3. HISTORICAL LESSONS
3.1 Similar Characters between Past and Present Situations
3.1.1 Similarities in Terms of Rules
We may compare the GATT, which has as its core principles: 1) reducing tariffs 2) diminishing commercial barriers and 3) reforming one’s laws to be consistent with all other trading partners, with the Bowring Treaty in B.E. 2398. The Bowring Treaty forced Siam to reduce import duties to 3%, to cancel the monopoly of the Royal Treasury, and to force Siam to grant extraterritoriality for some European countries until the government had completed legal reforms to match the western system.
3.1.2 Similarities in Terms of Economic Developments
The Bowring Treaty was the beginning point of great changes which lasted for more than a century. The opening of the free market, and the guarantee of certainty of legal relationships between Siam and foreign countries by the grant of extraterritoriality, linked Siam to international markets. This development changed the nature of Thailand from an agrarian society to one based in industry and trade. Because of this economic change, the government also reformed social organizations, legal and judicial systems, educational systems, public welfare, monetary policy, and many more aspects of Thai society(7).
When thinking about the terms and conditions of international free trade in the present, such as liberalism, free and fair trade, democracy, multilateral agreements, and information technology that Thailand is now facing, all characteristics of Thai society must be reformed in order to assure advancement under the free trade system as well.
4. MOTIVATIONS AND NECESSITIES OF THE LEGAL REFORMATION
What were the motivations of the Siamese kings and the governments in the 19th century to fundamentally reform the country, especially the legal system? The answer lies in the industrial revolution and colonialism, which dominated international relations in the 19th century.
Threats of English and French colonization occurred in every area around the territory of Siam; almost all countries in Southeast Asia were already colonized. How could Siam prevent European countries from claiming Siam as their colony as well? The answer for Siam was multifaceted: 1) the manifestation of Siam as a civilized nation, which would be able to grant justice to her citizens just as European judiciary systems were doing in their own territories, 2) making Siam appear to be as civilized in its social systems as other civilized countries, 3) that Siam could efficiently maintain order and peace, and that Siam was capable of protecting civil rights in this process, and 4) assuring that European countries would be able to trade in Siam without major hindrances(8).
The necessity of legal reformation in Thailand may be classified in two ways: (1) the external motive: to regain extraterritorial rights; and (2) the internal motive: to reform the obsolete portions of the Thai judicial system.