1. pollution and the role of the courts in remedying pollution problems hon. justice maneewon...
TRANSCRIPT
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Pollution and the Role of the Courts
in Remedying Pollution Problems
Hon. Justice Maneewon PhromnoiThe Supreme Administrative Court of Thailand
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Outline
I. Administrative Court and Environmental Cases
II. Environmental Law and Pollution Problems
III. Role of the Administrative Court in Remedying Pollution Problems
- Introduction
- Passive Role
- Active Role
IV. Conclusions
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I. Administrative Court and Environmental Cases
The Establishment of the Environmental Division:
Court of First Instance: July 5th, 2011
Supreme Admin. Court: Aug 2nd 2011
I. Administrative Court and Environmental Cases
Distinctions:
1. Distinctive Procedure :
Previous
Present
2. Panels and Presiding Judges :
Possess Special Expertise in Environmental Law
PlaintPresident of the Court
Admin. Panel
Envi. Plaint Envi. Panel
Chief of Division
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Envi. Panel
PlaintPresident of the Court
Admin. Panel
Envi. Panel
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II. Environmental Law and Pollution Problems
1. The Constitution of Thailand 2007
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II. Environmental Law and Pollution Problems
2. The Enhancement and Conservation of National Environment Quality Act, 1992 (NEQA)
- Fundamental law on environmental protection
- Establishment of National Environment Board
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III. Role of the Administrative Court in Remedying Pollution Problems
3.1 Introduction
Administrative
Court
State Agencie
s
NGOsLocal
Communities
Businesses
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III. Role of the Administrative Court in Remedying Pollution Problems
3.2 Passive Role
3.2.1 Role of the Court in Enforcing General Principles of Environmental Law
(1) Prevention Principle
(2) Polluter Pays Principle
(3) Public Participation Principle
(4) Sustainable Development Principle
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III. Role of the Administrative Court in Remedying Pollution Problems
(1) Prevention Principle
Map Ta Phut Case
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III. Role of the Administrative Court in Remedying Pollution Problems
(2) Polluter Pays Principle (PPP)
Klity Creek Case
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III. Role of the Administrative Court in Remedying Pollution Problems
(3) Public Participation Principle
Klity Creek Case
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III. Role of the Administrative Court in Remedying Pollution Problems
(4) Sustainable Development Principle
Breeding Zone Case
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III. Role of the Administrative Court in Remedying Pollution Problems
3.2 Passive Role
3.2.2 Role of the Court in Interpreting and Applying Laws to Remedy Pollution Problems
(1) The Reservation for Determination of Damages
(2) The Assignment of Punitive Damages
(3) The Issuance of Environmental Rehabilitation and Restoration Order
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III. Role of the Administrative Court in Remedying Pollution Problems
(1) The Reservation for Determination of Damages
Section 444 of Civil and Commercial Code
“At the time of giving judgment it is impossible to ascertain the actual consequences of the injury, the Court may reserve in the judgment the right to revise such judgment for a period not exceeding two years”
Cobalt-60 Case
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III. Role of the Administrative Court in Remedying Pollution Problems
(2) The Assignment of Punitive Damages
“the Defendants’ emission of untreated smoke containing large amounts of sulphur dioxide into the neighboring atmosphere injured the plaintiffs, and is deemed outrageous behavior, therefore, punitive damages were awarded to encourage more careful behavior in future actions.”
Mae Moh Case
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III. Role of the Administrative Court in Remedying Pollution Problems
(3) The Issuance of Environment Rehabilitation and Restoration Order
“the Defendants shall set up measures and plans to effectively examine samples of soil, vegetation, or marine animals from Klity creek as well as analyze water, every season for a period of one year, until the level of lead contamination in such samples remains within acceptable limits. Further, that they were to notify the Plaintiffs of such measures and plans by open and accessible means.”
Klity Creek Case
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III. Role of the Administrative Court in Remedying Pollution Problems
3.3 Active Role
3.3.1 Establishment of Academic Affairs Committee on Environmental Law
3.3.2 Success and Role of Academic Affairs Committee on Environmental Law in Remedying Pollution Problems
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IV. CONCLUSION