ปัญหาทางกฎหมายในการจัดการทรัพยากรน้ำอย่างมีส่วนร่วมของผู้ใช้น้ำในภาคการเกษตร

Abstract

The research is a study about legal systems that related on water resource management. Objectives of this research focus on two aspects. Firstly, water resource should have management in characteristics of common pool resource. Secondly, right to water should be under framework of human rights law. Furthermore, this research has three important contents. The first content is designed principle. That is a principal framework to analysis about natural resource management particularly in water resource. Water users have to define clear boundary. Meanwhile, rules could be flexible for congruence between social and local conditions Process of monitoring and sanction are necessary to control violators. Moreover, dispute settlement remains crucially management without domination from state officers. Finally, the process is connected with other enormous and complexity social ecology. The second content is knowledge of water resource management under contexts of international law. Both international convention and treaty govern right to water and its implementation over domestic law in each party state and including the meaning and component of content of right to water. The final issue is the water resource management in Thai legal system that distinguishes between Thai laws. The laws regulate fundamental rights such as Thai Constitution, Civil and Commercial Codes, and especially specific acts concerning general water resource management and agricultural sector management.