Original language


Date of text
Type of court
National - higher court
Reference number
Contract, Jurisdiction, Administrative

This Xayaburi Dam was the initiation from the Electricity Generating Authority of Thailand and the Thai government project to purchase electricity from this dam. Therefore, the plaintiffs applied their community right to participate in natural resource management and protect their livelihood.

The Supreme Court ordered not to accept two charges. The first charge was to dissolve the National Energy Policy Council's resolution and the Cabinet’s resolution approving the Electricity Generating Authority of Thailand to purchase the electricity from the Xayaburi Dam. The Court ruled that it was an internal process and did not have a legal effect on the plaintiffs’ rights. The second charge was an unlawful contract between the Thai government agency in the project. However, the Court agreed that it was the contract under the Court jurisdiction, but the plaintiffs were not the parties in this contract. Therefore, the plaintiff did not have the authority to bring this charge to the Court. However, in the third charge, the Court admitted a lawsuit for negligence or unreasonable delay of the government agencies’ protection of the community right of the plaintiffs under the article 66 and 67 of the Constitution of B.E.2550 (2007). The Court ruled that the Administrative Court has a jurisdiction to accept the case on cross-border environmental impact.