LOCUS STANDI AS AN OBSTACLE TO ENVIRONMENTAL JUSTICE IN NIGERIA


LOCUS STANDI AS AN OBSTACLE TO ENVIRONMENTAL JUSTICE IN NIGERIA

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CHAPTER ONE

INTRODUCTION

The term “environment” has been given different definitions. It has been defined as the
totality of physical, economic, cultural, aesthetic and social circumstances which surround
and affect the desirability and value of property and which also affect the quality of peoples‟
lives.

It has also been defined as „the components of the earth‟ and includes

a Land, water and air including all layers of the atmosphere

b. All organic and inorganic matter and living organisms and

c. The interacting natural systems that include components referred to in paragraphs

(a)and (b).
The first definition covers the broad concept of „environment‟. In that respect, they e
embrace everything within and around man that may have effect on or be affected by man. This more expansive concept of environment is synonymous with the human environment
The definition under Nigerian law covers a narrower concept of “environment”. This
concept restricts the meaning to the physical or natural environment, comprising God given natural resources, natural elements and natural environment whether or not modified by man.
This narrower concept of environment is therefore synonymous with the physical or natural environment.
Flowing from the above definitions, environment is therefore earth in its totality; air, water and land.

1.1.2 Environmental Law
The concept of environmental law refers to the integrated rules and principles i.e. legal norms, the purpose of which is to achieve environmental conservation.

Environmental law isa complex and interlocking body of treaties, conventions, statutes, regulations, and common law that operates to regulate the interaction of humanity and the natural environment towards the purpose of reducing the impacts of human activity.
Environmental law draws from andis influenced by principles of environmentalism, including ecology, conservation,stewardship, responsibility and sustainability. Pollution control laws generally are intended(often with varying degrees of emphasis) to protect and preserve both the natural environment and human health. Resource conservation and management laws generally balance (again, often with varying degrees of emphasis) the benefits of preservation and economic exploitation of resources.

From an economic perspective environmental laws may be understood as concerned with the prevention of present and future externalities and preservation of common resources from individual exhaustion. environmental justice

Environmental law is also defined as a body of rules and regulations, and orders and statutes, concerned with the maintenance and protection of the natural environment of a country

1. It provides basis for measuring and apportioning liability in cases of environmental crime and the failure to comply with its provisions

2. Environmental law in Nigeria is a body of rules and regulation which have as their object or effect, the protection of the environment from pollution and the wasteful depletion of natural resources and ensure sustainable development. environmental justice

Under the Nigerian law, environmental law includes all the sources of environmental law including the constitution, International treaties, state laws, local government laws and common law. Notwithstanding the above definitions of environmental law, it is difficult to give a precise definition of environmental law because of its nature. However, I subscribe to the definition of effect, the protection of the environment from pollution and the wasteful depletion of natural resources and ensure sustainable development.

1.1.3 Environmental Protection
Environmental protection definition includes all available practices used to protect our environment, whether on individual, organizational or global (international) level
.Environmental protection is a practice of protecting the environment, on individual,organizational or governmental levels, for the benefit of the natural environment and (or) humans. environmental justice

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