Interim Relief Measures in Administrative Environmental

Cases

Interim Relief Measures in Administrative Environmental

CasesPresented by

Judge Wuttichai SangsamranAdministrative Court of Thailand

Third ASEAN Chief Justices Roundtable on Environment “ASEAN’s Environmental Challenges and Legal Responses”

What is an environmental dispute?

Why do we have interim relief measures?

Third ASEAN Chief Justices Roundtable on Environment “ASEAN’s Environmental Challenges and Legal Responses”

Types of Environmental Dispute

1. Private interest

2. Public interest

Third ASEAN Chief Justices Roundtable on Environment “ASEAN’s Environmental Challenges and Legal Responses”

Interim Relief Measures

Two types:

1.Suspension of Execution of By-laws or Administrative Order

2. Provisional Remedy

Third ASEAN Chief Justices Roundtable on Environment “ASEAN’s Environmental Challenges and Legal Responses”

To suspend execution of by-laws or administrative orders

1) Is the by-law or order unlawful?

2) Will the by-law or order result in grave injury which is difficult to remedy?

3) Will its suspension be a barrier to the administration of state affairs or to public services.

Third ASEAN Chief Justices Roundtable on Environment “ASEAN’s Environmental Challenges and Legal Responses”

Provisional remedy

•Sufficient grounds?

•Any obstacle to the administration of state affairs?

Third ASEAN Chief Justices Roundtable on Environment “ASEAN’s Environmental Challenges and Legal Responses”

Example of a suspension of execution of by-laws or administrative orders

Prohibiting diving in Phuket.

Third ASEAN Chief Justices Roundtable on Environment “ASEAN’s Environmental Challenges and Legal Responses”

Example of a suspension of execution of by-laws or administrative orders

•The Biomass power plant case

Third ASEAN Chief Justices Roundtable on Environment “ASEAN’s Environmental Challenges and Legal Responses”

Example of provisional remedy order

•The case of Map Ta Phut

Third ASEAN Chief Justices Roundtable on Environment “ASEAN’s Environmental Challenges and Legal Responses”

Example of provisional remedy order

•Case of coal transportation

Third ASEAN Chief Justices Roundtable on Environment “ASEAN’s Environmental Challenges and Legal Responses”

Conclusion

•Interim relief measures are a “key mechanism” .

•The Court has inherent power to issue orders on its own initiative.

•Court order shall have practical effect.

Third ASEAN Chief Justices Roundtable on Environment “ASEAN’s Environmental Challenges and Legal Responses”

Thank you

Third ASEAN Chief Justices Roundtable on Environment “ASEAN’s Environmental Challenges and Legal Responses”