THE IMPACT OF MAKING ENVIRONMENTAL LAW: THE POLITICS OF PROTECTING THE EARTH

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

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:

i. 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.