GREEN BENCHES OF THAILAND :

AN OVERVIEWPRESENTED BY

Hon. JUSTICE WINAI RUNAGSRISENIOR RESEARCH JUSTICE

ENVIRONMENTAL DIVISION OF THE SUPREME COURT AT

THE ROUNDTABLE FOR ASEAN CHIEF JUSTICES AND SENIOR JUDICIARY ON ENVIRONMENTAL LAW AND

ENFORCEMENT 5–7 December, 2011, Jakarta, Indonesia

Thanks to ADB, UNEP and USAID including AECEN for the effort and support to the Courts of Justice of Thailand.

Your valunable contribution to our works and activities in the past years are very grateful.

Also Thanks to Honorable Chief Justice Tumpa, the Chief Justice of the Supreme Court of The Republic of Indonesia for inviting Judges from Thailand to attend The Roundtable, which is a meaningful meeting.

INTRODUCTION

BACKGROUND AND DEVELOPMENT

2002 - President of the Supreme Court attended the World Summit on Sustainable Development (the first ever Global Judicial Symposium in Johannesburg).

2003 - The Supreme Court of Thailand and the Supreme Court of India formed a partnership and exchange discussions on court policies and procedures to establish green benches, facilitated by USAID.

2004 - Senior Justices from the Supreme Court and Regional Courts of Appeal visited the Supreme Court of India, Delhi High Court, Karnataka High Court, and Kolkata High Court.

After the visit, the President of the Supreme Court of Thailand announced the establishment of internal environmental division at the Supreme Court.

Also the Court of Appeal – Region II, located in Rayorng Province, established an internal environmental division. (the most controversial area on industrial pollution dispute)

2005 – Senior Justices from Thailand and Philippines visited Sydney and Adelaide, Australia to strengthen a better understanding on strategies for establishing and operating environmental courts.

October 2005 – The Green Bench, a specialized division was officially set up at the Supreme Court.

2006 - All Courts of Appeal established green benches. The Supreme Court of Thailand, then hosted the first

Asian Justices Forum on the Environment in Bangkok and presented an action agenda for strengthening the existing green benches and identifying strategies to institutionalize environmental expertise thourgh the appropreate models.

Special Division in general court or Specialized Court.

BACKGROUND AND DEVELOPMENT

Weaknesses of the exiting tools Inadequate system for Case Management Lack of specialized Justices and Judges for

complexity and unique nature of the cases Long process in Courts Lack of appropriate interim measures to

protect the environmental victims both human and NRs.

Limited legal tools for remedying, repairing and restoring the environment

Capacity building / Trainings for the above knowledge, mechanism, and protocols are needed.

CHALLENGES & RATIONALES

STRATEGIES OF THE COURTS OF JUSTICE

Strengthening Institute Arrangements : Green Benches in upper courts level Specialized Division in trial courts level

Strengthening Judicial Capacity Building : Trainings and Seminars for Environmental Law

Program Judicial Exchange Program at regional and

international levels ; the Twinning Partnership between COJ of Thailand and LEC of Australia

Improving Court Procedure and Practices for Environmental Adjudication : Drafting of New Legal Mechanism to support the

effective operation of the benches and courts

INSTITUE ARRANGMENTS

Creating specailized environmental divisions at all courts level - starting from the SC

Sucessfully creating various specialized courts or divisions in the Court system:

13 Specialized Courts at trail court level 4 Specialized Divisions in the Courts of Appeal 10 Special Divisions in the Supreme Court, one is a Green Bench

The establishment of the specialized courts is to ensure that specific or technical problems will be solved by an appropriate judge who possesses competent knowledge of specific matters.

