms, and public-private partnerships. Meanwhile, China has developed a hybrid system that integrates state control with private sector engagement, emphasizing comprehensive development in research and development, investment, and infrastructure. Japan prioritizes the basic policy of the Space Strategy Fund, focusing on transportation, satellite, and exploration activities. Furthermore, the study found that the level of space development is not the sole determinant of having a comprehensive policy framework, but rather depends on strategic planning and each country's commitment to infrastructure development. Regarding recommendations for Thailand in establishing an efficient space industry promotion fund, the country should adopt: the United States' and Philippines' approaches in legal and regulatory frameworks; China's approaches in administrative management structure and fundraising; Japan's approaches in flexible policy implementation; and should establish clarity in legal frameworks with emphasis on developing clear legal frameworks and infrastructure, appropriate management and organizational structures. Moreover, the establishment of Thailand's space industry promotion fund should integrate best practices from various countries while considering the country's context and capabilities. This should commence with clear policy and legal frameworks, efficient administrative management structures, and systematic budget utilization for space industrial infrastructure development in alignment with long-term national development strategies.

Law and Action Plan for “Bullying-Free School”

Walaiwan Mathurotpreechakun — 2026-05-31

This study aims to examine the concepts, theories, relevant agencies, and Thai laws related to bullying, as well as the approaches and measures implemented by the United Nations, the United States, the Republic of Korea, and the Philippines. The goal is to analyze and develop practical guidelines for Thai schools to prevent and address student bullying. The research employs documentary research, in-depth interviews, focus group discussions, and comparative analysis. The findings reveal that bullying in schools can occur in various forms physical, verbal, psychological, and cyberbullying. Thailand still lacks specific legal measures to effectively address this issue, whereas the countries studied have clear laws and policies, such as anti-bullying legislation and student support systems. Therefore, the researcher proposes that Thailand should establish specific laws and school guidelines focusing on creating reporting systems, providing training for teachers and students, offering rehabilitation for victims, and emphasizing restorative measures rather than punitive ones.

Evolution of a Denial of Benefits Clause in International Investment Agreements

Chotika Wittayawarakul — 2026-05-31

A denial of benefits clause is a mechanism used to limit the benefits of International Investment Agreements (IIAs) by excluding certain categories of investors who do not meet specified requirements, even if they fulfill the definition of an investor. Although this clause is an uncommon feature in investment treaties, it has attracted increasing attention due to its key role in addressing nationality planning aimed at obtaining investment treaty protection. To date, host states have invoked such clause in investment treaty arbitration with limited success, highlighting the need to refine the clause to make it more effective and responsive to states’ concerns regarding the implications of investment treaty protection. This study examines the evolution of the denial of benefits clause and observes that recent international investment agreements generally expand the criteria for denying benefits while providing greater clarity on certain procedural and substantive aspects of the clause's application. It is argued that the denial of benefits clause has developed and become more sophisticated to fulfill a range of objectives beyond what was initially anticipated.

Individual Rights and Community Rights in the Mekong River Basin, Kok River, and Sai River (Including the Ruak River) for Environmental Justice Claims: A Legal Feasibility Study on Transboundary Pollution Litigation

Chukeat Noichim — 2026-05-31

This research aims to: (1) examine the scope of the rights of individuals and communities in Thailand residing in the Mekong, Kok, Sai, and Ruak river basins to seek environmental justice under Thai and international law; and (2) analyze the feasibility of employing appropriate legal mechanisms to initiate transboundary pollution litigation arising from the acts or omissions of individuals, groups, or private entities located abroad that cause environmental harm within Thailand. The study is grounded in the 2024 heavy metal contamination, particularly arsenic, affecting these river basins, which has adversely impacted water quality, ecosystems, and the livelihoods of local communities.

The findings indicate that transboundary water pollution constitutes not only an environmental issue but also a human rights concern, as it is intrinsically linked to the right to live in a healthy environment and to community rights under the Thai Constitution. It is also consistent with the United Nations Sustainable Development Goals, particularly those relating to water, health, and justice. However, the study identifies significant structural constraints, including the evasion of responsibility by upstream states, the limitations of international and regional enforcement mechanisms, and practical difficulties concerning jurisdiction, identification of defendants, evidentiary collection, and the enforcement of judgments where defendants or assets are located outside Thailand. In response, this research proposes the use of domestic legal mechanisms to support litigation in cases where damage occurs within the Kingdom of Thailand, relying on jurisdiction under Section 4 of the Civil Procedure Code, together with evidentiary standards and remedial design tailored to the scientific and legal complexities of transboundary pollution disputes. Furthermore, the study recommends the adoption of class action proceedings as the most suitable procedural mechanism for protecting victims’ rights, reducing litigation costs, and enhancing the overall effectiveness of collective remedies.