กฎหมายเพื่อการพัฒนาความสามารถในการแข่งขันของธุรกิจโลจิสติกส์

Abstract

               The main objective of this research is to suggest legal measures that are adequate to promote the logistics service business. The research was carried out by a qualitative research including legal research and conducting interview the two groups of informants i.e. public sector and private sector with a purposive sampling technique and a snowball technique.

                The fact finding revealed that in the overview, the logistics businesses of the world, ASEAN, and Thailand are being interconnecting as the global value chains. The logistics is a nucleus of moving forward world economy efficiently and various countries are enthusiastic to develop their own domestic logistics business and systems to enhance competitive capacity. The research also found that public sector and private sector of Thailand have acknowledgement and roles to the relation between obligations of the agreement on trade in services (GATS and AFAS) under supervision of World Trade Organization and ASEAN.  In addition, the research found that several Thai laws relating to logistics business are scattering in many government agencies’ responsibilities, too detailed for the entrepreneurs to comprehend and consequently, violate them in the end and being burdensome unnecessarily to the entrepreneurs. Besides, some sections of those laws are not complied with principle and characteristics of good law i.e. unclear, inflexible, non-adjustable to changing world economy and advanced technology. The law enforcement has not yet been fair, transparent and adequate to support business and fair competition as well as not in accordance with principle of liberalization of trade in services which emphasizes on non-discrimination. This research suggested rearranging related laws to be systemized i.e. merge several subsidiary laws to be easy for access and comprehension, regulating use of discretion to be definite, transparent and accountable and, eventually, improving substantive laws having limitations on investment and business operation for preparedness of liberalization of trade in services in pursuance with Thailand’s obligations bound under GATS and World Trade Organization’s supervision and bound under ASEAN Framework Agreement on Services (AFAS).