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
- The Civil and Commercial Code
( Torts and Property)
- Enhancement and Conservation
of National Environmental
Quality Act, B.E. 2535 Section 96,97
- Civil liabilities
under Sectoral Legislation
Ex. Hazardous Substances Act, B.E. 2535
Administrative Issues :
- Administrative Orders
- Omission of duty of
administrative agencies
- Administrative Torts
- Administrative Contract
Under
- Enhancement and Conservation
of National Environmental
Quality Act, B.E. 2535
- Criminal Cases
- The Criminal Code
- Criminal offence under Sectoral Legislation
- Sectoral Legislation
Ex. Factories Act, B.E. 2535
Court of Justice
Supreme Court
Courts of Appeal
Courts of First Instance
Civil and Criminal Cases
The Court of First Instance
general courts
in Bangkok
specialized courts
in provinces
- Central Labor Court
- Civil Court
- Criminal Court
- Bangkok South Civil Court
- Bangkok South Criminal Court
-Thonburi Criminal Court
- Juvenile and Family Court
- 3 Provincial Court
- 5 Municipal Court
- Central Intellectual property and
International Trade Court
- Tax Court
- Central Labor Court
- Central Bankruptcy 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 Appeal
Court of Appeal Region I-IX
Court of First Instance
Court of First Instance
(General Court)
(Specialized Court)
directly appeal to the Supreme Court
The Supreme Court
(10 divisions)
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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 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
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