Judges with specialized experience and training ougth to perform their duties effectively like physicians with expertises that matching the specific problem or illness ( as "problem-solving" initiative/approach)

Supreme Court (1) / w 10 Ds

Court of Appeal (1) /w 4 DsCourts of Appeal

Regions I-IX (9) /w 9 Ds

•Central Bankruptcy Court (1)• Central Tax Court (1)• Central Intellectual Property and International Trade Court (1)• Labor Court in Regions I-IX (9)• Central Juvenile and Family Court (1)

• Provincial Courts in Region I-IX(107) • Branches of Provincial Court (3) • Kwaeng Courts in Region I-IX (25) • Branch of Kwaeng Court (1)• Provincial Juvenile and Family Court and Provincial Juvenile and Family Division (75)

• Civil Court (1)• Bangkok South Civil Court (1)• Thonburi Civil Court (1)• Criminal Court (1)• Bangkok South Criminal Court (1)• Thonburi Criminal Court (1)• Talingchan Provincial Court (1)• Meenburi Provincial Court (1)

ORGANIZATION OF THE COURTS OF JUSTICE

Specialized Courts (13)Courts of First Instance

in Regions I-IX (211)Courts of First Instance In Bangkok Metropolis (8)

Bankruptcy Division

Tax Division

IP & IT Division

Labor Division

Environmental Division 2005

Consumer Protection Division

Election Division

Nacortic Division

Environmental Division 2006

+ Environmental Division in Civil Court (1)

25 May,2009

WHY STARTED IN THE SUPREME COURT FIRST?

Approaches Used : Follows the Doctrine of Judicial Precedent of England Common

Law System Inside-Out Approach

Purposes: To create awareness of the lower courts and judges on

environmental disputes

To adjust their roles suitable for the true nature of the present

environmental problem

To lead the appropriate roles and authority of the courts of

justice in protecting, providing remedies to the injured, 

suppressing the offenders of those with tendency to commit

offence.

Strengthening Judicial Capacity Building

Trainings and Seminars for Environmental Law Program On-going Learning /Training Course of Thai Judges and Justice Personnel

on Environmental Adjudication (JTI) Academic Meetings with other International and Regional Partners, such as

Economy and Environment Program for Southeast Asia (EEPSEE) in Bangkok, Bali and Hanoi on Economics and Environmental Law

Judicial Exchange Program at regional and international levels Observational Program to Land and Environment Court of NSW (with senior

justices from Philippines Supreme Court) Sydney, Australia, April 22-24, 2005

Twinning Partnership to Improve Environmental Adjudication in Thailand Bangkok, Thailand, June 22-26, 2009

Specialized Environmental Court and Natural Resource Damages Observational Program Sydney, Australia, March 15-20, 2009

Australasian Conference of Planning and Environment Courts and Tribunals (ACPECT 2010) Sydney, Australia, August 31- September 1-3, 2010

Promoting Improved Court Policies and Practices on the Environment

Bangkok, Thailand, September 18-20, 2010 (consultation)

Improving Court Procedure and Practices for Environmental Adjudication

Research Projects of the Office of the Judiciary Translation Projects of Australian and New Zealand

Laws and Rules on Environmental Courts Ceating practical guidline and identifying the types of

methodology applications for effective decisions of environmental penalties and natural resources damages

Drafting and Issuing the new laws and rules on environmental decisions, especially about access to justice or standing to sue, environmental ADRs, expert witness etc. in order to support the effective operation of the benches and courts

4 Updating Outcomes : Opening of new green bench in the Central Civil

Court in Bangkok metropolitance, on 25 May, last year

Issuing a12-Recommendation guideline of the President of the Supreme Court for adjudication process in civil environmental case

Setting a Sentencing Guideline for criminal environmental law case

Rending a new precedent on Compensation Award decisions for NRDs in ten global warming or civil environmental law cases

PRESENT PROGRESS

Reflecting the CoJs’ polices : Identifying and Expanding the clear scope of

environmental law cases Opening wider gates for accessing to courts Enhancing a fact-finding on employment of

professional knowledge and skill from various experts

Facilitating a quick settlement of dispute Encouraging a lower-cost litigation Simplified procedure of a trial court division for

some hard issues such as burden of proof and causation

12-RECOMMENDATION GUIDELINE

Finishing the new procedural law for environmental adjudication

Setting a complete Environmental Database

Creating more environmental divisions around the country

BIG CHALLENGES IN THE FUTURE

3 STRATEGIES

Strengthening Institute Arrangements : Green Benches in THAILAND

Strengthening Judicial Capacity Building :

Green Judges Certificattion in Indonesia

Improving Court Procedure and Practices for Environmental Adjudication : Green Procedural Law in Philippines

Thank You Very Much !