The Impact Of Making Environmental Law; The Politics Of Protecting The Earth

Project and Seminar Material for Environmental Science

The Impact Of Making Environmental Law; The Politics Of Protecting The Earth


Abstract


The Nigerian federal government first began to consider legislation to protect the environment and natural resources in 1940s. Since that time, Congress and the president have considered and passed numerous environmental policies-laws that serve to protect the quality of the air we breathe, the water we drink, the natural beauty of the land, and the animals that live both on land and in the water.

In Making Environmental Law: The Politics of Protecting the Earth, experienced and accomplished environmental law researcher Nancy E. Marion shows what policies Congress have proposed and passed to protect the environment over time. Each chapter focuses on the members of Congress’s response to a different environmental concern, such as ocean dumping, pesticides, and solid waste.

With “green” awareness now affecting every aspect of our modern world, this text serves as an invaluable reference for students and researchers who need a deeper historical background on the political aspects of these issues.


Chapter One


Introduction

In this work we have been able to provide different rules/laws concerning this different aspects of pollution that will enable study your work and understand the purpose of protecting the earth. Environmental laws are made to protect mankind from extinction. It is also the work of the federal government of Nigeria to help when it comes the oil and gas sector of Nigeria in other to prevent oil spillage to the oceans.

Traditionally, international law has taken a “hands-off” approach to mining. It is a general principle of international law that states have sovereignty that is, supreme, independent political and legal control over their own natural resources just as they do over persons, companies and other entities within their margins. Perhaps the most famous expression of this sovereignty doctrine is Principle 21 of the Stockholm Declaration which states “States have, in accordance with the Charter of the United Nations 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 areas beyond the limits of national jurisdiction.”13This shows that international environment laws have no concern with the protection of the environment in mining within the border of a state. That no enforcement and implementation of the environmental laws in states, despite of the fact that, state is a main subject of the international law. The international law only functions when environmental impacts go outside the border of a state.

However, networked integrated and adaptive approaches to implementation and compliance may be the signature of the emerging generation of environmental law. The first generation of environmental law saw the creation of specialist environmental administrations and the introduction of a suite of laws for them to administer on environmental impact assessment, pollution control, wilderness conservation and threatened species conservation.

This was the generation of the 1972 Stockholm Conference on the Human Environment. The second generation of environmental law shift in focus to sustainable development, reflecting the increased participation of developing countries in international diplomatic initiatives on the environment. It signified attention to it ecosystem problems such as climate, biodiversity, desertification, and to international trade of harmful substances into developing countries, such as chemicals and hazardous waste. This was the generation of the 1992 Rio Conference on Environment and Development. The objectives established around these two global miles tones in environmental protection are still in the process of implementation. The last 40 years have seen an impressive number of agreements and undertakings that many, if not most, countries have signed up to and have committed to implementing nationally.

On the other hand, the formation of the United Nations in 1945 established freedom of the individual and to the preservation of the rights of individual sovereign nations.

Declarations of common to nations were identified as international treaties and accorded special significance under the Vienna Convention.17When treaties ratified by signatory nations, treaties entered as law, as customary international law, or as domestic law of individual countries in the manner decreed by that country‘s constitution. Notwithstanding, treaties were between sovereign states and enforcement mechanisms were slow and cumbersome for mining related activities are rarely implemented.

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 it seen in principle 21 of the Stockholm declaration it suggests environmental degradation in mining areas is the result of the nature of international law which show less concern in mineral activities in a border of a state. This shows that protection of environment in mining areas is possible through domestic environmental laws.


1.2 Statement of the Problem

Nigeria proves poor mechanisms of environmental protection in mining areas, for the reasons of poor implementation and enforcement of the existing environmental laws.

Poor mechanism in implementation and enforcement of the laws in mining areas is shown clearly in section 52 of the mining Act of 2010.19 The law does not show enforcement of the laws and how the laws are going to be implemented to assure environmental protection. The said section in the Mining Act, 2010 provides mining activities should be done in a manner to ensure environmental protection in accordance with the Environment Management Act No 20 of 2004. But there is no enabling provision in the Act to make enforcement of these laws.

Part II, Section 8 of the Environment Management Act, No 20 of 2004 states obligation to give effect to environmental principles. This obligation is given to a person performing a public function to implement principles of environment management. Construing the intention of the law maker, this section covers to various authorities these include inter alia Courts and environmental tribunal. The said section states that obligation but no enabling provisions in the EMA to make enforcement and implementation of what is stated in the said provision. That, the section emphasis of sustainable management of natural resources that including minerals but poor enforcement and implementation of what is stated make no sustainable management of natural resources, hence the country still facing massive environmental degradation in mining areas. Section 72 of the Environment Management Act, No 20 of 2004 requires land users and occupiers to make improvement and nourishment of the land, and for using it in an environmentally sustainable manner as may be prescribed by the Minister. Section 171 (1) a to g and subsection 2 of the EMA states mandatory requirement to the Commissioner for Minerals through Sector Environmental Coordinator for mining to forward to the Council as public records, different copies of the documents so as the Director of the environment may give directive in consultation with the Commissioner for mineral sector pertaining to the implementation of the provisions on environmental management falling under the Mining Act, 1998. The only problem lacking is provisions to make enforcement and implementation of what the law states.

