CONTENTS ACKNOWLEDGEMENTS PREFACE FOREWORD CHAPTER ONE: HISTORY AND SCOPE OF NIGERIAN ENVIRONMENTAL LAW 1. ii iii v xxvii xxvii xxix xxxi xxxiii

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1 CONTENTS ACKNOWLEDGEMENTS PREFACE FOREWORD Table of Other Primary Legal Sources Nigerian Statutes International Treaties Resolutions and Declarations Other United Nations Reports and Documents ii iii v xxvii xxvii xxix xxxi xxxiii CHAPTER ONE: HISTORY AND SCOPE OF NIGERIAN ENVIRONMENTAL LAW 1 1. Background 1 2. Definition of Key Concepts 5 1. What is the Environment? Eco-centric and Anthropocentric Views on the Environment 5 2. What is Environmental Law? Development of Environmental Law in Nigeria Pre-1988 Environmental Laws and Regulations 14 A. The Kanji Lake National Park Act of B. The Criminal Code Act of C. The Land Use Act of D. The River Basins Development Authorities Act of E. The Endangered Species (Control of International Trade and Traffic) Act of F. The Territorial Waters Act of G. The Exclusive Economic Zone Act of H. The National Water Resources Institute Act of I. The Factories Act of

2 J. Hides and Skins Act of K. The Petroleum Products and Distribution (Anti-Sabotage) Act of L. The Petroleum Act of M. The Oil in Navigable Waters Act of N. The Oil Pipelines Act of O. The Associated Gas Reinjection Act Post-1988 Environmental Law Regulation in Nigeria: The Koko Dumping Incident as a Turning Point Post-1988 Environmental Laws 30 A. The Harmful Waste (Special Criminal Provision) Decree 42 of B. The Federal Environmental Protection Agency Act 9 FEPA Act ) (Now repealed) 31 C. The National Environmental Standards Regulatory and Enforcement Agency (Establishment) Act of D. The Environmental Impact Assessment Act of E. The Nigerian Urban and Regional Planning Act 37 F. The Hydrocarbon Oil Refineries Act 38 G. The Sea Fisheries Act of H. The Inland Fisheries Act of I. National Oil Spill Detection and Response Agency (Establishment) Act J. Nuclear Safety and Radiation Protection Act of K. The Nigerian Mining Corporation Act 40 L. The Quarantine Act 40 M. The Agriculture (Control of Importation) Act 40 N. The Animal Disease (Control) Act of

3 O. The Civil Aviation (Repeal and Reenactment) Act of P. The Water Resources Act of Q. The Federal National Parks Act of R. The Niger-Delta Development Commission (Establishment) Act ( NDDC Act ) of The Evolution of the National Policy on the Environment Conclusion 45 CHAPTER TWO: SOURCES OF NIGERIAN ENVIRONMENTAL LAW Introduction Sources of Nigeria s Environmental Law International Law History of International Environmental Law Sources of International Law on the Environment 53 A. International Conventions/Treaties 53 B. Customary International Law 56 C. General Principles of Law 58 D. Judicial Decisions and Teachings of Highly Qualified Publicists 62 E. Other Sources of International Law Application of International Environmental Law in Nigeria Common Law as a Source of Nigerian Environmental Law Negligence Nuisance Trespass Strict Liability Nigerian Statutes and Laws The Constitution of the Federal Republic of Nigeria

4 2. National Environmental Standards and Regulations Enforcement Agency (Establishment) Act (NESREA) Case Law The Social and Economic Rights Action Centre and the Centre for Economic and Social Rights v Nigeria Gbemre v Shell Petroleum and Development Company Ltd Umudje v Shell B.P. Petroleum Development Company of Nigeria Adediran & Anor v Interland Transport Ltd Braide v Adoki Abiola v Ijoma Conclusion 76 CHAPTER THREE: LAW ON AIR POLLUTION AND CONTROL Introduction What is Air Pollution The International Legal Framework for the Prevention and Regulation of Air Pollution Transboundary Air Pollution The 1979 Geneva Convention on Long-range Transboundary Air Pollution ( the LRTAP or the Convention ) The Stockholm Convention on Persistent Organic Pollutants (POP Convention) Protection of the Ozone Layer The Vienna Convention on the Protection of the Ozone Layer ( the 1985 Convention ) The Montreal Protocol on Substances that Deplete the Ozone Layer Climate Change The United Nations Framework Convention on Climate Change ( UNFCCC ) 89

