The main research question of this thesis is: Does the Ethiopian legal system put in place a civil liability regime for damage on environment? What does this civil liability regime look like?
Industrial and other activities by private entities have the capacity to damage the environment thereby causing environmental damage invariably. To tackle this problem, governments around the world has developed laws and policies having the aim of reducing the impacts that human activities are causing on the environment and preventing damage. The ne plus ultra of these laws is achieving a clean, healthy and sustained environment.
Civil liability is a type of liability regime adopted by countries to make private entities accountable for harm they create on the environment knowingly or negligently. Environmental liability, in one or another way is subjected two the civil liability regime. Numerous countries put environmental liability so that it would be governed by principles and rules of tort liability, which deals with all types of damages indifferently. However, the natures inherent with in environmental liability becomes problematic whenever we try to apply the existing tort rules and procedures. These problems include the difficulty in proving the cause of damage (causal-effect relationship) by already instilled tort rules. Besides, environmental liability demands remedy beyond compensation in order to protect the environment proactively.
This thesis therefore addresses these issues giving particular emphasis on the Ethiopian civil liability regimes. In an attempt to elucidate the problems and give possible recommendations, a thorough analysis on liability regimes adopted by Ethiopian laws dealing with environmental issues are assessed. Furthermore, institutions mandated to protect the environment and enforce these liability rules or EPO’s are scrutinized based on fulfillment of their mandated roles.
Inhaltsverzeichnis (Table of Contents)
- Chapter One: Proposal for the Research
- Background of the Study
- Statement of the Problem
- Research Questions
- Objectives of the Study
- General Objective
- Specific objectives
- Research Methodology
- Scope of the Study
- Justifications of the Study
- Limitations of the study
- Literature Review
- Organization of the Thesis
- Citation Rule
- Chapter Two: Concept and Definition of Terms
- Meaning of "environmental damage"
- What constitutes ‘environmental damage’? -The threshold for liability
- Major theories justifying environmental protection
- Anthropocentricism
- Ecocentrism and 'intrinsic' values
- Degree of Faults: Fault Based, Strict and Absolute Liabilities
- Distinctions between state liability, state responsibility and civil liability
- Concluding Remarks
- Chapter Three: Civil Liability Regimes for Environmental Damage: International Liability Regimes, Remedies and Basic Features
- An overview on some international civil liability regimes
- The status of international civil liability regimes in Ethiopia
- Conditions precedent for the application of CL for environmental damage
- Tort law remedies applicable for enforcing CL for environmental damage
- Specific features of environmental liability as opposed to ‘traditional' civil liability regime
- Concluding Remarks
- Chapter Four: Ethiopian Civil Liability Regime for Environmental Damage: Legal and Institutional Framework
- The Legal Framework
- Institutional framework to enforce civil liability for environmental damage in Ethiopia
- Chapter summary
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This research thesis aims to analyze the legal and institutional frameworks governing civil liability for environmental damage in Ethiopia. It investigates existing national and international legal regimes, examining their effectiveness and identifying gaps in the system. The study also explores the role of various institutions in enforcing environmental liability.
- Civil liability for environmental damage in Ethiopia
- Comparative analysis of international and Ethiopian legal frameworks
- Effectiveness of institutional mechanisms for enforcement
- Identification of gaps and recommendations for improvement
- Analysis of relevant legal concepts and definitions
Zusammenfassung der Kapitel (Chapter Summaries)
Chapter One: Proposal for the Research: This chapter lays the groundwork for the thesis, outlining the background of the study, the problem statement, research questions, and objectives. It details the methodology, scope, and limitations of the research, including the literature review and the organization of the thesis. The chapter establishes the context and direction of the subsequent analysis of civil liability for environmental damage in Ethiopia.
Chapter Two: Concept and Definition of Terms: This chapter provides crucial definitions and conceptual clarifications essential for understanding the thesis's central theme. It defines "environmental damage," explores the threshold for liability, and examines major theories justifying environmental protection, such as anthropocentrism and ecocentrism. It further distinguishes between state liability, state responsibility, and civil liability in the context of environmental damage, laying a solid theoretical foundation for the subsequent chapters.
