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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.

 

Shin Corp (Thailand) and Temasek (Singapore) Case

Lawan Thanadsillapaku

Professor Thanadsillapakul provides a legal analysis explaining the historical background and socio-economic factors that brought the Temasek case to the forefront of Thai political and legal discussion. The Temasek case put Thailand's Foreign Business Act and system for handling foreign investment under scrutiny. The conclusions that are drawn from the article include the need for a standardized investment regime and a clearer policy for foreign direct investment.

 
   

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