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The Issue of Locus Standi in Thai Administrative Court’s Environmental C ases

The Issue of Locus Standi in Thai Administrative Court’s Environmental C ases. Pairoj Minden President of a chamber of the Administrative Court of First Instance in the Supreme Administrative Court. Administrative Court’s Jurisdiction. Parties.

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The Issue of Locus Standi in Thai Administrative Court’s Environmental C ases

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  1. The Issue of LocusStandiinThai Administrative Court’s Environmental Cases PairojMinden President of a chamber of the Administrative Court of First Instance in the Supreme Administrative Court

  2. Administrative Court’s Jurisdiction Parties Administrative disputes (1) Administrative agency or State officialVS Individual (2) Between Administrative agency and State official themselves. (1) An improper exercise of an administrative power(2) A wrongful act or other liabilities(3) An Administrative contract (4) A neglect of official duties & delay of their performance

  3. Filing requirements A. Being an aggrieved or injured person, or a person inevitably be aggrieved or injured B. The relief sought must be redressable C. The case submitting within the time limit D. The exhaustion of administrative remedies

  4. Distinctive Features of the Court A. Inquisitorial procedure B. Written documents C. Simply procedure applied : No lawyer, No court’s fees, Registered post D. Balance of powers among the Administrative judge

  5. Traditional Standing Rules EnvironmentalStanding Rules Standing Rules : Traditional and Environmental (a) General one : -Injured person -broader interpretation (b) Specific one : -Community, -private organization, -Association, -NGOs, etc. (a) Aggrieved or injured person (b) Inevitably be aggrieved or injured person

  6. Precedent Environmental Cases (a) Central administrative Court’s Judgment No. 1763/2549 (b) Supreme Administrative Court’s Order and Judgment - Map Ta Phut Case - Sri Tawaravadee Case - Pig Farming Case

  7. Central Administrative court judgment No. 1763/2549 Foundation for Anti- Air Pollution and EnvironmentVS Bangkok Mass Transit Authority

  8. Supreme Administrative Court Order and Judgment A. Map Ta Phut Case : People, Anti-Global warming association VS the National Environmental Committee, etc.

  9. B. Sri Tawaravadee Case • a group of people assembling in order to study history and archaeology of Nakhonpathom province

  10. C. PigFarming Case People in Community VS local government

  11. Challenges The Law Drafting Process - Personal injury may not be required - Filing is aimed to protect the environmentor natural resources - The relief sought is only for the environmental restoration

  12. THANK YOU

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