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Kasimbazi, Emmanuel --- "Public Interest Litigation as a Mechanism for Enforcing Environmental Rights and Duties in Uganda" [2011] ELECD 327; in Paddock, Lee; Qun, Du; Kotzé, J. Louis; Markell, L. David; Markowitz, J. Kenneth; Zaelke, Durwood (eds), "Compliance and Enforcement in Environmental Law" (Edward Elgar Publishing, 2011)

Book Title: Compliance and Enforcement in Environmental Law

Editor(s): Paddock, Lee; Qun, Du; Kotzé, J. Louis; Markell, L. David; Markowitz, J. Kenneth; Zaelke, Durwood

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848448315

Section: Chapter 23

Section Title: Public Interest Litigation as a Mechanism for Enforcing Environmental Rights and Duties in Uganda

Author(s): Kasimbazi, Emmanuel

Number of pages: 12

Extract:

23. Public Interest Litigation as a Mechanism
for Enforcing Environmental Rights and
Duties in Uganda
Emmanuel Kasimbazi*

1. INTRODUCTION

Public interest litigation (PIL) refers to legal actions brought to protect or to
enforce rights that are enjoyed by the members of the public or large parts of it.
Such legal actions may be filed by any public-spirited individual or group of
individuals or by a civil society organization, on behalf of persons or group of
persons whose rights have been violated. It is not essential that the person filing
such a suit should have an interest in the subject matter of the suit.
PIL has been a developing tool in the area of environmental law for ensuring
the realization of environmental rights and duties in Uganda. Its effectiveness is,
however, yet to be realized. One of the issues that require critical examination is
whether judicial officers, the public and lawyers have appreciated the importance
of PIL in enforcing environmental rights and obligations in Uganda. The
principal purpose of this chapter is to investigate how environmental law
provisions have been applied to enforce environmental rights and duties through
PIL. The chapter specifically reviews Ugandan constitutional provisions, and
provisions of environmental related legislation and analyses how courts have
applied environmental law provisions to enforce environmental rights and duties.


2. ENFORCING ENVIRONMENTAL RIGHTS AND DUTIES
THROUGH PUBLIC INTEREST LITIGATION

Environmental rights offer new perspectives on contemporary debates over
fundamental rights and environmental issues. Environmental rights, on the one
hand, are a sub- ...