Economic Based Approach to Environmental Regulation as a Panacea to Effective Environmental Management in Nigeria

Nigeria has an array of environmental protection legislation and regulations. However, their provisions have not resulted in environmentally cleaner behaviour, technologies or products, nor have they resulted in green development or an environment that is free from abuse and dislocation. It is therefore our belief that current legal mechanism have failed to provide adequate economic incentives to limit activities, which are environmentally damaging and therefore unable to achieve their environmental objectives. This paper advocates for a paradigm shift to economic based regulation as a means of achieving optimum environmental protection in Nigeria. It traces the inherent provisions in Nigerian Environmental Laws that have contributed to their failure to elicit the required environmental protection compliance and recommends the needed shift in environmental regulation to elicit appropriate environmental protection compliance from players and participants alike to avoid continued environmental spoliation. Keywords: economic approach, environment, environmental protection, legal regime, regulatio

Litigating Loss and Damage as a Panacea for Abatement of Climate Change

In this era of pursuit of sustainable development climate change has been recognized as a global threat as it transcends boundaries in its causes and effects. Much of the aggravated increases in global climate are attributable to human activities. It becomes imperative that change in human behaviour and consequently control of such aggravating factors can safely be achieved through law and legal regulation. Climate change litigation is, in large part, a multi-pronged attempt by individuals, groups, non-governmental organizations (NGOs) and governments, to use the instrumentalities of the court to pressurize industrial greenhouse gas emitters and the government to reduce or regulate greenhouse gas emission. This paper advocates that the judiciary can be an appropriate forum for resolving issues surrounding the harm caused by global warming and climate change. It examines the rationale as well as the prospects of using the judiciary as a means of achieving a sustainable management of the climate system. It proffers strategies that will make litigation a viable option in abatement of climate change and in the resolution of disputes arising from the impact of global climate change. The concludes that  an effective climate change advocacy demands for legal practitioners, environmental consultants and regulatory personnel who are competent, sufficiently well-informed and motivated to drive both the spirit and letter of the policies and other legal instruments through the court system. Key words: litigation; loss and damage; abatement; judiciary; sustainable development; greenhouse gas emitters

Legal and Policy Responses to Climate Change-induced Migration and Conflict: Insights from Nigeria

Nigeria has witnessed dramatic climate change impacts in recent years resulting in droughts and desertification in several northern states with fast receding grassland vegetation. This has induced migration especially by pastoral farmers from the semi-arid agro-ecological zones down south towards the Benue trough in search of lush green vegetation for their herds. The result is frequent strife and conflict between these nomadic groups and the sedentary farming communities in the rich Benue River Basin trough, resulting in loss of lives and properties. In recent years, the conflicts have assumed diverse political, religious and socio-cultural dimensions. Using an in-depth desk review of extant literature and policy documents, this paper appraises the policy and regulatory responses to these crises juxtaposing it with climate change mitigation and adaptation measures in Nigeria. We posit that the major causes of conflicts revolve around land ownership for settlement, grazing and farming; that the conflict has assumed ethno-religious colorations with great impact on the socio-economic wellbeing of the inhabitants and migrants. We realize that migration is a form of local level adaptation measure and conflict a directional reaction to these adaptation manifestations which need to be addressed holistically, and therefore propose  a comprehensive, all-engaging approach to dealing with this problem by recognizing the cause and effect of this migration and conflict which is climate change. This will inform policy and strategic interventions to address the underlying causes (climate change), and not just the manifestations (migration and conflict). Keywords: Temperature changes, pastoralism, Farmers, Herdsmen, Desertification DOI: 10.7176/JLPG/99-01 Publication date:July 31st 202

International Liability Schemes and Claims in Climate Change Litigation

Sources of claims in climate change litigation may easily be identified under substantive public international law. However, when it comes to following procedure that should result in realising such a claim, the process is a frustrating one for potential litigants. The issue of state responsibility in public international law has to be balanced against the sovereign right of a state to conduct itself in any way it pleases within its own territory. This is added to the fact that the current structure of international law is replete with a number of obstacles that may prevent victims of climate change impact from obtaining justice against greenhouse gas emitters. Thus, the current structure of international law makes it unlikely for victims of climate change to find justice through international dimensions. International dimensions in this paper denote all procedures designed to help victims of climate change impact challenge greenhouse gas emitters, regardless of whether the proceedings will produce a legally binding decision or not. Striking the right balance would require litigants to be able to make claims before an international tribunal that possesses the jurisdiction to entertain claims against states and other non-state entities. This article identifies such forums and analyzes its effectiveness in litigating claims against states that fail to comply with policies and measures that seek to mitigate climate change, such as reducing greenhouse gas emission. While such mechanisms exist, their effectiveness in dealing with violators may be unsuccessful, thus the need to set out an international liability scheme for claims in climate change litigation where claims for loss and damage are in issue. Key words: climate change litigation; claims under climate change; public international law; international liability scheme; loss and damage

