Legal Development of Public Service Provision by Local Administrative Organizations: A Case Study of Disaster Prevention

Abstract

This research aims to examine the legal problems surrounding public service provision by local administrative organizations in Thailand in relation to disaster prevention and mitigation before disasters occur. It also seeks to analyze relevant concepts, theories, principles, and legal frameworks in Thailand and foreign jurisdictions in order to propose legal development consistent with the rule of law and international standards. This study employs qualitative documentary research based on legislation, textbooks, academic articles, research reports, and other relevant legal documents from both domestic and foreign sources.                                                                                   The findings identify four critical problems in the Disaster Prevention and Mitigation Act B.E. 2550. First, the scope of LAOs' powers and duties during normal conditions and disaster situations remains insufficiently defined, causing local officials to hesitate in taking proactive pre-disaster action. Second, Section 21 fails to establish clear criteria for situational assessment, severity levels, or conditions for the lawful exercise of official powers, thereby generating legal uncertainty incompatible with the principle of legal certainty under the rule of law. Third, the statutory structure addresses only the emergency response phase, lacking legal mechanisms for the prevention, preparedness, and recovery phases of the internationally recognized disaster management cycle. Fourth, pre-disaster mitigation measures remain entirely discretionary rather than legally binding obligations, depriving citizens of any enforceable legal right to demand such protective services. Analysis of subordinate legal instruments — including the National Disaster Prevention and Mitigation Plan, operational manuals, financial regulations, and provincial action plans — further reveals that none of these instruments establishes pre-disaster operations as judicially reviewable binding duties for LAOs.                                                                             Comparative analysis with the Sendai Framework for Disaster Risk Reduction 2015–2030, Japan's Disaster Countermeasures Basic Act of 1961, and Germany's principle of proportionality (Verhältnismäßigkeitsprinzip) demonstrates that effective disaster law systems clearly delineate local government roles, distinguish situational levels and corresponding powers, codify pre-disaster positive obligations as legally binding duties, and establish mechanisms protecting citizens' rights alongside disaster management authority. Based on these findings,

This research proposes five amendments to the Disaster Prevention and Mitigation Act B.E. 2550: (1) revising the definition of "disaster prevention and mitigation" to encompass all phases of the disaster cycle; (2) adding dedicated chapters on pre-disaster preparedness and post-disaster recovery; (3) inserting a provision establishing clear legal conditions for the exercise of powers by local directors; (4) refining the definition of "disaster" to align with the functions of civilian administrative agencies; and (5) elevating the legal status of subordinate instruments to create judicially enforceable binding obligations. These reforms would strengthen legal certainty, enhance administrative efficiency, and align Thailand's disaster management framework with the rule of law, human rights principles, and international disaster management standards.