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Pollution and the Role of the Courts in Remedying Pollution Problems

Pollution and the Role of the Courts in Remedying Pollution Problems. Hon. Justice Maneewon Phromnoi The Supreme Administrative Court of Thailand. O utline. I. A dministrative Court and Environmental Cases II. E nvironmental Law and Pollution Problems

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Pollution and the Role of the Courts in Remedying Pollution Problems

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  1. Pollution and the Role of the Courts in Remedying Pollution Problems Hon. Justice ManeewonPhromnoi The Supreme Administrative Court of Thailand

  2. Outline I. Administrative Court and Environmental Cases II. Environmental Law and Pollution Problems III. Role of the Administrative Court in Remedying Pollution Problems - Introduction - Passive Role - Active Role IV. Conclusions

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

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

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

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

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

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

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

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

  13. 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. 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” Cobalt-60 Case

  15. 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.” Mae MohCase

  16. 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 Klitycreek 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.” Klity Creek Case

  17. 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. IV. CONCLUSION

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