Chapter Five

Common Legal Mechanisms of Environmental Protection

1. Prohibiting and Restricting Activities and Substances

• Prohibition and Restriction: Enforcing bans or limits on activities or substances harmful to the
environment. This includes restricting hazardous chemicals, regulating emissions, and banning
non-sustainable practices.
• Implications for Environmental Protection:
o Reduces environmental pollution and degradation.
o Protects biodiversity and ecosystems.
o Prevents public health hazards.
• International Law:
o Basel Convention: Controls transboundary movements of hazardous wastes to protect
human health and the environment.
o Stockholm Convention: Bans or restricts the production and use of persistent organic
pollutants (POPs).
• Ethiopian Law:
o Hazardous Waste Management and Disposal Control Proclamation No. 1090/2018:
Manages the generation, storage, treatment, and disposal of hazardous waste to prevent
environmental pollution.
o Control of Ozone Layer Depleting Substances Proclamation No. 716/2011: Regulates
the production, import, and use of substances that deplete the ozone layer, aligning with
the Montreal Protocol.
2. Product and Process Standards
• Product Standards: Set requirements for the physical and chemical composition, packaging,
and labeling of products to minimize environmental impact.
• Process Standards: Regulate operational procedures to ensure environmentally sound
practices, often requiring best available technologies.
• Implications for Environmental Protection:
o Ensures safer products and cleaner production processes.
o Reduces pollution and resource consumption.
o Encourages innovation in sustainable technologies.
• International Law:
o Stockholm Convention: Sets standards for the production and use of chemicals to
reduce their harmful effects on human health and the environment.
• Ethiopian Law:
o Solid Waste Management Proclamation No. 5131/2007: Establishes standards for the
management of solid waste, including its collection, transport, and disposal.
 o Environmental Pollution Control Proclamation No. 300/2002: Sets standards for
emissions and effluents from industrial processes to control pollution.
3. Emission Standards
• Emission Standards: Limits on the amount or concentration of pollutants that can be released
into the environment from specific sources.
• Implications for Environmental Protection:
o Controls air, water, and soil pollution.
o Protects public health.
o Promotes cleaner production methods.
• International Law:
o Kyoto Protocol: Sets binding emission reduction targets for greenhouse gases to
combat climate change.
• Ethiopian Law:
o Environmental Pollution Control Proclamation No. 300/2002: Defines permissible
limits for pollutants emitted from industrial activities and other sources.
4. Ambient Quality Standards
• Ambient Quality Standards: Define maximum allowable levels of pollutants in the
environment (air, water, soil) to protect human health and ecosystems.
• Implications for Environmental Protection:
o Ensures a safe and healthy environment.
o Guides regulatory actions and pollution control measures.
o Protects sensitive ecosystems and vulnerable populations.
• International Law:
o WHO Air Quality Guidelines: Provide recommended limits for air pollutants to protect
public health.
• Ethiopian Law:
o Environmental Pollution Control Proclamation No. 300/2002: Establishes ambient
quality standards for various environmental media to ensure their protection.
5. Prior Licensing and Permits
• Licensing and Permits: Require governmental authorization before engaging in activities that
may impact the environment. Ensures compliance with environmental regulations.
• Implications for Environmental Protection:
o Controls potentially harmful activities.
o Ensures adherence to environmental standards.
o Facilitates monitoring and enforcement.
• International Law:
o Convention on Biological Diversity: Requires prior authorization for activities
impacting biodiversity.
• Ethiopian Law:
 o Environmental Impact Assessment Proclamation No. 299/2002: Mandates that projects
undergo an EIA and obtain a permit before proceeding to ensure environmental
considerations are integrated into planning.
6. Prior Informed Consent
• Prior Informed Consent (PIC): Ensures that importing countries are informed about and agree
to receive hazardous or restricted products.
• Implications for Environmental Protection:
o Prevents unregulated and unsafe transfer of hazardous substances.
o Protects human health and the environment in receiving countries.
o Promotes transparency and international cooperation.
• International Law:
o Rotterdam Convention: Implements the PIC procedure for certain hazardous chemicals
and pesticides in international trade.
• Ethiopian Law:
o Biosafety Proclamation No. 655/2009: Requires prior informed consent for the
importation and release of genetically modified organisms (GMOs), ensuring
biosafety.
7. Environmental Impact Assessment and Monitoring
• Environmental Impact Assessment (EIA): A systematic process to evaluate the potential
environmental effects of proposed projects.
• Monitoring: Continuous observation and evaluation of environmental parameters to ensure
compliance with EIA predictions.
• Implications for Environmental Protection:
o Identifies and mitigates adverse environmental impacts before project implementation.
o Enhances decision-making and project planning.
o Ensures ongoing compliance and adaptive management.
• International Law:
o Espoo Convention: Requires EIA for activities likely to have significant adverse
transboundary environmental impacts.
• Ethiopian Law:
o Environmental Impact Assessment Proclamation No. 299/2002: Mandates EIAs for
projects with potential environmental impacts and establishes procedures for their
review and approval.
8. Land Use Regulation
• Land Use Regulation: Controls and guides the development and use of land to prevent
environmental degradation and promote sustainable practices.
• Implications for Environmental Protection:
o Prevents habitat destruction and land degradation.
o Promotes sustainable development and resource management.
 o Balances ecological, social, and economic needs.
• International Law:
o Ramsar Convention: Promotes the wise use of wetlands to maintain their ecological
character.
• Ethiopian Law:
o Forest Development, Conservation and Utilization Proclamation No. 1065/2018:
Regulates the sustainable use and conservation of forests.
o Development, Management and Utilization of Community Watersheds Proclamation
No. 1223/2020: Establishes guidelines for sustainable land use and management within
community watersheds.
9. National and International Regulations
• Regulations: Harmonizing national laws with international environmental agreements to
ensure comprehensive and cohesive protection.
• Implications for Environmental Protection:
o Ensures consistency and compliance with international standards.
o Facilitates international cooperation and support.
o Strengthens national environmental governance.
• International Law:
o Paris Agreement: An international treaty on climate change aiming to limit global
warming.
• Ethiopian Law:
o Ethiopian Water Resources Management Proclamation No. 191/2000: Aligns national
water management practices with international standards.
o River Basin Councils and Authorities Proclamation No. 534/2007: Establishes
management frameworks for river basins in line with international agreements.
10. Use of Economic Instruments
• Economic Instruments: Utilize market-based tools like taxes, subsidies, and permits to
encourage environmentally friendly practices and internalize environmental costs.
• Implications for Environmental Protection:
o Encourages businesses and individuals to adopt sustainable practices.
o Generates revenue for environmental protection activities.
o Reduces pollution and resource depletion through economic incentives.
• International Law:
o EU Emission Trading Scheme (EU ETS): A cap-and-trade system to reduce greenhouse
gas emissions.
• Ethiopian Law:
o Environmental Pollution Control Proclamation No. 300/2002: Includes provisions for
economic incentives and penalties to promote compliance with environmental
regulations.
11. Education and Awareness Raising
• Education and Awareness: Increasing public knowledge and engagement in environmental
protection through information dissemination and participatory processes.
• Implications for Environmental Protection:
o Empowers communities to participate in environmental decision-making.
o Fosters a culture of sustainability and responsibility.
o Enhances compliance and support for environmental policies.
• International Law:
o Aarhus Convention: Ensures public access to environmental information, participation
in decision-making, and access to justice.
• Ethiopian Law:
o Environmental Policy of Ethiopia: Emphasizes the importance of public education and
awareness in achieving environmental goals.