Sources of environmental law in nigeria pdf

By this expression is understood the authority from which the laws derive their force. Community protests, civil disobedience, picketing, have been. Under nigerian law, environmental law includes all the sources of nigerian law that impact the environment. Environmental laws, enforcement and effect on nigerian businesses. It took over this function in 1999 from the federal environmental. The interactional law framework takes seriously what international actors do, both as they continue to rely on sources listed in article 38, and as they develop new ways of making international law. Hence the appeal for a global environmental law court of international jurisdiction. Get free research paper on environmental pollution in nigeria.

Environmental pollution and sustainable development in nigeria. Petroleum industry in nigeria environmental issues, national environmental legislation and implementation of international environmental law. The case for a global environmental court of justice all the more challenging because there is hardly any viable means of conflict resolution. Pdf water resources use, abuse and regulation in nigeria. Sources of nigerian lawconstitution are of various adaptations and we would attempt having a glance at those sources. Environmental laws, enforcement and effect on nigerian. These contacts or associations are the inevitable consequence of modern civilization. Where a project for which an environmental assessment is not required under section 15 of this decree is to be carried out in nigeria and the agency or the president, commander in chief of the armed forces is of the opinion that the project is likely to cause serious adverse environmental effect on federal lands or on lands in respect of which a state or local government has interests, the. An act to establish the federal environmental protection agency with its functions and the powers for the effective implementation of such functions.

The nigerian constriction, for one, makes provision for environmental protection and management in sections 12, 20, 33 and 34. Federal environmental protection agency act 1988 no. As a federation, there are numerous sources of environmental law including the constitution,22 international treaties, state laws, local government laws, and common law. These places from which the law is derived are aptly described as the sources of law. This article looks into the concepts of the polluter pays principle and the liability and compensation. Apr 18, 2012 what is the source of environmental laws in nigeria. The history of environmental policy and pollution of water.

Gas flaring practices started since the first discovery of oil in the niger delta region of nigeria, and this practice has continued without seizure. Environmental pollution control law section 12 of this law under the laws of lagos state makes it an offence to cause or permit a discharge of raw untreated human waste into any public drain, water course or onto any land or water. He comes into contact with other individuals in different capacities. Water resources use, abuse and regulation in nigeria. He explained further, the development of environmental regulation was greatly aided in the late 1980s by the kook incident that occurred in the country. Nature and sources of nigerian legal system nigeria became a federation in 1954 with the introduction of a federal constitution by the nigerian constitution. The federal laws that affect social activity performed each day in environmental law and regulation are environmental impact assessment and. This is approved for students in accountancy, business, computer science, economics, engineering, arts. Ghana legal system an overview sturm college of law. Environmental and natural resource concerns rank highly in both continental and national priorities in africa. Section 33 and 34 guarantee right to land and human dignity and it is said to associate with the necessity for safe and healthy environment. Development of environmental law in nigeria 6 environmental law in nigeria is that branch of public law, which contains rules and regulations, which have as their object or effect the protection of the environment.

Examining environmental policies and laws in nigeria. Environmental policy and sustainable development in nigeria it should be noted that the achievement of individual potential through the state is a function of the carrying capacity of the earth environment. It is a country with a current population of about 180 million people, and with different laws policies and constitutions to ensure that order is maintained. Scotland, for instance, has a hybrid form of law, as does. The way forward joseph akinkugbe adelegan department of civil engineering, university of ibadan, ibadan, oyo state, nigeria. Chapter 1 law and its sources introduction man is by nature a social being. Environmental law is the collection of laws, regulations, agreements and common law that governs how humans interact with their environment. Environmental policy and its enforcement in nigeria. This is the most important of the sources of nigerian law. This is because of its ecological and political history, its exceptional diversity of species and ecosystems and its current economic and.

It is the pillar upon which the nigerian legal system rests. In order to know what comprises the law, you have to derive it from various places. It consists of the exclusive list, concurrent list and residual list. Environmental policy and its enforcement in nigeria 1. Environmental pollution, types, causes, impact and management.

The chapter, therefore, explores the lawmaking processes listed in article 38 in turn, and then moves on to consider newer processes. In civil law systems, the sources of law include the legal codes, such as the civil code or the criminal code, and custom. These sources shall be more closely examined in part iii. The basis of environmental policy in nigeria is contained in the 1999 constitution of the federal republic of nigeria. Thus the formative years of institutional environmental regulation in nigeria could. Environment law in nigeria energy and natural resources. In nigeria, there is virtually little or no official data relating to the harmful effects of toxic wastes on the environment. Civil law systems often absorb ideas from the common law and viceversa. The power of making all laws is in the people or their representatives, and none can have any force whatever, which is derived from any other source. Environmental pollution occurs when any material, organism or substance is introduced into the environment especially by the direct and indirect action of man, in more than its natural concentration which has detrimental effect on it and every other thing therein. What is the source of environmental laws in nigeria answers. However, events of the last decade on the socialpolitical terrain of the country is a pointer to the fact that environmental pollution a fairly.

This is because it is nigerian legislation that gives life to other sources of law. This offence is punishable with a fine not exceeding n100, 000 one hundred thousand naira and in the case of a. Rethinking environmental law enforcement in nigeria. Developmental stages of environmental lawsregulatory frameworks and policiesstrategies in nigeria the development and evolution of environmental lawsregulatory frame works and by extension policiesstrate gies in nigeria with reference to the oil and gas industry can be divided into three major generations. Coker department of civil engineering university of ibadan ibadan environment according to federal environmental protection agency fepa act of 1990, under. The environment provides the required resources necessary for the actualization of individual potential. Environmental issues, national environmental legislation and implementation of international environmental law. Examining environmental policies and laws in nigeria aliyu ibrahim kankara dept. Another defence under the law is that the breach of the environmental law or any permit given. Moreover, this gain helps to enforce the environmental standards as well as the liability and compensation mechanism that is in need of, for further development and better integration with this principle. A related but distinct set of regulatory regimes, now strongly influenced by environmental legal principles, focus on the management of specific natural resources, such as forests, minerals, or fisheries. The purpose of environmental law is to protect the environment and create rules for how people can use natural resources. The paper examines how environmental law and other relevant sources of law endeavoured to tackle noise pollution in the country. Failed promises and reviving community voices by eferiekose ukala abstract this note examines the use of litigation to stop gas flaring in nigerias niger delta, and proposes an alternative solution to the ongoing gas flaring in the niger delta region.

The history of environmental policy and pollution of water sources in nigeria 19602004. Gas flaring has been associated with many socioeconomic, political and health implication in. Sources of the law legal definition of sources of the law. Sources of law can be definedas the places to which a. Environmental laws not only aim to protect the environment from harm, but they also determine. Sources of law the constitution acts of parliament subsidiary legislation existing laws all laws existing prior to 1992 constitution common law of ghana i. According to obi ogbalu in his environmental regulation in nigeria, xiv real environmental legislation in nigeria was a product of national emergency. Environmental law is a collective term encompassing aspects of the law that provide protection to the environment.

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