Good Governance in the Treaty-Making Process and its Democratic Dilemma

The emergence of Thailand’s treaty reform has not only brought change to its legal landscape, but also significant social, political and economic implications within the governing process. While it is political and social in the sense that the mechanisms introduced under Section 190 of the 2007 Constitution (treaty clause) are intended to secure greater accountability and transparency in the public administration through the increased involvements of the public and the institutional branches, the economic dimension derives from the fact that this provision directly deals with the scope of the executive’s authority in the conduct of international relations, trade and investment upon which domestic economy depends. This new approach makes perfect sense, especially from the liberal democracy perspective which believes in the restriction of government power. Nevertheless, these implications in which the effectiveness and responsiveness of government function have been substantially undermined come with a new dilemma and challenges which also pose threats toward the principle of democracy and its implementation. This dissertation hopes to provide a middle ground for Thailand’s treaty model through the exploration of the relationship between legal and political disciplines in the maintenance of the good governance principle and practice. In the derivation of the treaty model, the study draws out two important arguments to secure the government administration’s effectiveness, (i) the cultural component in which various democratic theories concerning the mechanism of public participation are examined to maximize the political role of the public, and (ii) the structural component in which the separation of powers principle is addressed in relation to creating the proper roles and functions of the legislature and judiciary in the foreign affairs context. The comparative study of the surveyed countries’ treaty practices, which reveals the executive’s central foreign affairs authority, the legislative manner of control and the application of judicial limits, is also used in order to help determine the scope of the public, legislature and judiciary involvements in the treaty process along with these two important components. The study opens up a new meaning of democracy in which practicality is the focus of its adoption. The proposed treaty model will not only carry out this important principle, but will also continue to operate as both the people’s safeguard against the encroachments of their interests and as the machinery that promotes a quality administration. Therefore, the research concludes that, while the current legal and institutional arrangements of the treaty clause are found inadequate to effectively respond to socio-political and economic challenges, the proposed treaty reform can become an important platform for a more ambitious model of the future