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Cultivating Synergy: A Comparative Legal Analysis of Agrivoltaics Frameworks for Thailand's Sustainable and Just Energy Transition

Abstract

This article conducts a critical comparative analysis of the legal frameworks for agrivoltaics (AV), employing the theoretical lenses of "Energy Justice" and "Social Costs" to evaluate the structural challenges in Thailand. It contrasts the Thai context with successful models and cautionary tales from a range of international jurisdictions, including Germany, France, Japan, Italy, the United States, and China. The central thesis posits that Thailand's current approach constitutes a "structural limitation," characterized by siloed sectoral laws that misclassify AV under an inappropriate industrial paradigm, thereby creating the most significant constraint to its equitable scaling. Drawing on international best practices, notably Germany's technical standard DIN SPEC 91434 and France's agriculture-centric functional definition, this paper develops a detailed blueprint for legal reform in Thailand. The proposed framework focuses on establishing a distinct "legal identity" for agrivoltaics, safeguarding against the risks of "pseudo-agriculture" and "land financialization." Ultimately, this reform aims to unlock the technology's potential to address Thailand's interconnected trilemma of energy transition, food security, and land-use optimization in a manner that is both sustainable and just.

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