Overcoming Barriers to Claims for Loss and Damage in Climate Change Litigation

The issue of climate change is now a familiar one. Most academics and other affiliated fields agree that climate change is or should become a mainstream issue. There is currently a lot of pressure on governments to take it seriously and legislate against actions that cause climate change. The extent to which this is in fact possible is currently debatable. Legal mechanisms are arguably at an embryonic stage. Therefore, it has become necessary to suggest the means in which loss and damage from climate change can be litigated in domestic courts and at the international level, knowing that the impact of climate change cuts through international boundaries. This issue can no longer be left to interstate diplomacy which has so far been unsuccessful in effectively tackling this matter. Litigating loss and damage against impacts caused by climate change therefore appears to be an attractive alternative and possible avenue to galvanizing greenhouse gas emitters to cut their emissions knowing that there may be some legal consequences if they renege on emission reduction targets.  However, because of the international dimension of climate change impacts, litigants may not find the route very smooth. To this end, this paper examines the possible barriers that may lie in wait for potential litigants. The paper also seeks to suggest possible ways of overcoming these barriers. Keywords: loss and damage; impact of climate change; litigation as alternative method; barriers to litigation; overcoming barriers to litigation

The Economic Community of West African States and its Members: A Success Story of Integrated Development

The effects of regional economic integration on trade and development of the Member States of the Economic Community of West African States (ECOWAS) was chosen as topic for this article to examine how much impact regional integration has made among Member States. The history of regional economic integration is discussed to highlight the developmental trajectory of different regional groups. This paper has a critical look at the formation of regional economic blocs around the globe, with a view to show how they operate for the purpose of fostering regional cooperation among members. The history of the formation of the Economic Community of West African States and the challenges which have constrained its transformation into a complete regional economic union is also discussed

Human Rights and Underdevelopment: Extrapolating the Liberalization Policy of Neo-Colonial Actors in Africa

This paper affirms that the idea of huma rights pre-supposes that human beings, by their nature, are entitled to certain inalienable rights that are necessary conditions of a good life, without which the quality of life is compromised. The concept also pre-supposes, simultaneously, an obligation on the part of the society to uphold these claims. However, in Africa, the colonial and neo-colonial actors’ operationalization of human rights have engendered underdevelopment of these rights, and in essence brought about socio-economic and political development quagmire in the continent. One key operational tool of these actors is the liberalization policy which its implementation so far has compromised the quality of life and human rights of Africans in their continent. The present study analyzes the Structural Adjustment Program (SAP) and the current minimization of public funds in public education in Nigeria as derivatives of the liberalization policy in Africa. The study adopts secondary sources of data collection and the descriptive analytical tool as a method of study. The findings demonstrate that African countries nay Nigeria are exposed to the exploitative mechanisms of the liberalization policy. The study, therefore, advocates a paradigm shift that is in tune with human rights-based economic and educational governance for there to be an inclusive development in Africa

The political question and litigating loss and damage: Any hope for victims of climate change induced impacts in Nigeria?

There is the urgency in finding solutions to this global problem and this requires bold actions from governments, the private sector and civil societies. This paper conducts an x-ray of political questions relating to climate change issues. This can be achieved by making departure from the provisions of section 6(6)(c) of the Nigerian Constitution by proactive interpretation of sections 13, 14(2), 20 and Item 60(a) of the Exclusive Legislative List of the said Constitution. The philosophical underpinning of this preposition is to enable the courts avoid injustice and absurdity in addressing claims for loss and damages linked to climate change induced impacts

Gangrenous Gut in a Pregnant woman: A Case Report

Gangrene of the intestines is a rare complication in pregnancy. Intestinal obstruction and ischemic bowel diseases are common causes of gangrene of the intestines in pregnancy. Adhesion bands can cause intestinal obstruction while arterial occlusion, venous thrombosis and vasculitis are some causes of ischemic bowel disease. We present a case of small intestinal gangrene in a 30 year old woman in her third pregnancy, diagnosed during emergency cesarean section with extensive gangrene of the ileum and jejunum caused by band formation at the illeo-caecal junction. This case, despite the unfortunate catastrophic outcome, highlights the subtle challenges of managing rare obstetric complication in resource limited settings

Maritime transportation and the Nigerian economy: Matters arising

Appraisal of the importance of maritime transportation to Nigeria’s economy is an effort in assessing the extent to which maritime transportation has contributed to Nigeria’s economy through gross domestic product (GDP) output. The paper x-rayed some problems and challenges that hinder the full realisation of the potentials of maritime transportation. Some of the identified problems and challenges include: insecurity, inadequate infrastructure, inadequate capital for investment and maintenance of ships, poor incentives for investors, lack of indigenous carrier vessels, sea unworthiness of such indigenous vessels where they are available, and poor integrated water transport systems