Rethinking and Intergration of Thais Railway Legal System


ผศ.ดร.เกียรติพร อำไพ


Proceedings of the Universal Academic Cluster International Summer Conference in Hokkaido, 2019


This paper aims to study the problems on the rail transportation law of Thailand. According to the study, the rail transportation standards and legal systems in Thailand have been developed from 1890 to the present. Nowadays, Thailand has three kinds of transportation system services: traditional trains (State Railway of Thailand [SRT]), Skytrain (Bangkok Mass Transit System [BTS] and Mass Rapid Transit [MRT]), and an underground (MRT). However, the specific and modern rail law and operator that operates the Skytrain and underground systems are separate from the traditional rail transportation system, which is authorized by the State Railway of Thailand. This study found that they did not have the same service and management standards as ground rail transportation. Some of their services did not comply the standards of the international railway agreement because Thailand was not a state party of any international agreement and did not implement the international standard and legal system under its authority as the regulator and operator on the rail transportation services. The research examines the legal question of whether the integration of Thai’s railway legal system into sui generis as central law and to constitute single regulator can upgrade the standards as well as Thailand’s law on the rail transportation system. The study is based on a comparative method to examine and analyze legal problems of railway transportation regulated by the Department of Rail Transport among EU, UK, and Thailand. Consequently, to accomplish the goal of Thai’s rail transportation law development must ratify to state parties of the railway international law and comply with state practice of foreign countries by implementation the international standard to the domestic legal system under its authority as the regulator and operator on the rail transportation services.

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