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2. Pollution and the Role of the Courts in Remedying Pollution Problems Hon. Justice Maneewon Phromnoi The Supreme Administrative Court of Thailand 2

3. O utline I. A dministrative Court and Environmental Cases II. E nvironmental Law and Pollution Problems III. R ole of the Administrative Court in Remedying Pollution Problems - Introduction - Passive Role - Active Role IV. C onclusions 3

4. I. Administrative Court and Environmental Cases The Establishment of the Environmental Division: Court of First Instance: July 5 th, 2011 Supreme Admin. Court: Aug 2 nd 2011 4

5. I. Administrative Court and Environmental Cases Distinctions: 1. Distinctive Procedure : Previous Present 2. Panels and Presiding Judges : Possess Special Expertise in Environmental Law Plaint President of the Court Admin. Panel Envi. Plaint Envi. Panel Chief of Division 5 Envi. Panel Plaint President of the Court Admin. Panel Envi. Panel

6. II. Environmental Law and Pollution Problems 1. The Constitution of Thailand 2007 6

7. II. Environmental Law and Pollution Problems 2. The Enhancement and Conservation of National Environment Quality Act, 1992 (NEQA) - Fundamental law on environmental protection - Establishment of National Environment Board 7

8. III. Role of the Administrative Court in Remedying Pollution Problems 3.1 Introduction 8

9. III. Role of the Administrative Court in Remedying Pollution Problems 3.2 Passive Role 3.2.1 Role of the Court in Enforcing General Principles of Environmental Law (1) Prevention Principle (2) Polluter Pays Principle (3) Public Participation Principle (4) Sustainable Development Principle 9

10. III. Role of the Administrative Court in Remedying Pollution Problems (1) Prevention Principle 10 Map Ta Phut Case

11. III. Role of the Administrative Court in Remedying Pollution Problems (2) Polluter Pays Principle (PPP) 11 Klity Creek Case

12. III. Role of the Administrative Court in Remedying Pollution Problems (3) Public Participation Principle 12 Klity Creek Case

13. III. Role of the Administrative Court in Remedying Pollution Problems (4) Sustainable Development Principle 13 Breeding Zone Case

14. III. Role of the Administrative Court in Remedying Pollution Problems 3.2 Passive Role 3.2.2 Role of the Court in Interpreting and Applying Laws to Remedy Pollution Problems (1) The Reservation for Determination of Damages (2) The Assignment of Punitive Damages (3) The Issuance of Environmental Rehabilitation and Restoration Order 14

15. III. Role of the Administrative Court in Remedying Pollution Problems (1) The Reservation for Determination of Damages Section 444 of Civil and Commercial Code “At the time of giving judgment it is impossible to ascertain the actual consequences of the injury, the Court may reserve in the judgment the right to revise such judgment for a period not exceeding two years” 15 Cobalt-60 Case

16. III. Role of the Administrative Court in Remedying Pollution Problems (2) The Assignment of Punitive Damages “the Defendants’ emission of untreated smoke containing large amounts of sulphur dioxide into the neighboring atmosphere injured the plaintiffs, and is deemed outrageous behavior, therefore, punitive damages were awarded to encourage more careful behavior in future actions.” 16 Mae Moh Case

17. III. Role of the Administrative Court in Remedying Pollution Problems (3) The Issuance of Environment Rehabilitation and Restoration Order “the Defendants shall set up measures and plans to effectively examine samples of soil, vegetation, or marine animals from Klity creek as well as analyze water, every season for a period of one year, until the level of lead contamination in such samples remains within acceptable limits. Further, that they were to notify the Plaintiffs of such measures and plans by open and accessible means.” 17 Klity Creek Case

18. III. Role of the Administrative Court in Remedying Pollution Problems 3.3 Active Role 3.3.1 Establishment of Academic Affairs Committee on Environmental Law 3.3.2 Success and Role of Academic Affairs Committee on Environmental Law in Remedying Pollution Problems 18

19. IV. CONCLUSION 19