A contradiction between the Ethiopian law of investment and environmental law is prevalent
since law of investment promotes development while environmental law protects the
environment. The thesis investigates the general legal issue: How do the investment and
environmental laws of Ethiopia promote large-scale agricultural development without adversely
affecting the environment? In the research, comparative legal research methodology is
employed: comparison is made between the internationally accepted principles of large-scale
agricultural investment and Ethiopian laws; the laws and experiences of Brazil and South Africa
are showed that law of sustainable large-scale agricultural investment is vital to promote
agricultural development and protect the environment. International law on investment and
environment are also considered. International legal principles of solving the contradiction
between environmental law and investment law are analysed. Legal and document analysis of
Ethiopian laws, policies and government documents have been made. Interviews have been
made, data through questionnaires have been collected and analysed, and 12 large-scale
agricultural investment farms have been observed and critically analysed. The thesis identified
that law of large-scale agricultural investment promotes development while Ethiopian
environmental law protects the environment. The law has a role in promoting large-scale
agricultural development by recognising the right to development and providing incentives and
creating conducive environment. Thus, the law should be used to promote both the right to
development and environmental protection. The nexus between investment law and
environmental law should be strengthening. It is identified that the law of sustainable large-scale
agricultural development could protect the environment while promoting large-scale agricultural
development. The thesis identified the Ethiopian law and the practices do not promote
sustainable large-scale agricultural development. Thus, it is recommended that precautionary
principle, like EIA should be made a requirement for large-scale agricultural investment, implementing efficiently and effectively the large-scale agricultural law principles, and laws to
achieve sustainable large-scale agriculture. / Public, Constitutional and International Law / LL. D.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:unisa/oai:uir.unisa.ac.za:10500/24738 |
| Date | 21 August 2018 |
| Creators | Tesfaye Abate Abebe |
| Contributors | Waschefort, Gus, Mekete Bekele Tekle |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Thesis |
| Format | 1 online resource (xix, 407 pages) : color illustrations |
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