Experiences from Experiences from the Thai Appeal the Thai Appeal

CourtsCourtsJudge Suntariya MuanpawongJudge Suntariya Muanpawong

Research Judge/Secretary of the Research Judge/Secretary of the Environmental Division, Central Environmental Division, Central

Appeal CourtAppeal Court

History/Duty/JurisdictionHistory/Duty/Jurisdiction

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

Jurisdiction: Civil Jurisdiction-Criminal Jurisdiction: Civil Jurisdiction-Criminal Jurisdiction--24 Laws on Environmental Jurisdiction--24 Laws on Environmental ProtectionProtection

Cases: Northern Regions- Forest Law/ Cases: Northern Regions- Forest Law/ Southern Regions- Fishery Law, Water and Southern Regions- Fishery Law, Water and Coastal Law/ All regions-Public land Coastal Law/ All regions-Public land encroachment disputesencroachment disputes

Output/OutcomeOutput/Outcome

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

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

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

Special Capacity Building Special Capacity Building ProgramsPrograms

for 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 Training Courses provided mostly from the

Judicial Training Institute, Office of the JudiciaryJudicial Training Institute, Office of the Judiciary Capacity Building Programs, especially the Capacity Building Programs, especially the

international experiences, provided by the international experiences, provided by the International Affairs Division, Office of the International Affairs Division, Office of the JudiciaryJudiciary

Academic Activities/Research Meetings provided Academic Activities/Research Meetings provided by the Judicial Research Institute, Office of the by the Judicial Research Institute, Office of the Judiciary and by the Supreme CourtJudiciary and 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 Establishing green benches/considering of

green court!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 law on

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

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

??????????????????????????????????????????????

Building a green mind!Building a green mind!

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

environmental valuesenvironmental values

Clity CreekClity Creek

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

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

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

Industry-Industry-Centric Centric prevails!prevails!

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

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

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

Ecocentric is not Ecocentric is not easily easily understood!understood!

How can we realizing these How can we realizing these Rights 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 appropriately without green

mind?mind?

Social justice or Social justice or Ecological justice?Ecological justice?

Development or Development or Environment?Environment?

Industry or Health?Industry or Health?

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

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

court, green justice.court, green justice. the real green network.the real green network.