Chapter Three: Civil Liability Regimes for Environmental Damage: International Liability Regimes, Remedies and Basic Features: This chapter delves into international civil liability regimes, examining specific conventions and protocols related to nuclear damage, oil pollution, hazardous waste, and activities dangerous to the environment. It analyzes the applicability of these international frameworks within the Ethiopian context, exploring conditions precedent for their application. The chapter also details tort law remedies like injunctions, damages, restitution, and mandatory insurance, highlighting specific features of environmental liability compared to traditional civil liability, including burden of proof issues and the problem of orphan damage.
Chapter Four: Ethiopian Civil Liability Regime for Environmental Damage: Legal and Institutional Framework: This chapter focuses on the Ethiopian legal and institutional framework governing civil liability for environmental damage. It analyzes the legal framework through the lens of Ethiopian tort law, examining nuisance, trespass, and dangerous activities. The chapter also investigates specific environmental laws in Ethiopia and their relevance to civil liability. Finally, it critically assesses the institutional framework, including the role of the judiciary, environmental protection organs, and the potential need for specialized environmental courts.
Schlüsselwörter (Keywords)
Civil liability, environmental damage, Ethiopia, international law, tort law, environmental protection, legal framework, institutional framework, remedies, state responsibility, sustainable development.
Frequently Asked Questions: Analysis of Civil Liability for Environmental Damage in Ethiopia
What is the main topic of this research thesis?
This research thesis analyzes the legal and institutional frameworks governing civil liability for environmental damage in Ethiopia. It investigates the effectiveness of national and international legal regimes, identifies gaps in the system, and explores the role of various institutions in enforcing environmental liability.
What are the key themes explored in the thesis?
Key themes include: civil liability for environmental damage in Ethiopia; a comparative analysis of international and Ethiopian legal frameworks; the effectiveness of institutional mechanisms for enforcement; identification of gaps and recommendations for improvement; and an analysis of relevant legal concepts and definitions.
What chapters are included in the thesis and what do they cover?
The thesis includes four chapters. Chapter One outlines the research proposal, including background, problem statement, research questions, objectives, methodology, scope, limitations, literature review, and thesis organization. Chapter Two defines key terms, explores theories of environmental protection (anthropocentrism and ecocentrism), and distinguishes between different types of liability. Chapter Three examines international civil liability regimes, their applicability in Ethiopia, and available legal remedies. Chapter Four focuses on the Ethiopian legal and institutional framework for environmental liability, analyzing relevant laws and the roles of various institutions.
What are the specific objectives of the study?
The study aims to analyze the legal and institutional frameworks governing civil liability for environmental damage in Ethiopia, investigate the effectiveness of existing national and international legal regimes, identify gaps in the system, and explore the role of various institutions in enforcing environmental liability. Specific objectives include defining key terms, comparing international and Ethiopian legal frameworks, assessing the effectiveness of enforcement mechanisms, identifying gaps, and making recommendations for improvement.
What methodologies are used in the research?
The provided text does not detail the specific research methodologies employed beyond outlining the scope and limitations of the study and its organization. Further information would be required to fully answer this question.
What are the key legal concepts discussed in the thesis?
Key legal concepts include civil liability, environmental damage, international law, tort law, environmental protection, state responsibility, and sustainable development. The thesis also discusses the distinctions between state liability, state responsibility, and civil liability, as well as different types of liability (fault-based, strict, and absolute).
What are the limitations of this study?
The specific limitations of the study are not explicitly stated in this preview. Further details are needed to fully address this question.
What are the main findings or conclusions (as indicated in the preview)?
The preview does not present specific findings or conclusions. The provided chapter summaries offer an overview of the topics covered in each chapter, but detailed findings would be found within the complete thesis.
What are the key words associated with this research?
Keywords include: Civil liability, environmental damage, Ethiopia, international law, tort law, environmental protection, legal framework, institutional framework, remedies, state responsibility, sustainable development.
- Quote paper
- Kibru Debebe (Author), 2020, Civil Liability for Environmental Damage in Ethiopia. Legal and Institutional Analysis, Munich, GRIN Verlag, https://www.grin.com/document/914563
