ENVIRONMENTAL PROTECTION LAW

Abstract

There are certain aspect of our day to day activities that are taken for granted, for example our environment and its protection. International and national bodies had to intervene one way or the order to protect the environment from harm and abuse. This article will introduce readers to Environmental protection law by giving definitions of environment and explanation of environmental law. It will also give the sources of Environmental protection law, diving into international law and local enactments of states. The purpose of this article is to give a summary exposure and a brief introduction of the concept to those who are new to the concept and a further explanation to those who are already familiar with the concept.

Introduction

Existing Laws have been seen to not be sufficient enough to cover the protection of the environment. International organisations and local authorities of several countries have developed, treaties, conventions, Acts and laws to cover the protection and sustenance of the Environment. Environmental law is the law that generally protects the environment. It encompasses a body of statutes, treaties, conventions, regulations and even policies that are designed to protect the natural environment and manage the impact of human activities on ecosystems and the natural resources, such as forests, minerals, or fisheries. Environmental law has come in a bid to give legal backing to  the protection of the environment and safe guard the day to day running of individuals and the health of the people of the society.

The Environment and Environmental Law

An environment is defined as the natural world in which people, animals, and plants live, or the conditions in which a person, animal, or plant lives or operates.[1] the environment comprises of both the living and non-living elements and how their activities affect or influence life and living. In simpler terms, the environment is the physical embodiment of the lives of the living and the existences of the non-living elements and its sustainability. The environment has been defined as the complex of physical, chemical and biotic factors(like climate, soil, and living things) that influences an organism or ecological community, ultimately determining its form and survival.[2]

Environmental Law is a foundation for environmental sustainability. Environmental protection Law has been viewed as a crucial part of achieving sustainable development. [3] It encompasses all legal instrument aimed at the protection of the environment, the human health and even natural resources.  It is a framework that inputs the needs of the environment with the rule of law, while ensuring accountability, fairness and harbouring respect for the environmental rights and obligations. Environmental protection law provides a strong foundation for sustainable development by ensuring that human activities and development are conducted in such a way that reduces the damages done to the environment and promotes long-term ecological health.

Sources of Environmental Protection Law

Environmental protection law does not have wide or vast sources. The main sources of environmental protection law are:

• International laws
• National Legislation

International Law

The traditional legal order of the environment was essentially a laissez faire system oriented towards the unfettered freedom of states. There was no distinct body of environmental Law with its own sources and methods of law making deriving from principles generated by classical international Law and its sources.[4] The first and most popular case on environmental law, that paved the way for the development of environmental protection law is the Trail Smelter Arbitration case.

The Trail Smelter arbitration (united states v. canada), 3 R.I.A.A. 1905(1941), 33 A.J.I.L. 182(1939) established the principle of international law that states have a duty not to cause harm to the environment of other states.

In the case, the Canadian consolidated mining and smelting company limited operated a zinc and lead smelter in Trail, British Columbia, Canada, near the US-Canada border. The smelter’s sulphur dioxide emissions caused significant environmental damage to the Columbia River valley in Washington state, USA, affecting agriculture, forestry, and cattle grazing.

The US Government received complaints from farmers, ranchers, and other affected parties, leading to formal diplomatic protests to Canada. The US and Canada engaged in negotiations to resolve the issue, but they were unsuccessful. They then agreed to establish the International Joint Commission (IJC) to investigate the matter and make recommendations.

The issues for determination were

1. Whether the smelter’s emissions had caused damage t the US territory
2. Whether Canada was responsible for the damage caused by the smelter
3. Whether the smelter should be required to restrict its emissions
4. Whether compensation should be paid to the US for the damage caused.

The court had to use some certain principles of international Law to determine the matter. Such principles are: Principle of sovereignty which shows that states have supreme authority within their territory,[5] the principle of territorial integrity which prohibits states from causing harm to the territory of another state,[6] the principle of state responsibility which holds the state responsible for  the damages caused by their actions or omissions, [7] the polluter pays principle and the principle of good neighbourliness.

The tribunal’s decision was guided by the above principles of international law. The tribunal held that Canada was responsible for the damage caused by the smelter’s emissions and ordered Canada to pay $78,000 in compensation to the US for the damage caused between 1932 and 1937. The tribunal also established regulations to limit the smelter’s sulphur dioxide emissions, including the installation of the instruments to monitor emissions and the creation of a chart to determine acceptable emission level.

International environmental Law therefore simply means the corpus of international principles relevant to environmental issues. International environmental law, which was formed from the various principles of international law has now dominated the scene of environmental protection in various states. However, these states have begin to formulate statutes to cover the aspect of environmental protection in their own vicinity.

National Legislations

Overtime, states have formulated their own environmental protection laws and  statutes. A specific example of this, is the environmental protection law applicable to Nigeria. In Nigeria, there are two main laws for the protection of environment, which are; the constitution and the National Environmental Standards and Regulations Enforcement Agency Act.[8] The Nigerian constitution[9] has some existing provisions that impliedly or expressly covers the protection of the environment. It provides that the state shall protect and improve the environment and safe guard the water, air, and land forest and wildlife of Nigeria.[10] Section 11[11] of the same chapter, makes provision for the legislature at the federal and state level respectively to make laws in respect to the maintenance and securing of public safety and public order….[12]

The NESREA Act was formerly known as the Federal Environmental Protection Act (FEPA). It was enacted as a result of the first conference on environmental issues in Nigeria held in September 1988. the FEPA decree was established with a view to establish the basic institutional machinery for environmental management in Nigeria. The FEPA decree was the statutory threshold of a national policy on environmental protection in Nigerian, now it has been re-enacted as the National Environmental Standard and Regulations Enforcement Agency Act and it is still the main legislation that regulates the protection of environment in Nigeria.

Similar statutes and Laws have been enacted in other countries to  regulate the protection of the Environment at state level in such countries.

Conclusion

Environmental law is characterised by mostly, treaties, conventions, statutes and policies that are designed to protect the environment. It is the type of law that takes into consideration, the standard of life of the living and the role of the non-living elements in the sustenance of the environment. With the definitions of the environment and environmental law with the sources of environmental protection law, this article has briefly introduced the concept of Environmental Law to readers.

Reference(S):

[1] Oxford learners’ dictionary.

[2] United Nations.

[3] United Nations Environment Programme (UNEP).

[4] Prof.  Jonathan Ehusani (notes on Environmental Protection Law) 2025.

[5] The Island of Palma’s case 1928.

[6] The Fur Seal Arbitration 1893.

[7] North Atlantic Fisheries case 1910.

[8] NESREA Act.

[9] 1999 as amended.

[10] Section 20 (chapter 2).

[11] 1&2.

[12] A.G of Ogun state v. A.G Federation 1983 3 NCLR 166 at 179.