Liberalization of Thai Electricity Industry 293
XI JEAIL 2 (2018)
& Amonwalai Ninpanich
This paper explores Thailand’s partial liberalization of the electricity industry and to
what extent is a Foreign Direct Investment (FDI) allowed in the electricity sector. As
Thailand is an ASEAN Member State, the paper aims to review whether the partial
liberalization under the ESB model is consistent with the commitments of the ASEAN.
The paper examines both the ACIA and the AFAS, and it finds that Thailand has
no commitment under both agreements relevant to entry of a FDI in its electricity
sector. However, Thailand already allows the entry of a FDI in the power generation
business which is aligned with the principles of market access and National Treatment
that fulfill the obligations under the ACIA and the AFAS in case Thailand will
make any commitments in the future. It is noted that electricity transmissions and
the distribution and supply businesses are still prohibited for both Thai and foreign
ASEAN, ACIA, AFAS, Electricity, FDI; Trade in Service, Thailand
∗ Professor of Law at Chulalongkorn University Faculty of Law; Member of the Thai Trade Competition Committee;
Member of the Committee on Foreign Business Act. LL.B. (Chulalongkorn), LL.M./Ph.D. (U. Washington-Seattle), LL.M./
LL.D. (Kyoto Univ.). ORCID: https://orcid.org/0000-0003-3498-6149. The authors would appreciate Professor Patthara
Limsira for his assistance in reviewing footnotes. The author may be contacted at: firstname.lastname@example.org /Address: Faculty
of Law, Chulalongkorn University Phayathai road Phatumwan Bangkok 10330 Thailand.
∗∗ Senior Lawyer at Bangchak Corporation Plc. LL.B./LL.M. (Chulalongkorn), LL.M. (Dundee). ORCID: https://orcid.org/
0000-0002-2782-7986. The author may be contacted at: email@example.com/Address: 160/8 Moo.5 Bangkruai-
sainoi Bangkruai Nonthaburee 11130 Thailand.
Does Thailand Fulll the
ASEAN Requirements for
Foreign Direct Investment
under Partial Liberalization
in Electricity Industry?