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The Thailand Law Forum welcomes submissions of articles by students, professors, judges and practitioners.

Academic articles may be submitted for review for publication in the Thailand Law Journal

The TLF also publishes serious essays and commentary on current legal issues.

 
 


Thailand Law Journal
2008 Fall (Issue 2) Volume 11


 
corporate governance in thailand: what has been done since the 1997 financial crisis?
 
Obeua S. Persons
This article examines the extent of changes in corporate governance in Thailand since the 1997 financial crisis. Discusses the governance problems in the corporate sector before the crisis and the subsequent improvements to regulation and market forces, regarding: (1) the rights and treatment of minority shareholders; (2) the structure and responsibilities of the board of directors; (3) the rights and role of stakeholders and institutional investors, focusing on creditors, employees and institutional investors; and (4) financial transparency and disclosures. Suggests further improvements. This article was originally publish in the Vol. 3, No. 4, 2006 edition of the International Journal of Disclosure and Governance. It is re-published here with the kind permission of Palgrave Macmillan and Obeua Persons.
 

Culture, Power, and Law: Thinking About the Anthropology of Rights in Thailand in an Era of Globalization

Frank Munger

The author applies Sally Engle Merry's essay on legal consciousness to the Thailand context through an analysis of local elections in the rural, paternalistic villages of Thailand. The author's anthropologic study found that the paternalistic society of rural Thailand created "bonds of reciprocy" between the candidate and local villagers in what he described as a "patron-client relationship".  The candidate or "patron" may be a respected village head, land owner, or employer. The patron may also support the temple financially and receives support from the respected head monk. Hence, the rural villagers as "clients" feel impelled and obligated to vote for the candidate based on loyalty and reciprocy factors and do not view the practice as corrupt.

The article also delves into the rural Northeast community's perception of legal consciousness in a study of villagers' grassroots movements in opposition to the threat of displacement by deforestation, dam construction, and the like. The author found that the social movement was not an expression of rights as normally understood in the Western world, but more as an expression of adherence to Buddhist environmental values
 

PatIents and Access to Medicines in Thailand – The ddl case and beyond

Jakkrit Kuanpoth

This article analyzes the landmark ruling of the Thai Intellectual Property and International Trade Court (CIPITC) for the patented DDI (Didanosine) antiretroviral drug used in treatment of HIV/AIDS infection, examines the history behind the DDI patent, and suggests improvements to patent procedures. The author, Jakkrit Kuanpoth, is a Senior Lecturer at the Faculty of Law, University of Wollongong, Australia. This article was first published in the Intellectual Property Quarterly, No.2, 2006.

 

Intellectual Property Rights and Pharmaceuticals: A Thai Perspective
on Prices and Technological Capabilit
Y

Jakkrit Kuanpoth

This article analyzes the current patent registration regime in Thailand and the potential consequences of more rigorous patent enforcement. The article was written in the context of increasing efforts by United States officials and pharmaceutical companies for greater protection of intellectual property rights in Thailand. The author, Jakkrit Kuanpoth, is a Senior Lecturer at the Faculty of Law, University of Wollongong, Australia. This article originally appeared in Intellectual Property Quarterly, No.2, 2007. pp. 186-215.

 

CONSTITUTIONAL rEFORM, lEGAL CONSCIOUSNESS, AND
CITIZEN PARTICIPATION IN THAILAND

Frank Munger

This article is re-published with the kind permission of Frank Munger, Professor of Law at the New York Law School. Professor Munger holds a Juris Doctor from Michigan Law School and a PH.D in Sociology from the University of Michigan. He is a specialist in social science research and is conducting field research in Thailand. He has written articles on the effects of constitutional reforms on legal change. In this article, he examines differing views of legal consciousness and democracy for rural and urban Thais in the age of globalization and economic development. The article was originally published in Vol.40, 2007, of the Cornell International Law Journal.

 

INTERNET AND INTELLECTUAL PROPERTY

Thiti Susaoraj

The article describes the challenges and innovative solutions created by an increasingly Internet-oriented and digital age. Legislators have had to adapt existing legal frameworks, in particular with regard to intellectual property rights, and draft new laws, to meet the challenges of the Internet and digital technologies. This article is published with the kind permission of Thiti Susaoraj, Judge Trainee. This article originally appeared in Volume 54, No. 3, September – December 2007 edition of Dulapaht Law Journal

 

THE 2010 ELECTION IN BURMA - A HOPELESS AVENUE FOR HUMAN RIGHTS

Burma Lawyers' Council

The article is presented by the Burma Lawyers Council, a non-profit organization based in Tak Province, Thailand. The article provides an analysis of the 2010 election process in Burma and the recently drafted constitution in Burma from a human rights law perspective.

 

THAILAND'S EIGHTEENTH CONSTITUTION

Vitit Muntarbhorn

The article analyzes Thailand’s most recent constitution which is also Thailand’s 18th constitution. The analysis focuses on the differences between the current constitution and the previous constitution of 1997 often termed as the “People’s Constitution”. The constitution drafting process has had great importance in terms of Thailand’s recent turbulent political climate. This article is published with the kind permission of Vitit Muntarbhorn. This article originally appeared in Chulalongkorn Law Volume 26 No.3 February 2008.

 
 

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