Legal Control of Adverse Economic Impacts from the E.E.C. Project Focusing on Land Problem

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Mingkwan Chawankon

Abstract

The E.E.C. project, Thailand’s special economic zone, needs to gain land from people by expropriation for developing the project. Both the Constitution and Immovable Property Expropriation and Acquisition Act B.E. 2562 require that ‘just compensation’ must be paid to the landowner in expropriation, yet the compensation assessed by the committee is still contrary to the Constitution and causes unfairness to the landowner because compensation for land expropriation is always lower than the market price. Appraisal prices set by the government authority, as one of the factors to assess compensation, do not reflect the real market value of the land. The provision concerning list of person with the right to get compensation is also not clear enough to provide fairness to affected people. The principle of just compensation is also not included in the guideline for the committee to set the preliminary price for expropriation. While in foreign expropriation laws, they mainly focus on the real market value, and provide more protection to redress the damage by giving compensation for non-pecuniary damage for severely mental suffering, and compensation for loss of goodwill to compensate the business loss resulted from the expropriation. As a result, being a huge project which can generate high income to the state and affect lots of people, E.E.C. should focus more on just compensation to establish fairness in the society. Besides, the removal of some unfair factors and the addition of some beneficial factors are also recommended.

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References

Alias A and Daud MN, “Payment of Adequate Compensation for Land Acquisition in Malaysia” [2006]
Bailii ‘European Court of Human Rights’ accessed 9 August 2019
Fontana B, “Damage Awards for Human Rights Violations in the European and Inter-American Courts of Human Rights”, Volume 31 Santa Clara L. [1991]
Hien PT, “Striking the Right Balance between the Public and Private Interests in Compulsory Acquisition of Land in Vietnam”, Land grabbing, conflict and agrarian-environmental transformations: perspectives from East and Southeast Asia, An international academic conference, Chiang Mai University, Conference Paper No. 39 [2015]
Icelandic Human Right Centre, ‘The Right to Equality and Non-Discrimination’ accessed 12 July 2019
Kenton W, “Expropriation” accessed 1 July 2019
NESRI, ‘Economic and Social Rights’ accessed 11 June 2019
Sittikorn S, ‘Property owner satisfaction with compensation for expropriation of residential property: A case study of Ram Intra-Ad Narong expressway’, (Housing Development thesis, Chulalongkorn University 1997)
Wickeri E and Kalhan A, “Land Rights Issues in International Human Rights Law” Institute for Human Rights and Business [2010]