JEAIL > Volume 16(1); 2023 > Notes & Comments
Research Paper
Published online: May 30, 2023
DOI: http://dx.doi.org/10.14330/jeail.2023.16.1.04

Legal Measures for Forest Conservation in Transboundary Protected Areas in the ASEAN Community

Patrawan Rattanakaset
University of Phayao
19 Moo 2, Phahonyothin Road, Mae-Ka Sub-district, Mueang District, Phayao Province, 56000 Thailand.
Corresponding Author: patrawan.ra@up.ac.th

ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/liceInha University Law School, 100 Inharo, Michuhol-gu, Incheon 22212 Korea. / nses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
This research attempts to identify the issues which make it more difficult to safeguard transboundary protected areas in the ASEAN countries. The research has found that national forest law, which relates only to the territory of each country, is not sufficient to safeguard the transboundary protected areas that spread across the boundaries of two or more countries. There is no national law, regional convention, or bilateral agreement among the ASEAN countries which directly provides for the conservation of transboundary protected areas. This author has adopted a legal approach to the protection of transboundary protected areas in Europe and has proposed that a regional convention or agreement should be used as an instrument to promote cooperation and sustainable management for the conservation of transboundary protected areas and to deal with problems that do not stop at national borders. The relevant domestic laws should be consistent with such a prospective regional convention or agreement.

Keywords : Transboundary Protected Area in ASEAN Countries, Cross-Border Forest Conservation, Law on Forest Protection, Cross-Border Cooperation

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