5 2. The Kyoto Protocol to the United Nations Framework Convention on Climate Change ( Kyoto Protocol ) African Regional Initiatives to Address Air Pollution The West and Central Africa Regional Framework Agreement on Air Pollution ( the Abidjan Agreement of 2009 ) Domestic Application of International Law on Air Pollution in Nigeria and the Nigerian Legislation on Air Pollution Control Domestication and Application of International Treaties Provisions of the National Environmental Standards and Regulations Enforcement Agency (Establishment) Act 2007 ( NESREA Act ) and its regulations The Environmental Guidelines and Standards for the Petroleum Industry in Nigeria ( EGASPIN ) Conclusion 103 CHAPTER FOUR: LAW ON WATER POLLUTION AND CONTROL Introduction: Meaning, Nature and Categories of Water Pollution Marine Pollution The International Framework on the Regulation of Marine Pollution The United Nations Convention on the Law of the Sea ( UNCLOS ) The International Convention for the Prevention of Pollution from Ships 1973/78 ( MARPOL ) Protocols to the MARPOL Convention Pollution of Freshwater Sources General International Declarations and Resolutions on the Right to Water The 1997 United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses ( International Watercourses Convention ) Domestic Application of International Law and Nigerian 118

6 Laws that Regulate Marine and Freshwater Pollution 1. Domestication and Application of International Treaties on Water Provisions of the National Environmental Standards and Regulations Enforcement Agency (Establishment) Act 2007 ( NESREA Act ) and its regulations The Territorial Waters Act of The Oil in Navigable Waters Act of The Water Resources Act of International Convention for the Prevention of Pollution from Ships 1973, 1978 and Protocol (Ratification and Enforcement) Act Conclusion 127 CHAPTER FIVE: LAW ON CHEMICALS AND HAZARDOUS WASTES Introduction What are Hazardous Wastes? Historical Reasons and Need for Regulation The International Framework for the Regulation of Hazardous The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal ( the Basel Convention ) The Rotterdam Convention on Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade ( the Rotterdam PIC Convention ) Africa s Regional Initiatives on Regulations of Transboundary Movement of Hazardous Wastes The Bamako Convention on the Ban of the Import Into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa ( The Bamako Convention ) Domestic Application of International Law and Nigerian Laws that Regulate Hazardous Wastes Freshwater Pollution Domestic Application in Nigeria The Harmful Waste (Special Criminal Provision) Decree 141

7 42 of The National Environmental Standards and Regulations Enforcement Agency (Establishment) Act 2007 ( NESREA Act ) The Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (Ratification and Enforcement) Act of Conclusion 143 CHAPTER SIX: ENVIRONMENTAL PROBLEMS IN THE NIGER DELTA Introduction Oil Production in the Niger Delta Sources and Impacts of Environmental Challenges in the Niger Delta Oil Spillage 148 A. Environmental Impacts of Oil Spills 149 B. Loss of Business Profits and Subsistence Rights 151 C. Forced Displacements and Loss of Property 153 D. Health Risks 154 E. Loss of Life and Wrongful Deaths 155 F. International Liability Issues 156 G. Clean-up Obligations and Costs Gas Related Pollution: Gas Flaring Effluent and Waste Discharges Laws and Institutions for Environmental Protection in the Niger Delta General Environmental Laws Applicable to the Niger Delta 163 A. The Constitution of the Federal Republic of Nigeria B. The Petroleum Act 1969 and its Regulations 163 C. The Environmental Guidelines For the Petroleum Industry in Nigeria ( EGASPIN ) 164 D. National Environmental Standards and 165

8 Regulations Enforcement Agency (Establishment) Act (NESREA) E. The Environmental Impact Assessment Act 166 F. The Petroleum Industry Bill, 2012 ( PIB ) Laws that Specifically Address the Environmental and Developmental Challenges of the Niger Delta 169 A. The Repealed Oil Mineral Producing Area Development Commission Act of 1992 ( OMPADEC Act ) 169 B. The Niger Delta Development Commission Act of 2000 ( NDDC Act ) 170 C. National Oil Spill Detection and Response Agency (Establishment) Act 2006 ( NOSDRA Act ) Regulatory Institutions 172 A. The Federal Ministry of the Environment (MOE) 172 B. National Environmental Standards and Enforcement Agency (NESREA) 172 C. The Nigerian National Petroleum Corporation (NNPC) 173 D. The Ministry of Petroleum Resources 173 E. The Department of Petroleum Resources 173 F. The Department of Gas Conclusion 175 CHAPTER SEVEN: INTRODUCTION TO THE ENVIRONMENTAL PLANNING PROCESS Introduction Environmental Impact Assessment Some Basic Features of Environmental Impact Assessments International Framework on Environmental Impact Assessment 179 A. United Nations Environment Program Goals and Principles of Environmental Impact Assessments 181 B. The Convention on Environmental Impact Assessment in a Transboundary Context ( the Espoo Convention ) 181

