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