Development of establishment of the Environmental Court

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 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

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
  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.
•  

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