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 public interest litigation in Ethiopia in encouraging the federal and regional environmental protection 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.

Highlights

  • Environmental justice is one of the goals of sustainable development, and public interest litigation is one of the innovative techniques for its implementation [1,2]

  • It is safe to conclude that the potential role of public interest litigation in the struggle against waste mismanagement is applicable in Ethiopia [5,6]

  • This research assessed the role of public interest litigation in the achievement of sustainable waste management in the Ababa Administration (AAA) of Ethiopia

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Summary

Introduction

Environmental justice is one of the goals of sustainable development, and public interest litigation is one of the innovative techniques for its implementation [1,2]. In seeking to hold states responsible for environmental pollution, public interest litigation could follow either a fundamental rights approach or a duty of care method [4]. The application of public interest litigation in combating unsustainable waste management is not context-specific, and it can be stretched across all legal systems. It is safe to conclude that the potential role of public interest litigation in the struggle against waste mismanagement is applicable in Ethiopia [5,6]

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