Determining Temporary Relief Methods Before Judgments in Environmental Administrative Cases in Thailand

Abstract

Temporary relief methods were determined before judgments in environmental

administrative cases (EACs) in Thailand. Problems and solutions relevant to the Thai context

were examined. Data was gathered by a study of the literature.

Results were that problems included temporary court relief; conditions for considering temporary relief; judicial power to consider temporary relief orders; commitment by external parties to temporary relief; and the right to appeal against temporary relief orders, in decreasing order of importance. Problems arise because temporary relief measures are not specifically provided for administrative courts, where the process determining justice for parties unfolds. Taking into account rights and duties of both parties in cases, as well as effects upon them, without considering how specific characteristics of case rulings affects the environment and law fails to provide both parties with the potential to fully exercise their right to appeal.

                These findings suggest that clear rules should be established for temporary relief in EACs, including a law to determine authority to prescribe temporary relief orders and stipulate that such orders will be directed to private entrepreneurs. Such laws would include provision of the right to appeal against temporary relief orders, including for penalties assigned to both parties.