The importance of public interest lawsuits in the field of environmental protection

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

Public interest claims (PIL) are gaining increasing attention and appeal in many parts of the world in both constitutional democracies and societies in transition. It is particularly promising as it improves access to justice for marginalized and vulnerable communities, and raises awareness and debate on a particular issue of concern to the general public. Public interest litigation is also said to act as an enabling mechanism,  and voice and accountability. Public interest litigation is a very important tool for the promotion and protection of environmental rights. The reason for this is that it is extremely difficult to fully address environmental concerns using traditional command-and-control approaches and special applications. It is extremely important for developing countries such as Ethiopia where there is a huge deficit in environmental law enforcement, and traditional litigation is expensive. It is cumbersome and unpredictable due to the nature of the environmental problems and the relief required. Environmental public interest claims also make sense in developing countries where environmental concerns related to involuntary displacement, resettlement, provisions for basic water and sanitation needs and indoor air pollution are linked to the rights of the poor and disadvantaged segments of society.

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