Abstract:
Nowadays, the concept of community-based fishery management has long been provided under the principle of common heritage of mankind. Under this principle, even though it is opened for public usage, it is still under control of States entitled to such natural resources. By means of governmental natural resources management, this, subsequently, degenerate natural resources itself. Nonetheless, with local wisdom, communities can manage this freely access natural resources by themselves under the principle of the co-management of natural resources. This includes the consideration of natures of natural resources, users, terms and conditions of natural resources usage, and laws and regulations which allows such communities to manage resources themselves legally. This research consists of two parts. The first part will explore the concept and the principles of co-management of natural resources and the effects of the legal sanctions on Thai community-based fisheries, including a comparative study between Thai and foreign laws on the right to natural resources and the co-management concept. In the second part will be the analysis part and conclusions and suggestions for Thai law development. According to this research, it reveals that the concept of natural resources management which a State is a sole owner of all natural resources in its territory. Then, such State renders the right to access to these resources to people and communities. This concept creates a very complicated issue on the right to natural resources. This complicated issue concerns the property rights, the right to property, and the right to accession to natural resources. The research reveals that the co-management of natural resources between a States authorities and communities is more practical and reliable in many ways, particularly in accession to natural resources and sustainable conservation of natural resources. Therefore, for the effective management of such natural resources, Thai laws and regulations concerning Thai community-based fisheries should be based on the principle of co-management. All stakeholders have to pay their contribution for providing the rules for a sustainable development on this matter as follows: (1) reaffirming that States are the sole owner and have the right to regulate natural resources within their territory, (2) recognizing that communities have the right to accession to natural resources, (3) Agreeing that States can regulate terms and conditions on accession and usage of natural resources, and (4) reaffirming that co-management of natural resource are based on the cooperation of all stakeholders.