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Development of establishment of the Environmental Court

Development of establishment of the Environmental Court. Rungravee Sokhuma ,Chief Judge in the Research Justice Environmental Division The Supreme Court of Thailand. Overview Judicial System. Constitutions, Chapter 8 Court of Justice Constitutional Court

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Development of establishment of the Environmental Court

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  1. Development of establishment of the Environmental Court Rungravee Sokhuma ,Chief Judge in the Research Justice Environmental Division The Supreme Court of Thailand

  2. Overview Judicial System Constitutions, Chapter 8 Court of Justice Constitutional Court Administrative Court Military Court

  3. Environmental Laws • Incidental Legislations - Criminal Code - Civil and Commercial Code - Tort : section 420, 436, 437,438 (compensation) - Property Law : section 1337,1341,1355 • Sectoral Legislations - To protect natural resources - National Forest Act, Fisheries Act, B.E. 2490 - To control pollution problem - Factory Act, Hazardous Substances Act • Framework Legislations : Enhancement and Conservation of the National Environmental Quality Act. - Polluter Pay Principle, Public Participation : etc. - Civil Liability Provision - pollution : section 96 - national resource: Section 97

  4. Environmental Dispute Resolutions • Civil Cases : Claims for individual damages for injured persons - The Civil and Commercial Code (Torts) - Enhancement and Conservation of National Environmental Quality Act, B.E. 2535 Section 96,97 • Criminal Cases : Criminal punishments - imprisonment, fine • Administrative Cases : Administrative orders and sanctions.

  5. Court Jurisdiction on Environmental Disputes The Court of JusticeThe Administrative Court - Civil CasesAdministrative Issues : - The Civil and Commercial Code - Administrative Orders ( Torts and Property) - Omission of duty of - Enhancement and Conservation administrative agencies of National Environmental - Administrative Torts Quality Act, B.E. 2535 Section 96,97 - Administrative Contract - Civil liabilities Under under Sectoral Legislation - Enhancement and Conservation Ex. Hazardous Substances Act, B.E. 2535 of National Environmental Quality Act, B.E. 2535 - Criminal Cases - Sectoral Legislation - The Criminal Code Ex. Factories Act, B.E. 2535 - Criminal offence under Sectoral Legislation

  6. Court of Justice Supreme Court Courts of Appeal Courts of First Instance Civil and Criminal Cases

  7. The Court of First Instance general courts specialized courts in Bangkok in provinces - Central Labor Court - Civil Court - Central Intellectual property and - Criminal Court International Trade Court - Bangkok South Civil Court - Tax Court - Bangkok South Criminal Court - Central Labor Court -Thonburi Criminal Court - Central Bankruptcy Court - Juvenile and Family Court - 3 Provincial Court - 5 Municipal Court Provincial and Municipal Courts in Regions I - IX

  8. The Court of Appeal • Court of Appeal • Court of Appeal Region I - IX

  9. Supreme Court Court of Appeal Court of Appeal Region I-IX Court of First Instance Court of First Instance(Specialized Court) (General Court) directly appeal to the Supreme Court

  10. The Supreme Court(10 divisions) • Bankruptcy Division • Intellectual property and International trade Division • Juvenile and Family Division • Election Cases Division • Labor Division • Consumer Division • Commercial Division • Tax Division • The Criminal Division for Holders of Political Position • Environmental Division

  11. Green Bench in The Court of Justice Background As a result of the Regional meeting among representativesof the highest courts hold in Bangkok in the year 2003, the Bangkok Statement which aims to enhance cooperation among countries and strengthen the capacity of judges in the field of environmental law was declared. To fulfill such goal, the office of the Supreme Court of Thailand had set up a group of judges and specialists with expertise in environmental law to conduct a research project to analyze environmental cases in the court of justice.

  12. Obstacles Legal matter Civil - Standing to sue - Class Action - Preventive Injunction/Injunctive Relieves - Court Fee Environmental Procedure - Burden of Proof and ADR - Expert witness (Act or Rule of Court) - Damage Assessment - Punitive Damage - Mixture of adversarial and inquisitorial procedures Criminal - lack of alternative punishment Judge Capacity Building -lack of judge with expertise

  13. Recommendation The research summarize that the nature of environmental cases is unique, they then must be adjudicated by judges with expertise and well-trained and finally recommend establishing the specialized Environmental Division in the Supreme Court and in the lower Court along with drafting the Environmental Procedure as a shot-term plan. The environmental division then has been officially established in the Supreme Court in October 2005

  14. Environmental Division - Supreme Court • Composition - 1 President of the Division - 13 Supreme Court Judges - 1 senior research justice - 1 research judge appointed as the secretary of the Division - 3 associate research judges appointed as the assistant secretaries of the Division

  15. Power of the Environmental Division of the Supreme Court - Criminal cases under 24 Acts (relating natural resources protection and pollution control)such as -Forestry Act, B.E. 2484 -National Park Act, B.E. 2504 -National reserved forests Act, B.E. 2507 -Mineral Act, B.E. 2545 -Fisheries Act, B.E. 2490 -Hazardous Substances Act, B.E. 2535 -Factories Act, B.E. 2535 -Navigation in Thai water Act, B.E. 2456 - Civil Cases under The Civil and Commercial Code (Torts) and 24 Acts such as - Enhancement and Conservation of National Environmental Quality Act, B.E. 2535 Section 96,97 - Hazardous Substances Act, B.E. 2535 ◙◙ Not include cases seeking for judicial Review or other kinds of remedies which fall into the jurisdiction of the Administrative Court

  16. How the environmental cases come to Environmental Division of the Supreme Court? Environmental Division of the Supreme Court Court of Appeal and Court of Appeal Region I – IX Court of first instance

  17. Conference Room

  18. Challenge found • Environmental values Vs personal freedom values • Environmental damage assessment - Enhancement and Conservation of National Environmental Quality Act, B.E. 2535 Section 97 Any person who commits an unlawful act on omission by whatever means resulting in the destruction, loss or damage to the natural resources owned by the State or belonging to the public domain shall be liable to make compensation to the State representing the total value of the natural resources so destroyed, lost or damaged by such an unlawful act or omission.

  19. Establishment of Environmental Division in the Court of Appeal and the Court of First Instance • The Court of Appeal : established in B.E. 2550 (A.D. 2007) : adjudicate same kind of environmental cases as the Environmental Division of the Supreme Court • The Court of First Instance : established in . 2011

  20. Future Plan Environmental Civil or Criminal Cases Environmental Court Environmental Administrative Cases

  21. Any Question ? Thank you

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