Kiarttiphorn Umpai


This paper aims to examine the treaty making power and process in recent constitutional provisions reforms in Thailand. It aims to analyze whether the constitutional provision has affected the treaty-making crisis. This study relied on the theory of the sovereignty of state exercised by the executive branch in compliance with the treaty making power concept, the separation of powers, and the checks and balances doctrine. The findings revealed that Thailand’s constitutional amendment related to treaty making processes, proposing a negotiation framework approved by the legislative branch or public participation during a prior negotiation period, is not in compliance with the treaty making concept and state practices of foreign countries. However, Thailand has already reformed the constitutional provision. The implications are that there must be an amendment to the Constitution defining the processes and characteristics of treaties that shall be approved by the legislative branch


Treaty making power; law of treaty; negotiation framework; public participation

Full Text:




Boramanant, Nantawat, France Constitutional Court: Part 2 (20 December, 2004) Public Law Net 1

Clancy, Charles S, ‘An Organic Conception of the Treaty-Making Power vs. State Rights as Applicable to the United States’ (1908) 7 (1) Michigan Law Review 19

French Ministry of Foreign Affairs, The French Justice System (June 2007) Embassy of France in Washington, D.C 1

Helfer, Laurence R and Timothy Meyer, Evolution of Codification: A Principal-Agent Theory of the International Law Commission’s Influence (5 May 2015) Duke University, School of Law 1

Hershey, Amos S, ‘Treaty-Making Power with Special Reference to the United States’ (1926) 1 (5) Indiana Law Journal 261

International Legal Research Tutorial, U.S. Treaties and Agreements-The Process, (28 August 2014) Duke Law

Leangboonlertchai, Pornson, ‘US Constitution and Limitation Power of the Federal Court’ (2553)1 (1) ABAC Law Journal 52.

Leangboonlertchai, Pornson, Rule of Law Development: German and France (19 March 2014) Public Law Net 1

Luchaire, Francois, ‘Participation of Parliament in the Elaboration and Application of Treaties-Europe’ (1991) 67 (2) Chicago-Kent Law Review 341

Neuman, Gerald L, ‘Brakes that Failed: Constitutional Restriction of International Agreements in France’ (2012) 45 Cornell International Law Journal 257

New Zealand Law Commission, Treaty Making Process Reform and the Role of Parliament, Report 45: Appendix A: France (December 1997)

Pakeerath, Vorajet, Act of Government and the Supreme Administrative Court Order No. 547/2551(Preah Vihear Temple [Prasat Phra Wihan]) (5 October 2008) Public Law Net 1

Steinberger, Helmut, Constitutional Subdivisions of States or Unions and their Capacity to Conclude Treaties Comments on Art. 5 Para. 2 of the ILC’s 1966 Draft Articles on the Law of Treaties (Max-Planck-Institut für ausländisches öffentliches Recht und Völkerrecht, 1967) 411

Stewart, Francois and Jones Source, ‘Treaties and Treaty-Making’ (1897) 12 (3) Political Science Quarterly 420

United States Senate, ‘Executive Agreement’ Treaties (20 August 2013)

Uwanno, Borvornsak, Legal Science Analyzing on the Central Administrative Court Order Related to Protection Measures for Temporary Relief in Joint Communiqué between the Thailand and Cambodia (30 September 2015) King Prajadhipok's Institute 1

Vile's, M J C, Constitutionalism and the Separation of Powers: Montesquieu (Liberty Fund, 2nd ed, 1998)

Wildhaber, Luzius, ‘Parliamentary Participation in Treaty-Making, Report on Swiss Law-Europe’ (1991) 67 Chicago-Kent Law Review 437.


Aimayura, Jantajira et al, Check and Balance Mechanism to Executive Branch Power on Free Trade Negotiation (Thailand Research Fund, 2006)

Eakkabutra, Prasit, International Law Volume I: Treaty (Winyuchon, 4th ed, 2008)

Eisemanm, Pierre M and Paphaële Rivier, ‘France’ in Nation Treaty Law and Practice, Duncan B Hollis et al (eds.) (Martinus Nijhoff Publishers, 2005)

Jumpa, Manit and Pornson Leangboonlertchai, United States Constitution: The Explanations on the Principles and Case Law (Winyuchon, 2009)

Kaczorowska, Alina, Public International Law (Routledge, 4th ed, 2010)

Lauterpacht, E and C J Greenwood (eds.), International Law Reports: Volume 98 (Research Center for International Law, University of Cambridge, 1994)

Lenoir, Noelle, ‘Constitutional Council and the European Convention of Human Right: The French Paradox’ in Judicial Review in International Perspective (Kluwer Law International, 2000)

Stankiewicz, W J, Aspects of Political Theory: Classical Concepts in an Age of Relativism (Cassell and Collier Macmillan, 1976)

The Congressional Research Service (CRS), Library of Congress, United States of Congress, Treaties and Other International Agreements: The Role of the United States Senate (United States Government Printing Office, 2001)

United Nations, Treaty Handbook (United Nations Publication, 2012)

United States of Congress, Treaties and Other International Agreements: The Role of the United States Senate (United States Government Printing Office, 2001)


Georgopoulos, Theodore, Checks and Balances Doctrine in Member States as A Rule of EC Law: The Cases of France and Germany in EUSA 8th International Conference, 27-29 March 2003, Nashville Tennessee

Office of the Representative of Thailand, Meeting Report of Drafting Constitution of the Kingdom of Thailand Committee No. 33/2550 (24 June 2007)

Sukanjanajtee, Benjamin, Promoting ASEAN Economic Community through Greater Participation and Transparency in Treaty Making Procedures: Thailand’s Internal Process and ASEAN Rules of Procedure, Embracing the New Role of ALA after the ASEAN Charter, 11th General Assembly 2012, 14-19 February 2012, ASEAN Law Association

United Nations, United Nations Conference on the Law of Treaties, First session Vienna, 26 March – 24 May 1968, Official Records, Summary Records of the Plenary Meetings and of the Meetings of the Committee of the Whole (United Nations, 1969)


Convention of Biological Diversity (CBD) Case [The Constitutional Court of Thailand] No.33/2543, 5 October 2000 reported in [2001] 118, (68A) The Royal Gazette of Thailand 71

International Monetary Fund (IMF) Case [The Constitutional Court of Thailand] No.11/2542, 25 May 1999 reported in [1999] 116 (63A) The Royal Gazette of Thailand 1

Japan-Thailand Economic Partnership Agreement (JTEPA) Case [The Supreme Administrative Court of Thailand] No. 178/2550, 30 March 2007 reported in The Administrative Court of Thailand 1

Joint Communiqué on Preah Vihear Case [The Constitutional Court of Thailand] No. 6-7/2551, 8 July 2008 reported in [2008] 125 (108A) The Royal Gazette of Thailand 1

Joint Communiqué on Preah Vihear Case [The Supreme Administrative Court of Thailand] No. 547/2551, 8 September 2008 reported in The Administrative Court of Thailand 1

DOI: http://dx.doi.org/10.21776/ub.blj.2017.004.01.01


  • There are currently no refbacks.

Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.