9 3. Environmental Impact Assessment in Nigeria 186 A. The Environmental Impact Assessment Act ( EIA Act ) 186 B. The Environmental Guidelines and Standards for the Petroleum Industry in Nigeria ( EGASPIN ) Conclusion 193 CHAPTER EIGHT: ENVIRONMENTAL RIGHTS IN NIGERIA: PIOUS WISHES OR A REALITY? Introduction The Concept of Environmental Rights Constitutionalizing Environmental Rights International Framework on Human and Environmental Rights Human Rights Instruments 206 A. The Universal Declaration of Human Rights of B. The International Covenant on Civil and Political Rights 207 C. International Covenant on Economic, Social and Cultural Rights 208 D. The Draft Declaration of Principles on Human Rights and the Environment ( 1994 Draft Declaration ) 209 E. The Convention on the Rights of the Child Environmental Law Instruments 211 A. Stockholm Declaration on the Human Environment 211 B. Rio Declaration on Environment and Development 211 C World Charter for Nature ( WCN 1982 ) 212 D. The Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters of 1998 ( the Aarhus Convention ) The African and Nigerian Framework on Human and Environmental Rights The African Charter on Human and Peoples Rights 215

10 2. Domestic Application in Nigeria Conclusion 217 CHAPTER NINE: INTERNATIONAL ENVIRONMENTAL LAW Introduction Development of Multilateral Environmental Agreements ( MEAs ) Fundamental Principles of International Environmental Law Principle of Cooperation Common but Differentiated Responsibility Principle (CBDR) Principle of Prevention Precautionary Principle The Polluter-Pays Principle (PPP) Environmental Governance 233 A. Access to Information (ATI) 236 B. Public Participation 239 C. Access to Justice Other Global Environmental Issues Desertification 243 A. The United Nations Convention to Combat Desertification in Countries Experiencing Serious Drought/and or Desertification, particularly in Africa ( the Drought Convention ) Biodiversity and Conservation of Species 248 A. The Convention on Biological Diversity ( CBD ) 251 B. The Cartagena Protocol on Biosafety to the Convention on Biological Diversity ( the Cartagena Protocol ) 256 C. The Nagoya Protocol on Access and Benefit Sharing to the Convention on Biological Diversity ( the Nagoya Protocol ) Wetlands 259 A. The Convention on Wetlands of International 259

11 Importance especially as Waterfowl Habitat (the Ramsar Convention) 4. Migratory Species 261 A. The Convention on the Conservation of Migratory Species of Wild Animals ( the Bonn Convention ) Endangered Species 262 A. The Convention on International Trade in Endangered Species of Wild Fauna and Flora ( CITES ) Protection of Cultural Heritage 266 A. The UNESCO Convention for the Protection of the World Cultural and Natural Heritage ( the World Heritage Convention ) International Environmental Institutions and Structures United Nations Environment Program ( UNEP ) Non Governmental Organizations ( NGOs ) Conclusion 273 CHAPTER TEN: FUTURE OF ENVIRONMENTAL LAWS AND REGULATIONS IN NIGERIA: TOWARDS A GREEN ECONOMY Introduction The Green Economy Paradigm: A Background Importance of a Green Economy : No Longer an Option but a Necessity Aspects of the Green Economy Renewable Energy Green Buildings Green Transportation Water Management Sustainable Waste Management Legal and Institutional Pathways to a Green Economy in Nigeria Construction of a Coherent National Energy Reform Policy Removing Barriers to Technology Transfer and Investments 289

12 3. Fostering Intergovernmental Linkages and Coordination Monitoring, Evaluation and Adjustment Promoting Research and Development Conclusion 293 APPENDIX: The National Environmental Standards Regulatory and Enforcement Agency (Establishment) Act of INDEX 316