The role of public interest litigation in the achievement of sustainable waste management in Ethiopia

Merhatbeb Gebregiorgs

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Abstract

This research assessed the role of public interest litigation in the achievement of sustainable waste management in the Addis Ababa Administration (AAA) of Ethiopia. It employed a single country case-oriented comparative research design, and data triangulation was used to establish the validity of the findings. The research first shows Ethiopia’s commitment to sustainable waste management, implementing environmental tax and the command-and-control instruments of the polluter-pays principle and public interest litigation within the context of environmental justice. Secondly, it shows that public interest litigation is one of the innovative techniques in the struggle against waste mismanagement across all legal systems. Thirdly, it demonstrates the potential role of publicinterestlitigationinEthiopiainencouragingthefederalandregionalenvironmentalprotection and management organs to implement environmental tax and command-and-control instruments. Fourthly, it uncovers that public interest litigation is not fully compatible with the Civil Procedure Code of Ethiopia. Fifthly, it shows the failure of the judiciary system of Ethiopia to accommodate environmental courts and tribunals that flexibly and innovatively adopt public interest litigation. Sixthly, it reveals that, in Ethiopia, the scope of public interest standing is highly restrictive for Civil Society Organizations (CSO). Finally, it implies that the legal viability and administrative feasibility of environmental public interest litigation in Ethiopia is in its infancy, and its crystallization is partly contingent on the cautious review of the Civil Procedure Code and CSO laws and on greening the judiciary system.
Original languageEnglish
Article number1
Pages (from-to)1 - 20
Number of pages20
JournalSustainability
Volume10
Issue number12
DOIs
Publication statusPublished - 12 Dec 2018

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waste management
Waste management
Ethiopia
public interest
Taxation
environmental tax
Triangulation
judiciary
civil society
taxes
Crystallization
polluter pays principle
legal system
environmental justice
triangulation
comparative research
public
litigation
research planning
viability

Cite this

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title = "The role of public interest litigation in the achievement of sustainable waste management in Ethiopia",
abstract = "This research assessed the role of public interest litigation in the achievement of sustainable waste management in the Addis Ababa Administration (AAA) of Ethiopia. It employed a single country case-oriented comparative research design, and data triangulation was used to establish the validity of the findings. The research first shows Ethiopia’s commitment to sustainable waste management, implementing environmental tax and the command-and-control instruments of the polluter-pays principle and public interest litigation within the context of environmental justice. Secondly, it shows that public interest litigation is one of the innovative techniques in the struggle against waste mismanagement across all legal systems. Thirdly, it demonstrates the potential role of publicinterestlitigationinEthiopiainencouragingthefederalandregionalenvironmentalprotection and management organs to implement environmental tax and command-and-control instruments. Fourthly, it uncovers that public interest litigation is not fully compatible with the Civil Procedure Code of Ethiopia. Fifthly, it shows the failure of the judiciary system of Ethiopia to accommodate environmental courts and tribunals that flexibly and innovatively adopt public interest litigation. Sixthly, it reveals that, in Ethiopia, the scope of public interest standing is highly restrictive for Civil Society Organizations (CSO). Finally, it implies that the legal viability and administrative feasibility of environmental public interest litigation in Ethiopia is in its infancy, and its crystallization is partly contingent on the cautious review of the Civil Procedure Code and CSO laws and on greening the judiciary system.",
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The role of public interest litigation in the achievement of sustainable waste management in Ethiopia. / Gebregiorgs, Merhatbeb.

In: Sustainability, Vol. 10, No. 12, 1, 12.12.2018, p. 1 - 20.

Research output: Contribution to journalArticleScientificpeer-review

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