ENVIRONMENTAL POLICY AND LAW
Key concepts:
Policy: Oxford dictionary “a course or principle of action adopted or proposed by an organization or individual”. An agreed documented statement of position towards the environment.
Law: body of principles or rules recognized and applied by a community or state to regulate behavior and govern justice.
Protocol: the official procedure or system of rules governing affairs of state or diplomatic relations
Treaties: agreements under international law entered into by actors in international law
Convention: agreement reached at the end of an international meeting
Generic principles of environmental policy and law
The polluter pays principle
The preventative approach
The precautionary principle
Best available techniques (BAT)
Producer responsibility
Lifecycle thinking
Best practicable environmental option (BPEO)
Environmental Law
Environmental law is the body of laws that seek to protect or enhance the environment.
Two main types of law in Nigeria
Civil: concerned with competing private interests and obligations and abounds mostly in unwritten or judge-made laws
Criminal: seeks to protect the interest of the public at large by punishing certain conducts which are believed to be harmful to the society.
Sources of law
Common law: is law that has been developed on the basis of preceding rulings by judges.
Statute/Statutory law: written law as decided by the legislature or other government agency.
The main differences are how the laws are created and the basis of challenges
Nigerian environmental law
History
virtually non-existent to the recent enactment of twenty-four environmental regulations.
1917 the Public Health Act 9 (relevance in the regulation of land, air and water pollution).
Oil Pipelines Act 1956
Oil in Navigable Waters Act 1968
Petroleum Act 1969
Sources of current Nigerian environmental law
International law: International law is an important source of environmental law
Many conferences, conventions, treaties and protocols have been initiated to protect the world environment.
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