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23 - Privatization of Constitutional Law: Thailand

from VII - Challenges to Liberal Democratic Constitutionalism

Published online by Cambridge University Press:  17 February 2022

David S. Law
Affiliation:
University of Virginia
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Summary

Private regulators operating across national borders play and increasingly important role in areas once occupied exclusively by states and state law. These new regulators and their regulatory regimes challenge state-centred conceptions of law, including public law. The Equator Principles (EP) make up a private transnational regime that seeks to regulate infrastructure project finance world-wide. It includes detailed environmental and social impact standards and procedures. After offering a primer on Thailand’s constitutional system, the chapter turns to a case study of the Equator Principles regime that explains how it works, explores its impact in Thailand, and considers its implications – practical, conceptual, and normative – for the uncertain boundaries between private law and public/constitutional law in Thailand.

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Chapter
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Publisher: Cambridge University Press
Print publication year: 2022

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References

Primary Sources

Hardenbrook, Andrew, ‘The Equator Principles: The Private Financial Sector’s Attempt at Environmental Responsibility’ (2007) 40 Vanderbilt Journal of Transnational Law 197232.Google Scholar
Ramraj, Victor V., ‘Transnational Non-State Regulation and Domestic Administrative Law,’ in Lindseth, Peter and Rose-Ackerman, Susan (eds.), Comparative Administrative Law, 2nd ed. (Edward Elgar, 2017) 582598.Google Scholar
Richardson, Benjamin J., ‘Financing Sustainability: The New Transnational Governance of Socially Responsible Investment’ (2007) 17 Yearbook of International Environmental Law 73110.CrossRefGoogle Scholar
Scott, Colin, Cafaggi, Fabrizio and Senden, Linda, ‘The Conceptual and Constitutional Challenge of Transnational Private Regulation’ (2011) 38 Journal of Law and Society 119.CrossRefGoogle Scholar

Secondary Sources

Eoseewong, Nidhi, ‘The Thai Cultural Constitution’ (1991) translated by Chris Baker and reprinted in Kyoto Review of Southeast Asia, Issue 3 (March 2003), https://kyotoreview.org/issue-3-nations-and-stories/the-thai-cultural-constitution, archived at https://perma.cc/CZN8-K594.Google Scholar
Ginsburg, Tom, ‘Constitutional Afterlife: The Continuing Impact of Thailand’s Postpolitical Constitution’ (2009) 7 International Journal of Constitutional Law 83.CrossRefGoogle Scholar
Harding, Andrew and Leyland, Peter, The Constitutional System of Thailand: A Contextual Analysis (Hart Publishing, 2011).Google Scholar
Tonsakulrungruang, Khemthong, ‘Thailand,’ in Law, David S., Lau, Holning and Schwartz, Alex D. (eds.), The Oxford Handbook of Constitutional Law in Asia (Oxford University Press, forthcoming 2022).Google Scholar

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