suntariya muanpawong - experiences from the thai appeal courts

Experiences from Experiences from the Thai Appeal Courtsthe Thai Appeal Courts

Judge Suntariya Judge Suntariya MuanpawongMuanpawongResearch Judge/Secretary of the Environmental Research Judge/Secretary of the Environmental

Division, Central Appeal CourtDivision, Central Appeal Court

History/Duty/JurisdictionHistory/Duty/Jurisdiction

Last 3 years, the Central Appeal Court and 9 Regional Last 3 years, the Central Appeal Court and 9 Regional Appeal Courts established an Environment Division Appeal Courts established an Environment Division

Jurisdiction: Civil JurisdictionJurisdiction: Civil Jurisdiction--Criminal JurisdictionCriminal Jurisdiction----24 24 Laws on Environmental ProtectionLaws on Environmental Protection

Cases: Northern RegionsCases: Northern Regions-- Forest Law/ Southern Forest Law/ Southern RegionsRegions-- Fishery Law, Water and Coastal Law/ All Fishery Law, Water and Coastal Law/ All regionsregions--Public land encroachment disputesPublic land encroachment disputes

Output/OutcomeOutput/Outcome

The president and secretary of the division are The president and secretary of the division are responsible for developing the works of the responsible for developing the works of the divisiondivision

Because of backlog problem, justices in the Because of backlog problem, justices in the division are still responsible of general cases, not division are still responsible of general cases, not environmental.environmental.

Until now, we donUntil now, we don’’t have a special recruitment t have a special recruitment for the green justicesfor the green justices-- lack of expertlack of expert

Special Capacity Building ProgramsSpecial Capacity Building Programsfor the Appeal Courts?for the Appeal Courts?

Depend on the president of the divisionDepend on the president of the division Training Courses provided mostly from the Judicial Training Courses provided mostly from the Judicial

Training Institute, Office of the JudiciaryTraining Institute, Office of the Judiciary Capacity Building Programs, especially the international Capacity Building Programs, especially the international

experiences, provided by the International Affairs experiences, provided by the International Affairs Division, Office of the JudiciaryDivision, Office of the Judiciary

Academic Activities/Research Meetings provided by Academic Activities/Research Meetings provided by the Judicial Research Institute, Office of the Judiciary the Judicial Research Institute, Office of the Judiciary and by the Supreme Courtand by the Supreme Court

What we have done?What we have done?

What we have done?What we have done?

Establishing green benches/considering of green court!Establishing green benches/considering of green court! Training courses (in country/abroad)Training courses (in country/abroad) Study visits (country/abroad)Study visits (country/abroad) Research Projects (environmental Research Projects (environmental

liability/environmental judicial process)liability/environmental judicial process) Translation Projects/Comparative StudiesTranslation Projects/Comparative Studies Academic Meetings/ ConferencesAcademic Meetings/ Conferences Green Information/Database/LibraryGreen Information/Database/Library Drafting new rules and lawsDrafting new rules and laws ((law on environmental law on environmental

judicial process/ rules on expert witnessjudicial process/ rules on expert witness--mediation etc)mediation etc)

What else should be done?What else should be done?

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Building a green mind!Building a green mind!

MentalityMentality SensitivitySensitivity SensibilitySensibility DiversityDiversity SpiritualitySpirituality Capacity to Balance the different environmental Capacity to Balance the different environmental

valuesvalues

ClityClity CreekCreek

How can we feel with the boy?How can we feel with the boy?

How can we feel with this boy?How can we feel with this boy?

How can we feel with this girl?How can we feel with this girl?

IndustryIndustry--Centric Centric prevails!prevails!

How can we feel with the beach?How can we feel with the beach?

How can we feel with the sea?How can we feel with the sea?

How can we feel with the tree? How can we feel with the tree?

EcocentricEcocentric is not easily is not easily understood!understood!

How can we realizing these Rights How can we realizing these Rights without green mind?without green mind?

Right to clean environmentRight to clean environment Right of the natureRight of the nature Precautionary PrinciplePrecautionary Principle Polluter Pay PrinciplePolluter Pay Principle

How can we weigh these How can we weigh these appropriately without green mind?appropriately without green mind?

Social justice or Ecological Social justice or Ecological justice?justice?Development or Environment?Development or Environment?Industry or Health?Industry or Health?

Without green mind, Without green mind, we cannot havewe cannot have……..

effective green rules.effective green rules. the real green judge, green court, green the real green judge, green court, green

justice.justice. the real green network.the real green network.