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

Administrative Court

Military Court

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

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.

Court Jurisdiction on Environmental

Disputes The Court of Justice The

Administrative Court

- Civil Cases Administrative 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

Court of Justice

Courts of Appeal

Courts of First Instance Civil and

Criminal Cases

Supreme Court

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

The Court of Appeal

• Court of Appeal

• Court of Appeal Region I - IX

Supreme Court

Court of AppealCourt of Appeal Region I-IX

Court of First Instance

Court of First Instance (Specialized Court)(General Court ) directly appeal to the Supreme Court

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

Green Bench in The Court of Justice

Background

As a result of the Regional meeting among representatives of 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.

 

Obstacles

Legal matterCivil

- 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

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

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

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

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

Conference Room

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.

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

Future Plan

Environmental Civil or Criminal Cases

Environmental Court

Environmental Administrative Cases

Any Question ? Thank you