EVALUATION OF THE IMPACT OF ENVIRONMENTAL LAW THE POLITICS OF EARTH PROTECTION
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- Reference Style: APA
- Recommended for : Student Researchers
- NGN 3000
BACKGROUND TO THE STUDY
Environmental laws are meant to safeguard humans from extinction. It is also the responsibility of the Nigerian federal government to assist in the oil and gas sector in order to prevent oil spills into the oceans (Jane et al, 2007).
International law has always adopted a "hands-off" attitude to mining. States have sovereignty, or supreme, autonomous political and legal authority, over their own natural resources, just as they have over people, corporations, and other organizations inside their borders, according to international law. The Stockholm Declaration's Principle 21 states: "States have, in accordance with the United Nations Charter and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of a third party." This demonstrates that international environmental regulations are unconcerned with environmental protection in mining within a state's borders. That no enforcement and application of the environmental rules in states, notwithstanding of the fact that, state is a key topic of the international law. Only when environmental problems extend beyond a state's borders does international law come into play.
However, the new generation of environmental legislation may be defined by networked, integrated, and adaptive approaches to implementation and compliance (Anderson et al, 2000). The development of specialised environmental administrations and the implementation of a set of laws for them to administer on environmental impact assessment, pollution management, wilderness protection, and vulnerable species conservation marked the first generation of environmental law. This was the era of the Stockholm Conference on the Human Environment, which took place in 1972. (Eric et al, 2003). The focus of environmental legislation in the second generation shifts to sustainable development, reflecting developing nations' growing engagement in international diplomatic activities on the environment. It drew attention to ecological issues including climate change, biodiversity loss, and desertification, as well as worldwide trade of toxic substances like chemicals and hazardous waste into underdeveloped nations. The 1992 Rio Conference on Environment and Development spawned this generation. The environmental protection objectives developed around these two worldwide miles tones are currently being implemented. Over the previous 40 years, a large number of agreements and commitments have been signed by many, if not all, countries, which they have committed to following on a national level.
On the other side, the United Nations, which was founded in 1945, protected individual freedom as well as the protection of sovereign nation-state rights (Jane et al, 2007).
Under the Vienna Convention, common-law declarations were recognized as international treaties and given special weight. When treaties are signed by signing states, they become legislation, customary international law, or domestic law of specific countries, as determined by the constitution of that country (Eric et al, 2003). Despite this, mining-related treaties are seldom enforced since they are between sovereign nations and enforcement procedures are sluggish and cumbersome (Eric et al, 2003).
Hence, looking critically on the nature of the problem to a large extent is characterized by the nature of international law for lacking clear implementation and enforcement mechanism, then the responsibility of individual states to implement environmental laws to some extent is minimal rather than it could be expected. Also, as stated in Principle 21 of the Stockholm Declaration, environmental damage in mining areas is a result of international law's lack of concern for mineral activity near a state's boundary (Jane et al, 2007). This illustrates that conservation of environment in mining areas is achievable with domestic environmental regulations.
1.2 Statement of the Problem
Nigeria exhibits inadequate systems of environmental protection in mining areas, for the grounds of poor implementation and enforcement of the current environmental regulations (Jane et al, 2007).
Section 52 of the 2010 Mining Act demonstrates the lack of mechanisms for enforcing and enforcing regulations in mining zones. The law does not specify how the laws will be enforced or how they will be applied to ensure environmental protection (Eric et al, 2003). According to the Mining Act of 2010, mining activities must be carried out in a way that protects the environment in conformity with the Environment Management Act No. 20 of 2004. However, there is no provision in the Act that allows these laws to be enforced.
