Abstract:
The purposes of this research were to study basic concept and principles of free trade in higher educational services under GATS and FTA together with their pros and cons; to study and analyze Thai and foreign higher education legislatures and their effects of free trade on higher educational services in order to propose a higher education law as a mechanism in coping with foreign competition. Research methods employed were content analysis with a survey using a questionnaire for administrators of public and private universities as well as in-depth unstructured interviews with parents. The drafted Bill was reviewed by a group of experts according to the connoisseurship model. Final comments from the public were culminated through a specially designed website. Results of the research : 1. There are 4 forms of free trade in higher educational services under GATS and FTA, namely,(1 ) Cross Border Supply, (2) Consumption Abroad, (3) Commercial Presence, (4) Presence of Natural Person. At present Thailand is not totally committed to GATS in opening higher education market. However, some countries are exceptional, such as Australia. 2. The existing higher education legislatures being enforced at present are not viable to free trade in higher educational services either in market access or national treatment issues. 3. The Private Higher Education Institutions Act : B.E. 2546 , a law focused on services in higher education, contains provisions mainly on control and hence, contributes to the lack of autonomy in carrying out business in private higher education institutions. 4. The drafted Bill of the Higher Education Institutions B.E. . as proposed in this research includes provisions in allowing administrative autonomy. Additionally, the proposed law aims at building competencies in gaining competitive edge against foreign higher education institutions.