Experiences from the Thai Appeal Courts Judge Suntariya Muanpawong Research Judge/Secretary of the Environmental Division, Central Appeal Court.

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Presentation transcript:

Experiences from the Thai Appeal Courts Judge Suntariya Muanpawong Research Judge/Secretary of the Environmental Division, Central Appeal Court

History/Duty/Jurisdiction Last 3 years, the Central Appeal Court and 9 Regional Appeal Courts established an Environment Division Last 3 years, the Central Appeal Court and 9 Regional Appeal Courts established an Environment Division Jurisdiction: Civil Jurisdiction-Criminal Jurisdiction--24 Laws on Environmental Protection Jurisdiction: Civil Jurisdiction-Criminal Jurisdiction--24 Laws on Environmental Protection Cases: Northern Regions- Forest Law/ Southern Regions- Fishery Law, Water and Coastal Law/ All regions-Public land encroachment disputes Cases: Northern Regions- Forest Law/ Southern Regions- Fishery Law, Water and Coastal Law/ All regions-Public land encroachment disputes

Output/Outcome The president and secretary of the division are responsible for developing the works of the division The president and secretary of the division are responsible for developing the works of the division Because of backlog problem, justices in the division are still responsible of general cases, not environmental. Because of backlog problem, justices in the division are still responsible of general cases, not environmental. Until now, we don’t have a special recruitment for the green justices- lack of expert Until now, we don’t have a special recruitment for the green justices- lack of expert

Special Capacity Building Programs for the Appeal Courts? Depend on the president of the division Depend on the president of the division Training Courses provided mostly from the Judicial Training Institute, Office of the Judiciary Training Courses provided mostly from the Judicial Training Institute, Office of the Judiciary Capacity Building Programs, especially the international experiences, provided by the International Affairs Division, Office of the Judiciary Capacity Building Programs, especially the international experiences, provided by the International Affairs Division, Office of the Judiciary Academic Activities/Research Meetings provided by the Judicial Research Institute, Office of the Judiciary and by the Supreme Court Academic Activities/Research Meetings provided by the Judicial Research Institute, Office of the Judiciary and by the Supreme Court

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 liability/environmental judicial process) Research Projects (environmental liability/environmental judicial process) Translation Projects/Comparative Studies Translation Projects/Comparative Studies Academic Meetings/ Conferences Academic Meetings/ Conferences Green Information/Database/Library Green Information/Database/Library Drafting new rules and laws (law on environmental judicial process/ rules on expert witness-mediation etc) Drafting new rules and laws (law on environmental judicial process/ rules on expert witness-mediation etc)

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

Building a green mind! Mentality Mentality Sensitivity Sensitivity Sensibility Sensibility Diversity Diversity Spirituality Spirituality Capacity to Balance the different environmental values Capacity to Balance the different environmental values

Clity Creek

How can we feel with the boy?

How can we feel with this boy?

How can we feel with this girl?

Industry-Centric prevails! Industry-Centric prevails!

How can we feel with the beach?

How can we feel with the sea?

How can we feel with the tree?

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

How can we realizing these Rights without green mind? Right to clean environment Right to clean environment Right of the nature Right of the nature Precautionary Principle Precautionary Principle Polluter Pay Principle Polluter Pay Principle

How can we weigh these appropriately without green mind? Social justice or Ecological justice? Social justice or Ecological justice? Development or Environment? Development or Environment? Industry or Health? Industry or Health?

Without green mind, we cannot have…. effective green rules. effective green rules. the real green judge, green court, green justice. the real green judge, green court, green justice. the real green network. the real green network.