LEGAL PROBLEMS IN THE PROTECTION OF DURIAN FARMERS: A CASE STUDY OF TRADING THROUGH PACKING HOUSE (LHONG)

Abstract

           This research aimed to 1) examine legal problems concerning durian trading in Thailand, 2) examine concepts and theories related to the trade of high-value fruits, 3) examine Thai and foreign laws governing the trade of high-value fruits, 4) analyze problems arising from durian trading, and 5) provide conclusions and recommendations for addressing legal problems concerning durian trading. This study employed a qualitative research methodology based on documentary research involving relevant documents, books, textbooks, journals, research reports, and electronic sources.

          The findings reveal that although durian is Thailand’s leading economic fruit, generating more than 100 billion baht annually in export revenue, Thailand has no specific legislation governing domestic durian trading. Consequently, various legal problems remain, requiring the application of several related laws. These laws do not adequately address issues concerning unregistered or unlicensed packing house operators, the lack of legal control over the forms and conditions of sales contracts and futures contracts, insufficient penalties, and the absence of a government agency responsible for supervising and managing durian trading contracts. As a result, farmers do not receive adequate and fair protection. In contrast, the United States, the Socialist Republic of Vietnam, and Japan have enacted specific laws governing agricultural products and directly protecting farmers, clearly establishing their rights, duties, responsibilities, and penalties, thereby providing fair protection.

          The research recommends that the government consider adopting specific legal measures for durian trading, either by enacting dedicated legislation or implementing measures based on the Sugar Cane and Sugar Act B.E. 2527 (1984). Such measures would reduce the duration of legal proceedings, promote fairness and transparency, and effectively regulate the durian trading system in Thailand both at present and in the future, thereby strengthening the credibility and sustainable competitiveness of Thai durians in the global market.