Conflict of Genders in Conflict of Laws: Unresolved Problems in Thailand and Elsewhere

Abstract

This paper is a reflection of academic exchanges in a research project which is being developed into a proposal for a new legislation on gender recognition in Thailand. It was led by the research team of Professor Orungrote at Thammasat University. The aim of the legislation is to promote the right to gender identity, especially of transsexual and intersexual groups, but it is controversial because of the need to ascertain or establish conflict rules. Therefore, the purpose of this paper is to prove that it will be problematic for the judiciary if the conflict rules related to gender justice continue to remain unclear. In other words, the primary objective of this paper is to contribute to the process of the development of private international law in respect of gender justice, which has been addressed in very few studies from either the west or the east. The ‘Conflict of genders’, as used in the title, signifies an inaugural problem, which makes it difficult to apply the conflict rules.

Keywords: Transsexual, Intersexual, Conflict of Laws, Private International Law, Gender, Thailand

JEL Classification: K39