Privatization of Constitutional Law: Thailand

doi:10.1017/9781108699068.024

23 - Privatization of Constitutional Law: Thailand

from VII - Challenges to Liberal Democratic Constitutionalism

Published online by Cambridge University Press: 17 February 2022

Victor V. Ramraj and

Thitinant Tengaumnuay

Edited by

David S. Law

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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.

Keywords

Equator Principles, Thailand, private regulation transnational law social and environmental standards project finance environmental impact assessment social impact assessment non-state actors global governance

Type: Chapter
Information: Constitutionalism in Context , pp. 517 - 540

DOI: https://doi.org/10.1017/9781108699068.024 [Opens in a new window]

Publisher: Cambridge University Press

Print publication year: 2022

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References

Primary Sources

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