以法律与发展解决泰国南部不稳定问题

IF 0.4 Q3 LAW Law and Development Review Pub Date : 2020-06-01 DOI:10.1515/ldr-2020-0051
Prapin Nuchpiam, Dhiyathad Prateeppornnarong
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引用次数: 1

摘要

本文从法律和发展的角度探讨了泰国最南部地区长期以来的不稳定,那里的绝大多数人口是穆斯林。这种不稳定是由一场高度复杂的冲突造成的,宗教和种族分歧、政治冲突、甚至有组织犯罪通常被认为是主要原因。这篇文章将注意力集中在穆斯林人口中的一种怨恨情绪上,这种情绪源于他们在当局手中遭受的持久的经济不平等和不公正。处理这两个密切相关的问题当然不会导致冲突的解决,但以一种相互关联的方式处理它们至少澄清了冲突的一个重要方面,并以有意义的方式为目前在泰国最南部地区寻求可持续和平作出贡献。我们在本研究中采用的法律和发展方法试图展示现有的监管设计(法律、法律框架、机构)是如何实施的——也就是说,在制定行动计划和战略(以安全行动和发展举措的形式)方面是如何遵守的,以及达到了什么效果。根据我们的研究结果,实施的质量是泰国南部腹地法律和发展实施失败的一个主要条件。因此,我们强调必须有真正的政治意愿,并通过铲除腐败和机会主义犯罪来加强国家执法能力,这是在这方面可行的解决办法。
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Addressing Instability in Thailand’s Deep South with Law and Development
Abstract This article approaches the long-standing instability in the southernmost part of Thailand, where a vast majority of the population is Muslim, from a law and development perspective. The instability has resulted from a highly complicated conflict, of which religious and ethnic differences, political conflict, and even organized crime are generally claimed as the main causes. The article directs its attention to a sense of resentment among the Muslim population, which has arisen from enduring economic disparities and injustice they have suffered at the hands of the authorities. Addressing these two closely related issues certainly does not lead to a resolution of the conflict, but tackling them in an interrelated manner at least clarifies one of its significant aspects and contributes in a meaningful way to the ongoing search for a sustainable peace in Thailand’s southernmost region. The law and development approach we have adopted for this study attempts to show how the existing regulatory design (laws, legal frameworks, institutions) has been implemented – that is, how it has been complied with in terms of generation of action programs and strategies (in the form of security operations and development initiatives) and to what effect. Based on our findings, the quality of the implementation represents a major condition for the failure of the law and development implementation in Thailand’s Deep South. We therefore highlight the necessity of genuine political will and the enhancement of the state capacity for law enforcement through eradication of corruption and opportunistic crime as a feasible solution in this context.
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来源期刊
CiteScore
0.90
自引率
0.00%
发文量
12
期刊介绍: Law and Development Review (LDR) is a top peer-reviewed journal in the field of law and development which explores the impact of law, legal frameworks, and institutions (LFIs) on development. LDR is distinguished from other law and economics journals in that its primary focus is the development aspects of international and domestic legal orders. The journal promotes global exchanges of views on law and development issues. LDR facilitates future global negotiations concerning the economic development of developing countries and sets out future directions for law and development studies. Many of the top scholars and practitioners in the field, including Professors David Trubek, Bhupinder Chimni, Michael Trebilcock, and Mitsuo Matsushita, have edited LDR issues and published articles in LDR. The journal seeks top-quality articles on law and development issues broadly, from the developing world as well as from the developed world. The changing economic conditions in recent decades render the law and development approach applicable to economic issues in developed countries as well as developing ones, and LDR accepts manuscripts on law and economic development issues concerning both categories of countries. LDR’s editorial board includes top scholars and professionals with diverse regional and academic backgrounds.
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