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
 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
 Output/Outcome
 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.
 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
 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
 Academic Activities/Research Meetings provided by
the Judicial Research Institute, Office of the Judiciary
and by the Supreme Court
What we have done?
 What we have done?
 Establishing green benches/considering of green court!
 Training courses (in country/abroad)
 Study visits (country/abroad)
 Research Projects (environmental
liability/environmental judicial process)
 Translation Projects/Comparative Studies
 Academic Meetings/ Conferences
 Green Information/Database/Library
 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
 Sensitivity
 Sensibility
 Diversity
 Spirituality
 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!
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!
 How can we realizing these Rights
without green mind?
 Right to clean environment
 Right of the nature
 Precautionary Principle
 Polluter Pay Principle
 How can we weigh these
appropriately without green mind?

 Social justice or Ecological

justice?
 Development or Environment?

 Industry or Health?
 Without green mind,
we cannot have….

 effective green rules.

 the real green judge, green court, green

justice.
 the real green network.