Green benches of Thailand : An overview

1. PRESENTED BY Hon. JUSTICE WINAI RUNAGSRI SENIOR 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 Green benchesof Thailand :An overview

2. INTRODUCTION • 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.

3. 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)

4. BACKGROUND AND DEVELOPMENT • 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.

5. CHALLENGES & RATIONALES • 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.

6. 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

7. 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)

8. ORGANIZATION OF THE COURTS OF JUSTICE Supreme Court (1) / w 10 Ds Court of Appeal (1) /w 4 Ds Courts 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) Specialized Courts (13) Courts of First Instance in Regions I-IX (211) Courts of First Instance In Bangkok Metropolis (8)

9. 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.

10. 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)

11. 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

12. PRESENT PROGRESS • 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

13. 12-RECOMMENDATION GUIDELINE • 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

14. BIG CHALLENGES IN THE FUTURE • Finishing the new procedural law for environmental adjudication • Setting a complete Environmental Database • Creating more environmental divisions around the country

15. 3STRATEGIES • 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

26. Thank You Very Much !