Recurrent Disasters and State Responsibility: Lessons from Flash Floods in Nan Province toward Reforming Thailand’s Disaster Management System

Abstract

This academic article aims to analyze recurrent disasters in relation to state duties and responsibilities, using flash floods in Nan Province as a case study to illustrate structural problems in Thailand’s disaster management system and to propose reforms that shift the emphasis from post-disaster response to pre-disaster risk management. The analysis draws upon the Disaster Prevention and Mitigation Act B.E. 2550 (2007), the National Disaster Prevention and Mitigation Plan 2021–2027, the 20-Year Water Resources Management Master Plan, the Sendai Framework for Disaster Risk Reduction, and relevant research and official documents. The analysis finds that Nan Province is repeatedly exposed to flooding and flash-flood risks and that information, studies, and knowledge concerning such risks already exist. The central problem, therefore, is not merely an absence of laws or plans, but gaps between risk knowledge and preventive action, between warnings and public response, fragmentation of responsibilities among government agencies, and an excessive emphasis on post-disaster relief and compensation rather than anticipatory risk reduction. The article argues that state responsibility should encompass public responsibility for managing risks that the state knows or reasonably ought to know, rather than being confined to legal liability for compensation. It proposes establishing accountable risk-reduction duties, developing location–time–action-based early warning systems, strengthening the capacity of local administrative organizations, integrating water, forest, land-use, and disaster management, and institutionalizing post-disaster reviews to prevent recurring deficiencies. These reforms would transform the state from a provider of post-disaster relief into a systematic risk manager and contribute to sustainably reducing losses from recurrent disasters.