Part II, Section 8 of the Environment Management Act, No 20 of 2004, says that environmental principles must be implemented. This responsibility is provided to a person exercising a public role to implement principles of environment management. This section examines various authorities, including courts and environmental tribunals, in order to determine the lawmaker's intent. The abovementioned clause indicates such requirement, however there are no enabling measures in the EMA to ensure that what is stated in the said provision is enforced and implemented (Jane et al, 2007). That, while the section emphasizes sustainable management of natural resources, including minerals, poor enforcement and implementation of what is stated results in no sustainable management of natural resources, and as a result, the country continues to experience massive environmental degradation in mining areas. Land users and occupiers are required under Section 72 of the Environment Management Act, No 20 of 2004, to enhance and nourish the land, as well as to utilize it in an environmentally sustainable way as stipulated by the Minister. Section 171 (1) a to g and subsection 2 of the EMA make it mandatory for the Commissioner for Minerals, through the Sector Environmental Coordinator for mining, to forward to the Council as public records different copies of the documents so that the Director of the Environment, in consultation with the Commissioner for Mineral Sector, can give directives on the implementation of the Mining Act, 1998's environmental management provisions. The only difficulty lacking is provisions to make enforcement and execution of what the law specifies (Anderson et al, 2000). (Anderson et al, 2000).
International rules, particularly those derived from treaties, are self-enforcing, and compliance is obtained because it is in the parties' best interests. There is, he said,no formal body of international law enforcement officials, despite efforts for its development. Typically, these mining related accords contain highly wide wording, lack of sufficient enforcement regimes (Jane et al, 2007). (Jane et al, 2007). This implies that international law lacks enforcement tools. The majority of international law enforcement does not take place through enforcement mechanism institutions; as a result, acts of enforcement are less visible at the international level than at the domestic level. As a result, it is up to the states to deal effectively with problems that arise in their environment without relying on international community enforcement. Furthermore, international law is not as frequently enforced as domestic law.
1.3 Objectives of the Study
The study is focused on the enforcement and implementation of environmental laws on protection of environment in mining areas. It intends to make a critical analysis of the existing laws on environmental protection.
Specific objectives
i. To determine and analyze critically implementation and enforcement of environmental laws and the protection of mining areas in Nigeria; and research further reasons for poor and or non enforcement of environmental laws in Nigeria.
ii. To find possible means of putting into practical enforcement mechanisms of international environmental laws in Nigeria.
iii. To determine implementation of the best practice principle in environmental management in mining industry.
1.4 Significance of the Study
The research has important to the whole international communities and individual nations as it explains protection of mining area and emphasis mining in sustainable manner.
The research explains weakness on the laws concerning environmental protection in mining areas in Nigeria.
The researcher suggests probable means of enforcement and implementation of international environmental laws in individual state.
The research is useful and it contributes challenges as well as new knowledge to scholars, students, environmentalists, and legal experts in the field of environmental law.
1.5 Research Question
The researcher was guided by the following research questions:
- is the enforcement and implementation of environmental laws in Nigeria is weak to protect mining areas ?
ii. the mining laws do not employ well and sufficient provisions in protecting environment ?
iii. Nigeria environmental laws lack enforcement on precautionary measures ?
iv. Poor means of enforcement has led to impracticable of sustainable development in Nigeria ?.
1.6 Scope of the Study
This study focuses to determine and analyze critically implementation and enforcement of environmental laws and the protection of mining areas in Nigeria; and research further reasons for poor and or non enforcement of environmental laws in Nigeria. This study will also find out possible means of putting into practical enforcement mechanisms of international environmental laws in Nigeria. This study will further determine implementation of the best practice principle in environmental management in mining industry. Hence, this study shall be delimited to legal practitioners, authorities in mining sector and people having responsibility of environmental protection in Ikeja, Lagos State.
1.7 Limitations of the Study
Like in every human endeavour, the researchers encountered slight constraints while carrying out the study. Insufficient funds tend to impede the efficiency of the researcher in sourcing for the relevant materials, literature, or information and in the process of data collection (internet, questionnaire, and interview), which is why the researcher resorted to a moderate choice of sample size. More so, the researcher will simultaneously engage in this study with other academic work. As a result, the amount of time spent on research will be reduced.
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