ENVIRONMENTAL
LAW AND POLICY
.
INTRODUCTION
More than ever before, the debate on Environment
has assumed phenomenal importance at the global, national and local
levels. No longer, for instance, is it
taken that the natural resources of mother earth are infinite and incapable of
being exhausted. Looking back at the earlier part of the twentieth century, we
can steadily recall all that have brought about the comprehensive deterioration
in the state of our environment. Top in
the list is mankind's wasteful exploitation of natural resources. We can also talk of extensive pollution of
the air, water, and land, the release of contaminants into the environment,
extensive distortion and destruction of our food chain, ill-advised intrusions
on the ecosystem among several others.Although the geographic distribution of
the unfavorable impact of the above highlighted events varies from district to
district and country to country, there is a general consensus that they have
greatly contributed to a reduction in human life expectancy. Equally, they have decreased biodiversity and
taken their toll on the genetic reserve of economically important wild plant
and animal species. ecosystems and the global economy in general.
Several
issues have been identified as the root of the above interrelated threats
facing our ~environment. From Stockholm
in 1972 to the Brundtland Report of 1987 and the Earth Summit of 1992 (which
resulted in the Rio Declaration), thecommon grounds especially as they affect
developing countries are that environmental awareness is low; there is a lack
of integrated monitoring and information systems; coupled with limited and
inadequately developed municipal administrative systems. In order to mitigate against these defects,
different countries have introduced varying measures. All these have centered on the establishment
of or extensive revision of environmental laws, and the promotion of polices
taken can aid effective management of the environment. Since issues on the
environment will always remain complex while the responsibilities will continue
to be divided, there must always be an over-view of the environmental situation
from time to time to enable for the formulation ofappropriate strategies. This is what the Law Centre of the Faculty of
Law Lagos State University in collaboration with Shell Petroleum Development
Company Nigeria Limited have sought to achieve with the International
Conference on Environmental Law and Policy.
The idea of this book took shape after that conference was held between
19th and 21st March, 1997The contributors of the 25 chapters of this book have
identified and explored some, but by no means all, of the salient issues
fundamental to achieving permanent sustainable development in the
socio-economic and environmental conditions in which we have found ourselves as
we transit into the 21st century. In
accordance with the theme of the Conference "Towards a Flexible, Efficient
and Effective Environmental Strategy in the 21st Century", each of the
contributors have reflected how short-term and medium-term objectives can be
made the basis for achieving general long-term strategic objectives.Given the
varied background of the contributors, their expertise and exposure,they have approached
the issues from different perspectives using substantially different
styles. By and large, however, there is
unanimity of conclusion on several points, among which are:(i) that our generation bears a responsibility
to future generations;(ii) that the
state of the environment is a reflection of the state of the economy and
vice-versa;(iii) the need for a
parallel shift in focus from consequences to causes;(iv) the need for active implementation and
enforcement of national environmental policy in all areas of the economy and in
the service sector;(v) that polluters
have primary responsibility in eliminating environmental damage for which they
are responsible notwithstanding the reciprocal nature in the overall scheme of
the environment;(vi) the continuous need
for assessment of the effect and impact of disruptions of nature on human
health, other living organisms, irreplaceable natural and cultural heritage,
non-renewable resources and the possibilities for more rational use of
renewable resources;(vii) an
understanding of the socio-cultural set-up of each and every community inthe
formulation of solutions to their environmental problems; (viii) the need to
pool financial and non-financial resources for regional co-operation;
and(ix) the need to respect life in all
its forms and for all natural and cultural values. Taking a cue from Professor
Philippe Sands in the book "Greening InternationalLaw", we hasten to
add that each contributor is responsible for the content of hisor her contribution.
Similarly, each chapter tells its own
tale, and must be considered in the context of the particular social, economic,
political and legal contexts inwhich it is situated. The 25 chapters of this
book constitute the basis for the environmental Orientation of the society and
for national environmental policy in a way that will flexibly and effectively
canonize human activities with nature for the preservation of our
environment. The chapters have been
divided into six parts, namely, Chapters I,2, 3, 4, 5, 6 and 7 under
Environmental Policy Making; Chapters 8, 9, 10, 11 and12 focused on
Environmental Litigation; Chapters 13, 14 and 15 centered on Environmental Law
andEnforcement; Chapters 16, 17 and 18 examines Environmental Law and
Development; Chapters 19, 20, 21 and 22 explores issues relating to Pollution
and Environmental Regulation; while Chapters 23, 24 and 25 address
Environmental Law and Corporate Activities.The division into parts should not
be seen as reflecting the distinct characters of the Chapters. For instance, Chapter's 22 and 25 both have
abearing on International Law and the Marine Environment, yet, they fall under
separate parts. The idea simply is to
enable readers draw out principles and conclusions as might be relevant under
the different parts.While we acknowledge the fact that the contributors have
addressed important issues of environmental concern, it is worth noting that
there are several other important issues of environmental concern that have not
been touched. In this regard, we do not
claim that this book has brought the curtain down on Environmental Law and
Policy. Using the words of the Honorable Dr. Olakunle Orojo C. 0. N; 0.F.R.,
former Chairman Nigerian Law Reform Commission in his openingremarks at the
Conference, we can confidently assert, however, that this book has fulfilled
the objective of reflecting Law and Policy as two most potent weapons in the
fight against environmental degradation and for environmental sustenance and
rehabilitation.All said and done, several organizations and persons were
helpful in the organization of the Conference and the eventual publication of
this book. They therefore deserve our
heartfelt thanks. Top on the list is
Shell Petroleum Development Company of Nigeria (the Conference lead sponsor),
and PunchNewspapers Limited for providing funding that helped during the final
stages of this publication. The support of the Vice Chancellor of Lagos State
University, Professor Fatiu AdemolaAkesode and the entire Lagos State
University community particularly the staff ofthe Faculty of Law and Law Centre
deserve our special thanks. Our specialist contributors deserve especial
mention. Their enthusiasm and timely
response in meeting deadlines are what has made it possible for us to serve
this menu, “Environmental Law and Policy."
We are most grateful for the support and active participation of the
Chief Justice of Nigeria, Honorable Justice Muhammadu Uwais, C.O.N., the then
Director-General of FEPA, Dr. Adegoke Adegoroye and all the other dignitaries (special
guests and participants) listed under Appendix II. Your immense and fruitful
contribution in the course of the Conference made our editorial work on the
Conference papers more interesting. The impute of Professor Neil Gunningham,
Director, Australian Centre forEnvironmental Law; Mr. Ladi Williams, S.AN.,
Professor P. A. Okebukola, Director, Centre for Environment and Science
Education; and Professor Jegede, Director, Centre for Research in Distance and
Adult Learning Open University, Hong Kong in the course of putting together
th.is publication is sincerely acknowledged. Same goes to Chief Maxwell Okudoh,
Osa O.A (MS.), Omogboyega John, and the students of the Law Centre.