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Pairoj Minden

President of a chamber of the Administrative Court of First Instance in the Supreme Administrative Court

The Issue of Locus Standi in

Thai Administrative Court’s Environmental Cases

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Parties

(1) Administrative agency or State official VS 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

Administrative Court’s Jurisdiction Administrative disputes

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

Filing requirements

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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

Distinctive Features of the Court

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Standing Rules : Traditional and Environmental

(a) Aggrieved or injured person (b) Inevitably be aggrieved or injured person

Traditional

Standing Rules

Environmental Standing Rules (a) General one : -Injured person -broader interpretation (b) Specific one : -Community, -private organization, -Association, -NGOs, etc.

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(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

Precedent Environmental Cases

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Foundation for Anti- Air Pollution and Environment

VSBangkok Mass Transit Authority

Central Administrative court judgment No. 1763/2549

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A. Map Ta Phut Case : People, Anti-Global warming association

VS the National Environmental Committee, etc.

Supreme Administrative Court Order and Judgment

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a group of people assembling in order to study history and archaeology of Nakhonpathom province

B. Sri Tawaravadee Case

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People in Community VS local government

C. Pig Farming Case

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The Law Drafting Process

- Personal injury may not be required - Filing is aimed to protect the environment or natural resources - The relief sought is only for the environmental restoration

Challenges

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THANK YOU