The international laws, especially that of treaty origin is self-enforcing and that compliance is achieved because it is the interest of the parties to do so. There is, he said,no standing body of international law enforcement officers,‖ despite pressures for its establishment.20 Typically, these mining related treaties use very general language, lack of adequate enforcement regimes. This suggests that international law does not have enforcement mechanisms. Most of enforcement of international law is not done through enforcement mechanism institutions; therefore acts of enforcement are less visible at the international level than at the domestic level, then it is at the state expense to deal effectively with the problems emerging on their environment without relying on the enforcement from international community. In addition, international law is not enforced as often as domestic law.


1.3 Objectives of the Research

General objective

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
  1. 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.
  2. To find possible means of putting into practical enforcement mechanisms of international environmental laws in Nigeria.
  3. 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:

  1. Is the enforcement and implementation of environmental laws in Nigeria is weak to protect mining areas ?
  2. The mining laws do not employ well and sufficient provisions in protecting environment ?
  3. Nigeria environmental laws lack enforcement on precautionary measures ?
  4. 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 implementationof 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.


Chapter Five


Summary, Conclusions and Recommendations

5.1 Introduction

This chapter summarizes the findings on the impact of making environmental law: the politics of protecting the earth. The chapter consists of summary of the study, conclusions, and recommendations.


5.2 Summary of the Study

In this study, our focus was on the impact of making environmental law: the politics of protecting the earth. The study is was specifically 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.

The study adopted the survey research design and randomly enrolled participants in the study. A total of 100 responses were validated from the enrolled participants where all respondent are legal practitioners, authorities in mining sector and people having responsibility of environmental protection.


5.3 Conclusions

With respect to the analysis and the findings of this study, the following conclusions emerged;

After critical analysis of the nature of the research problem, it is concluded that, environmental laws in Tanzania do not have control mechanisms sufficiently to assure effective enforcement and implementation of various environmental laws that is to say both municipal laws and international treaties accorded by Tanzania. That is, there are no enabling provisions in the Tanzania laws concern to environmental protection, which could make effective enforcement and implementation of environmental laws in Tanzania. The findings show that for environmental legislation in mining, ―the prob- lems that limit effective enforcement of the regulations are a result of the weaknesses inherent within the legislation itself, and those associated with the system responsible for its execution189.

Likewise, it is further concluded that, Mining Act, 2010 does not put much concern on the environmental protection rather than encouraging mining activities which cause adverse impact on the environment. The Act does not include sufficient provisions to ensure that the activities of mining are not cause harm to the environment.
Further, the study proves that in Nigeria there is lack effective enforcement of environmental legislation. The administrative and political will of the enforcement agencies and the level of awareness of environmental laws to majority of Tanzanians is very poor. This unawareness is caused inter alia with the weakness of the government officials responsible in environmental matters, their fail to give public education on environmental matters, also the constitution of the country is not open to environmental rights and even environmental management is poor in term of executing its responsibilities, despite of the fact that no healthy environment no life at all as life depends on healthy environment.


Get Complete Project Material

5,000 5000

The Complete Material Will Be Sent to You in Just 2 Steps

Quick & Simple…


Step One Purchase

Make Payment (Through Transfer) of ₦5,000 to the Account Below

Zenith BankAcc No: 1225513212
Samphina Academy
Current Account

Or CLICK HERE To Pay With Debit Card


FOR STUDENTS OUTSIDE NIGERIA
CLICK HERE To Purchase Material ($15)

Step Two Purchase

Send the Following Details on WhatsApp ( 08143831497) After Payment

  1. Payment Details

  2. TOPIC: The Impact Of Making Environmental Law; The Politics Of Protecting The Earth

The Complete Material Will Be Sent To You On WhatsApp After Receiving Your Details
T & C Apply


  Contact Our Help Desk


Need a Different Topic? Perform a Quick Search



List of Related Works

Click on Any Topic to Preview the Content


Frequently Asked Questions


What are the laws of environmental policy?

There are not “laws” as such, but general trends in environmental policy for business, guidance by industry regulators, change fueled by expectations from customers, or agreements between governments or good practice that are not legally binding but for the common good. They concern many aspects not already covered in previous sections.

What is the other side of the Environmental Law debate?

The other side of the debate is that current industry regulations and legislation are insufficient. Both sides regularly hold conferences to discuss aspects of environmental law and how they should go about getting them changed in their favor.

What are the rules to ensure environmental protection?

There are certain rules that have been framed in pursuance of the Environment (Protection) Act, 1986, in order to ensure environmental protection, these rules are: Since every human activity affects the environment, it is important to synchronize the activities imperative for development with the ever increasing environmental concerns.

What is environmental law?

These laws are also referred to as environmental and natural resource laws and center on the idea of environmental pollution. In addition to this issue, environmental law works to manage specific natural resources and environmental impact assessment.

Why are environmental protection laws important?

Environmental protection laws are in place to reduce some of the issues mentioned above such as protecting our health, but also to mitigate potential future costs of addressing them. This is an issue where prevention is better than cure.

How can the public be engaged with environmental law?

The first and most visible way in which the public is aware of and engaged with environmental law is pollution. Some of the world’s earliest environmental laws concern the protection of our environment from polluting materials and, by extension, aim to improve public health.

What is the National Environmental Policy Act?

National Environmental Policy Act: Coming into force in 1969 (one year before EPA’s foundation) NEPA requires Federal government administrations consider the potential environmental consequences before engaging in any Federal government action that might have an environmental impact. 

samphina.academy

Samphina Academy

Samphina Academy is an Online Educational Resource Center that is aimed at providing students with quality information and materials to aid them in succeeding in their academic pursuit.