The Concept of Benefit Sharing and Environmental Conflict Resolution: A Comparative Study of the USA Laws : Lesson-learned from USA and compare with Thailand
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Published:
Dec 24, 2018
Keywords:
Benefit Sharing Community Benefit Agreements Mega Projects
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Abstract
The concept of “Benefit Sharing” is the tool to interlock the concept of international environmental law and economics with public interests oriented in public law which explains the needs of the government to provide public services related to Mega Projects. The main objective of the concept of “Benefit Sharing” focuses on maintaining public services or public interests on the one hand, and on the other hand, creating equality through public participation. The concept of “Benefit Sharing” has been playing a crucial role in “sharing” the benefits between the people of the whole country with the people in the affected area in various ways. The USA has already started to apply this kind of concept through “Community Benefit Agreement”. This approach appears to be successful. The people in the affected area seem to accept the Mega Project of the government. Unfortunately, Thailand still does not have specific law relating to the concept of “Benefit Sharing”. However, the concept of “Benefit Sharing” appears indirectly in the energy
and mining laws, but still ambiguously. Therefore, the researcher would recommend that Thailand should draft the Benefit Sharing Law which designs appropriate law, contract or incentive measures. With the assistance of this Benefit Sharing Law, the government can conduct the form and the type of Benefit-Sharing in accordance with community rights, as the core values. The concept of “Benefit Sharing” should be classified and detailed according to various types of projects such as power plant, mining, industrial estates etc., which can resolve the existing benefit-related conflict sustainably.
and mining laws, but still ambiguously. Therefore, the researcher would recommend that Thailand should draft the Benefit Sharing Law which designs appropriate law, contract or incentive measures. With the assistance of this Benefit Sharing Law, the government can conduct the form and the type of Benefit-Sharing in accordance with community rights, as the core values. The concept of “Benefit Sharing” should be classified and detailed according to various types of projects such as power plant, mining, industrial estates etc., which can resolve the existing benefit-related conflict sustainably.
Article Details
How to Cite
Chaikan, Chanwit. “The Concept of Benefit Sharing and Environmental Conflict Resolution: A Comparative Study of the USA Laws: : Lesson-Learned from USA and Compare With Thailand”. Naresuan University Law Journal 11, no. 2 (December 24, 2018): 7–31. Accessed April 19, 2024. https://so04.tci-thaijo.org/index.php/lawnujournal/article/view/119929.
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Academic Articles
References
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Campbell, Henry. Black’s Law Dictionary with Pronunciations. 9th ed. MN: West Pub, 2007.
Chanwit Chaikan. Lessons from Nuclear Power Plant and People’s Participation in Japan. Bangkok: Din design, 2011. [In Thai]
Faculty of Communication Art, Chulalongkorn University. A study of the Benefits that People should Receive and the Criteria for Inviting Public to Offer the Site for the Power Plant (Final Report). Bangkok: Office of the Energy Regulatory Commission, 2012. [In Thai]
GobertAnn, Dufaux, Julie, and Dufaux, Frédéric. “Environmental Justice, Community Benefits and the Right to the City, the Case of Detroit.” Accessed March 6, 2018. https://www.researchgate.net/publication/284423199_Environmental_
Justice_Community_Benefits_and_the_Right_to_the_City_The_case_of_Detroit.
Kanongnij Sribua-eaum. The Study of Drafted the Rules which Issued in Accordance with Nuclear Power Plant Safety Law (Research Report). Bangkok: Office of Atom for Peace, 2008. [In Thai]
Khunvijit Suppamatra. Administrative Law. Bangkok: Thammasat University, 1937. [In Thai]
Kittisak Prokrati. The Right of Individual who are Community. Bangkok: Office of the Constitutional Court, 2007. [In Thai]
Marcello, David A. “Community Benefit Agreements: New Vehicle for Investment in America’s neighborhoods.” Urban Lawyer 39, no. 3 (2007): 657-669.
Montgomory, John D. Public Interest in the Ideologies De National Development, The Public Interest. New York: Atherton,1967.
Pakorn Palawongpanich. “Legal Framework for Public Participation: A Case Study of Nuclear Power Plants in Thailand.” Master’s thesis, Faculty of Law, Chulalongkorn University, 2011. [In Thai]
Phanwit Rojanatanti. “The Reconciliation of Public Interest and Individual Liberty in Thai Legislation Process.” Master’s thesis, Faculty of Law, Chulalongkorn University, 2002. [In Thai]
Phra Brahmagunabhorn (P. A. Payutto). Buddhist Economic. 3rd ed. Bangkok: Komol Keemthong, 1997. [In Thai]
Piyarat Mojanee. “Class Action Litigation in the Administrative Court.” Individual Study. Training course on the High Level Administrative Case Officials, Batch 5.Banglkok: Office of the Administrative Court, 2010. [In Thai]
Prapatsorn Khamsawat. “Externalities and Property Rights.” Chonburi Sriprathum Journal. Sriprathum Chonburi University 9, no.3 (2013): 11-18. [In Thai]
Preedee Kasemsup. Legal Philosophy. 6th ed. Bangkok: Book and Journal of Law Project, Thammasat University, 2010. [In Thai]
Rebelgroup. Benefit-Sharing Mechanisms in Renewable Energy (Reshare) (Final Report). Netherlands, Rebelgroup, 2011.
Salkin, Patricia E., and Lavine, Amy. “Understanding Community Benefits Agreements: Equitable Development, Social Justice and Other Considerations for Developers, Municipalities and Community Organizations.” UCLA Journal of Environmental Law and Policy26, no.2 (2008): 291-331.
Sukothai Thammathirat University. “Economic Instruments.” Accessed July 22, 2018. https://www.stou.ac.th/stouonline/LOM/data/sec/Lom21/05-01-02.html. [In Thai]
Vorapot Visrupith. Basic Principle of Administrative Law. Bangkok: Winyuchon, 1997. [In Thai]