Videos by Mark Charoenwong
I gave a talk on Human Trafficking in the ASEAN and Thai context at the International Conference ... more I gave a talk on Human Trafficking in the ASEAN and Thai context at the International Conference for Combating Human Trafficking which was provided in Taiwan 2020 49 views
Papers by Mark Charoenwong
Research Institute for Developing Investigation and Prosecution, 2022
This article will focus on the current situation of Thailand regarding to the deficiency of legal... more This article will focus on the current situation of Thailand regarding to the deficiency of legal instruments for handling some activities which are online child sexual exploitations. In fact, though they are criminal activities in various countries, Thailand has no legal apparatus for suppressing the activities, such as an impropriated communication pertaining to sexual matters (Online Sexting), grooming or preparing a child for being a victim of online sexual exploitation (Online Grooming), accessing child pornography, and blackmailing for sexual benefit (Sextortion). Moreover, this article will also explicate a process for solving the problem of deficiency of law which has been operating by the SubCommittee for Considering and
Even though sixty per cent of human trafficking cases around the globe occur in the ASEAN region,... more Even though sixty per cent of human trafficking cases around the globe occur in the ASEAN region, extradition requests are almost never made by the Member States, apart from in the case of Rohingya.In contrast, the number of surrendered persons within the EU is proliferating as a result of the transformative process of extradition from the intergovernmental to the supranational-type approach to extradition. However, since the adoption of the European Arrest Warrant (EAW), subsequent literature has assumed that the supranational-type approach of the EAW negatively impacts upon the human rights of the requested persons. This article will examine the relationship between regional cooperative structures on extradition based on Supranational and Intergovernmental models of the EU and the ASEAN respectively, in particular, the issue of human rights protection. It is argued that the relationship between the theoretical bases of regional cooperative structures and the impact upon human righ...
Social Science Asia , 2019
Even though sixty per cent of human trafficking cases around the globe occur in the ASEAN region,... more Even though sixty per cent of human trafficking cases around the globe occur in the ASEAN region, extradition requests are almost never made by the Member States, apart from in the case of Rohingya. In contrast, the number of surrendered persons within the EU is proliferating as a result of the transformative process of extradition from the intergovernmental to the supranational-type approach to extradition. However, since the adoption of the European Arrest Warrant (EAW), subsequent literature has assumed that the supranational-type approach of the EAW negatively impacts upon the human rights of the requested persons. This article will examine the relationship between regional cooperative structures on extradition based on Supranational and Intergovernmental models of the EU and the ASEAN respectively, in particular, the issue of human rights protection. It is argued that the relationship between the theoretical bases of regional cooperative structures and the impact upon human rights of the requested persons has never been critically examined. Therefore, the main question of this research is whether the possible impact on the human rights of the requested person is a direct consequence of regional cooperative models. In fact, both intergovernmental and supranational-type approaches have advantages and disadvantages in protecting the requested person's human rights. With respect to the ASEAN context, the model of extradition process is not the crucial factor because law enforcement practitioners implement a more expedient process-a deportation system-in place of extradition, even though they know that it would erode the human rights of the requested person. In addition, under the supranational laws/institutions of the EU-the Charter of Fundamental Rights of the European Union, the European Court of Human Rights and the Court of Justice of the European Union-the requested person's human rights have been better protected than under the intergovernmental cooperative structure of the ASEAN. This is because the supranational legal instruments of the EU have been established for the implementation of legal mechanisms to protect human rights which are still lacking in the ASEAN.
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Videos by Mark Charoenwong
Papers by Mark Charoenwong
This thesis argues that the complexity of the ASEAN conventional extradition procedure and specific factors relating to history, culture, religion, politics, education and economic context – which informants raised in interviews – have influenced Thai law enforcement practitioners in avoiding the implementation of an extradition process by using a deportation system instead. Moreover, these factors are also impediments to transplanting the EAW model into the ASEAN region. If the EAW model were to be implemented in ASEAN currently, even though it would effectively reduce the length of time of an extradition process, it would be more likely to diminish rather than enhance the human rights of the requested person. The examination of the thesis will assist in providing recommendations on the form of ASEAN extradition procedure for fighting human trafficking cases by balancing the efficiency of the process and the protection of the requested person’s human rights.
This thesis argues that the complexity of the ASEAN conventional extradition procedure and specific factors relating to history, culture, religion, politics, education and economic context – which informants raised in interviews – have influenced Thai law enforcement practitioners in avoiding the implementation of an extradition process by using a deportation system instead. Moreover, these factors are also impediments to transplanting the EAW model into the ASEAN region. If the EAW model were to be implemented in ASEAN currently, even though it would effectively reduce the length of time of an extradition process, it would be more likely to diminish rather than enhance the human rights of the requested person. The examination of the thesis will assist in providing recommendations on the form of ASEAN extradition procedure for fighting human trafficking cases by balancing the efficiency of the process and the protection of the requested person’s human rights.