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Interim Relief Measures in Administrative Environmental Cases

Third ASEAN Chief Justices Roundtable on Environment “ ASEAN ’ s Environmental Challenges and Legal Responses ”. Interim Relief Measures in Administrative Environmental Cases. Presented by Judge Wuttichai Sangsamran Administrative Court of Thailand.

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Interim Relief Measures in Administrative Environmental Cases

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  1. Third ASEAN Chief Justices Roundtable on Environment “ASEAN’s Environmental Challenges and Legal Responses” Interim Relief Measures in Administrative Environmental Cases Presented by Judge Wuttichai Sangsamran Administrative Court of Thailand

  2. Third ASEAN Chief Justices Roundtable on Environment “ASEAN’s Environmental Challenges and Legal Responses” What is an environmental dispute? Why do we have interim relief measures?

  3. Third ASEAN Chief Justices Roundtable on Environment “ASEAN’s Environmental Challenges and Legal Responses” TypesofEnvironmental Dispute1. Private interest2. Public interest

  4. Third ASEAN Chief Justices Roundtable on Environment “ASEAN’s Environmental Challenges and Legal Responses” • Interim Relief Measures • Two types: • Suspension of Execution of By-laws or Administrative Order • 2. Provisional Remedy

  5. Third ASEAN Chief Justices Roundtable on Environment “ASEAN’s Environmental Challenges and Legal Responses” To suspend execution of by-laws or administrative orders • Is the by-law or order unlawful? 2) Will the by-law or order result in grave injury which is difficult to remedy? 3) Will its suspension be a barrier to the administration of state affairs or to public services.

  6. Third ASEAN Chief Justices Roundtable on Environment “ASEAN’s Environmental Challenges and Legal Responses” Provisional remedy • Sufficient grounds? • Any obstacle to the administration of state affairs?

  7. Third ASEAN Chief Justices Roundtable on Environment “ASEAN’s Environmental Challenges and Legal Responses” Example of a suspension of execution of by-laws or administrative orders Prohibiting diving in Phuket.

  8. Third ASEAN Chief Justices Roundtable on Environment “ASEAN’s Environmental Challenges and Legal Responses” Example of a suspension of execution of by-laws or administrative orders • The Biomass power plant case

  9. Third ASEAN Chief Justices Roundtable on Environment “ASEAN’s Environmental Challenges and Legal Responses” Example of provisional remedy order • The case of Map Ta Phut

  10. Third ASEAN Chief Justices Roundtable on Environment “ASEAN’s Environmental Challenges and Legal Responses” Example of provisional remedy order • Case of coal transportation

  11. Third ASEAN Chief Justices Roundtable on Environment “ASEAN’s Environmental Challenges and Legal Responses” Conclusion • Interim relief measures are a “key mechanism” . • The Court has inherent power to issue orders on its own initiative. • Court order shall have practical effect.

  12. Third ASEAN Chief Justices Roundtable on Environment “ASEAN’s Environmental Challenges and Legal Responses” Thank you

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