scholarly journals The Role of Public Interest Litigation in the Achievement of Sustainable Waste Management in Ethiopia

2018 ◽  
Vol 10 (12) ◽  
pp. 4735 ◽  
Author(s):  
Merhatbeb Gebregiorgs
Keyword(s):  
Waste Management ◽  
Public Interest ◽  
Command And Control ◽  
Civil Procedure ◽  
Environmental Tax ◽  
Sustainable Waste Management ◽  
Public Interest Litigation ◽  
Procedure Code ◽  
And Control

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.

A autocomposição de conflitos na Câmara de Conciliação e arbitragem da Administração Federal: estudo do caso - UNIFESP x União

2019 ◽  
Vol 1 (1) ◽  
pp. 19-36
Author(s):  
Leila Cuéllar ◽  
Egon Moreira
Keyword(s):  
Public Administration ◽  
Civil Procedure ◽  
The Public ◽  
Procedure Code

The article analyses the role of the “Mediation Chambers” in the Public Administration, according to the Civil Procedure Code (2015) and the Mediation Act (2015). It examines the nature of such chambers, their operation and limits.

Allies or Subversives? Adjudication and Democracy

2018 ◽  
pp. 79-114
Author(s):  
Sandra Fredman
Keyword(s):  
Human Rights ◽  
Public Interest ◽  
Decision Makers ◽  
Democratic Accountability ◽  
Public Interest Litigation

This chapter addresses the argument that human rights should be not be the responsibility of courts, but of the legislature. Instead of regarding courts and the legislature as mutually exclusive, however, it asks whether we can create a role for justiciable human rights which reinforces democracy. Section II considers democratic objections to justiciable human rights, and canvasses potential responses. Section III examines three ways to reconcile the role of courts with democracy: representation-reinforcing, dialogic, and deliberative theories. It concludes that courts should enhance the democratic accountability of decision-makers by insisting on a deliberative justification for the interpretation or limitation of rights. Section IV turns to objections based on lack of judicial competence to address complex, polycentric issues raised by human rights. Using the example of India’s public interest litigation, it examines ways in which the court structure might be adapted to address these concerns. Section V considers remedies and implementation.

Functions of the Supervision Proceedings in the Civil Procedure

2016 ◽  
Vol 4 (2) ◽  
pp. 0-0
Author(s):  
Ирина Быкова ◽  
Irina Bykova
Keyword(s):  
Russian Federation ◽  
Civil Procedure ◽  
Comparative Methods ◽  
Procedure Code ◽  
Russian State ◽  
The Russian Federation ◽  
Correct Understanding ◽  
Modern Russian

In this article the author analyses correlation between terms tasks and aims of the civil procedure in whole and these ones of the supervision proceedings in particular. Addressing Soviet and modern Russian jurists’ opinions, the author based on contextual reading of the law rule of the Civil Procedure Code of the Russian Federation that determines aims and tasks of the civil procedure offers her own vision of correlation between the above-mentioned terms and supposes division into the main and additional tasks of the civil procedure. Named tasks of the civil procedure the author considers that determining functions of the civil procedure as means to complete these tasks is needed. Comparing other authors’ terms of the civil procedure function the author formulates her term of a function of the civil procedure. Moreover the question concerning possible synonym of terms: principles, tasks, aims and functions of the civil procedure is also considered. Concluding characterization of the civil procedure functions the author disserts about functions of each stage of the civil procedure, with a particular focus on optional stages of the civil procedure, one of which is the supervision proceedings. Based on functions of the supervision proceedings in the civil procedure the author divides such functions into check, regulatory, protecting, control and right-conferring functions. Employing in particular historic-legal and comparative methods of research, the author of this article characterizes each of the above-mentioned functions, also through determining tasks of each particular function of the supervision proceedings in the civil procedure. In conclusion the author writes that it’s necessity to determine the functions of the supervision proceedings in civil procedure for the purpose of correct understanding the role of the supervision proceedings in the civil procedure of the modern Russian State.

From Command and Control to Self-Confidence in Government: Meeting the Challenge in Doncaster

2003 ◽  
Vol 69 (2) ◽  
pp. 161-172
Author(s):  
Clare Batty ◽  
John Hilton
Keyword(s):  
Cultural Change ◽  
Command And Control ◽  
Practical Experience ◽  
Local Responses ◽  
Self Confidence ◽  
Local Pressures ◽  
And Control ◽  
Service Managers ◽  
Control Management

This article compares some themes of change management theory against the practical experience of a large UK local authority as it attempts to move from `command and control' leadership to a more assertive, self-confident style of local government. This move is a response both to changing national legislation and local demand arising from a significant corruption scandal. The concept of `command and control' management is compared with that of self-confidence within the context of organizing for government, both central and local. The nature of self-confident government is then examined more closely in an attempt to answer some central questions — what is self-confidence, what sustains it and what benefits does it offer? These questions are then considered against the practical experience of a large metropolitan authority in England. The local pressures for organizational and cultural change, including those arising out of recent municipal corruption, are discussed along with the developing local responses. The article then considers the change issues that are arising for local service managers and the role of developing self-confidence in adapting and expanding their capabilities into the future. Some key learning points are identified.

Insights Into Managing Project Teams for Industry 4.0

2019 ◽  
pp. 99-118 ◽  
Author(s):  
Carl Marnewick ◽  
Annlizé Marnewick
Keyword(s):  
Conceptual Model ◽  
Industry 4.0 ◽  
Command And Control ◽  
Project Manager ◽  
Project Teams ◽  
The Other ◽  
Continuous Delivery ◽  
And Control ◽  
Agile Teams

In a fast-paced and changing world demanded by Industry 4.0, the continuous delivery of products and level of integration of technologies are required. This is achieved through the introduction of agile but agile itself demands changes in the way projects are managed. The role of the project manager itself is changing from a command and control to a collaborative and coaching style of leadership. Project teams on the other hand should be self-organizing and self-directed to be agile. Managing agile teams requires a different approach as the idea is to deliver workable solutions and products at a faster space. New project manager skills and competencies are required as well as ways to manage agile teams. A conceptual model is introduced, highlighting the required enablers for an agile environment. The enablers have an impact on how the agile project manager interacts with the agile team. The end result is that products are faster deployed enabling organizations to react to the changes demanded by Industry 4.0.

Opening up Appointments

2018 ◽  
pp. 96-108
Author(s):  
Madhavi Divan
Keyword(s):  
Civil Society ◽  
Public Interest ◽  
Public Interest Litigation ◽  
Deep Dive ◽  
Judicial Appointments ◽  
High Courts ◽  
The Supreme Court ◽  
Lay Members ◽  
Opening Up

This essay takes a deep dive into the role of the civil society in the judicial appointments process. It begins with the observation that the superior courts in India, during the last few decades, have assumed an activist role. Public interest litigation on issues which have the potential to impact various sections of society are being entertained by the Supreme Court and the High Courts. This essay argues that India should not stay far behind from including members of the civil society, or ‘lay’ members in the judicial appointments process. It is also argued that the inclusion of lay people in the appointments process would positively impact the cause of diversity in appointments. In this context, this essay espouses the cause of civil society members in the judicial appointments process, and shields their inclusion in the National Judicial Appointments Commission from the allegation of violating the independence of the judiciary.

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