Legal Problems Related to Holders of Community Rights in the Utilization of Natural Resources: A Case Study of Forest Land in the Conservation Area
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Abstract
This research article aims to study the concept and theory of community rights in the utilization of natural resources, to analyze Thai law, international law and foreign law as well as finding solutions and formulating legislation to protect community rights to use forest lands in protected areas. The researchers used the qualitative research methodology by using 3 methods of data collection, namely documentary research, in-depth interviews and focus group discussion and analyzed the data by using content analysis techniques and comparison interpretation.
Findings show that the Constitution of the Kingdom of Thailand B.E. 2560 (2017), decreases holders of local community rights. The National Reserved Forest Act B.E. 2507 (1964), the National Park Act B.E. 2562 (2019) and the Wildlife Preservation and Protection Act B.E. 2562 (2019) pose legal problems in not determining the definition of community; measures of community protection certification not having community participation. Other types of law related to natural resources except forest land. International law (hard law) is a legal guideline that Thailand prescribes a law in Thailand for the rights protection certification of ethnic groups and local communities. They can reside, earn a living, inherit culture, traditions, conservation, and utilize forest land. India, the Philippines, the United States of America, and Australia have a general law for certification of community rights, traditional local communities, local culture, and tribes in the utilization of forest land and that in the conservation area.
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Academic articles, research articles, and book reviews in the Ph.D. in Social Sciences Journal are author’s opinions, and not the publisher’s, and is not the responsibility of the Ph.D. in Social Sciences Journal Philosophy Association, Ramkhamhaeng University. (In the case that research is done on human, the researcher has to be trained in Ethics for Doing Research on Human Training and has to produce the evidence of the training).
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