THE FRAMEWORK FOR INTERNATIONAL COOPERATION ON EMERGING ENVIRONMENTAL THREATS
Transcript of THE FRAMEWORK FOR INTERNATIONAL COOPERATION ON EMERGING ENVIRONMENTAL THREATS
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THE FRAMEWORK FOR INTERNATIONAL COOPERATION ON EMERGING
ENVIRONMENTAL THREATS
ONYEJELAM, EMEM C.
Masters student, Faculty of Law, University of Ibadan, Oyo state, Nigeria.
ABSTRACT
The environment is on daily basis being threatened majorly by anthropogenic factors. Man’s
activities have in one way or the other contributed to the degradation of the environment, and if
this continues, the generations yet unborn would have nothing from the environment to depend
on. To address these challenges, various legal frameworks have been put in place. However, to
achieve maximal success, there is need for collaboration between governments as environmental
problems are not limited to a particular territory but can be transnational. This paper would
address the various emerging environmental threats, the legal framework calling for
international collaboration in addressing these threats, the challenges with implementation of
international environmental laws in Nigeria and recommendations in tackling these challenges.
Keywords: Framework, International cooperation, Environmental threats and Agenda 21.
INTRODUCTION
Over the past decades, there have been growing public awareness of threats to the environment.
This has given rise to the demands for legislations to protect the environment from further
deterioration and degradation.
Base on the growing pressure on national government to begin to demonstrate a level of concern
over the general state of the environment, laws (national and international) have been put in
place to address these threats. However, it must be clearly stated that in fighting these scourges, a
national government need not depend on its own effort but must collaborate with other national
governments, be signatories to international conventions and treaties and ratify same, map out
environmental goals, implement environmental policies necessary to protect the environment.
EMERGING GLOBAL ENVIRONMENTAL THREATS
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Environmental problems stem from two main categories of human activities:1
1. Use of resources at unsustainable levels and
2. Contamination of the environment through pollution and waste at levels beyond
the capacity of the environment to absorb them or render them harmless.
For the purpose of this paper, the writer would be considering the framework for international
cooperation in the light of the above, and laying out various emerging environmental threats
affecting the globe.
CLIMATE CHANGE
Climate change refers to any significant change in the measures of climate lasting for an
extended period of time.2 Rising global temperatures have been accompanied by changes in
weather and climate. Many places have seen changes in rainfall, resulting in more floods,
droughts, or intense rain, as well as frequent and severe heat waves.3 As these changes become
more pronounced, the more likely they will present challenges to the society and to the
environment in particular.
Cause of Climate Change
Over the past century, human activities have released large amounts of carbon dioxide and other
greenhouse gases into the atmosphere. Majority of these greenhouse gases come from burning
fossil fuels to produce energy; industrial processes, deforestation and some agricultural practices
also emit gases into the atmosphere. Greenhouse gases are chemical compounds found in the
earth’s atmosphere and they act like a blanket around planet Earth, trapping energy in the
atmosphere and causing it to warm. This phenomenon is called the greenhouse effect and is
natural and necessary to support life on earth’s climate and result in dangerous effects to human
health and welfare and to ecosystems.4
1 Dinah Shelton and Alexandre Kiss ‘’Judicial Handbook on Environmental Law’’ http://www.unep.org accessed on
19th
January, 2015. 2 United States Environmental Protection Agency ‘’ Climate Change: Basic Information’’ http://epa.org accessed on
19th
January, 2015. 3 Supra
4 Supra.
3
To combat the menace of climate change to the environment, United Nations initiated a
framework Convention on climate change which is the United Nations Framework Convention
on Climate Change.5 The objective of the treaty is to ‘stabilise greenhouse gases (Ghgs)
concentrations in the atmosphere at a level that would prevent dangerous anthropogenic
interference with the climate system. The treaty set no binding limits on greenhouse gases
emission for individual countries and contains no enforcement mechanisms. In this sense, the
treaty is considered legally non-binding. The treaty instead, provides a framework for negotiating
specific international treaties (called protocols) that may set binding limits of greenhouse gases.6
The Kyoto protocol is an international treaty which extends the 1992 UNFCCC committing State
Parties to reduce Ghgs based on the premise that:
a. Global warming exists
b. Man-made emissions have caused it.
The protocol is based on the principle of common but differentiated responsibilities- it puts the
obligation to reduce current emissions on developed countries on the basis that they are
historically responsible for the current levels of Ghgs in the atmosphere. As a result, it sets
binding emission reduction targets for 37 industrialised countries, mostly member states of the
European Economic Area. There is a new framework for post-Kyoto protocol and will 7be
negotiated in the December, 2015 meeting of the Conference of Parties to the UNFCCC in Paris,
France.
OZONE LAYER DEPLETION
Today, there is widespread concern that the ozone layer is deteriorating due to the release of
pollutants containing chlorine and bromine. This deterioration allows large amounts of
ultraviolet B rays to reach Earth, which can cause skin cancer, genetic damage, cataract, immune
5 Signed on 9
th May, 1992 and became effective on 21
st March, 1994.
6 United Nations Framework Convention on Climate Change ‘’basic Information” http://www.unfccc.int accessed
on 19th
January, 2015. 7 European Commission ‘’the 2015 International Agreement’’ http://www.ec.europa.eu accessed on 19
th January,
2015.
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system depression in living organisms, reducing productivity in agricultural crops and the food
chain.8
Major Cause of Ozone Layer Depletion
Scientific evidence has proven that the natural balance of stratospheric ozone has been upset by
the production and release in the atmosphere of ozone depleting substances including,
chlorofluorocarbons (CFC), halons, methyl, chloroform (CH3CCI3 ), carbon tetrachloride, hydro-
chlorofluorocarbon (HCFCs) and methyl bromide. These substances have applications in
refrigerators, air conditions, fire extinguishers, aerosols, agricultural fumigants, solvents for
cleaning electronic equipment and in making of foams.9
The Vienna Convention for the protection of the Ozone layer10
has been judged to be one of the
most successful treaties of all time; having been ratified by 196 States. It acts as a framework for
the international efforts to protect the ozone layer although it does not include legally binding
reduction goals for the use of CFCs, the main chemical agent causing ozone layer depletion. The
legally binding goals were laid out in the accompanying Montreal Protocol which was agreed on
16th 11
September, 1987. Montreal protocol includes a unique adjustment provision that enables
the parties to the protocol to respond quickly to new scientific information and agree to
accelerate the reductions required on chemicals already covered by the protocol. These
adjustments are then automatically applicable to all countries that ratified the protocol.12
LOSS OF BIODIVERSITY
Biodiversity refers to the variety of life on Earth at all its levels, from genes to ecosystems, and
the ecological and evolutionary processes that sustain it.13
Biodiversity includes not only species
we consider rare, threatened or endangered, but every basic needs like food, drinking water, fuel,
8 Australian Government ( Department of the Environment) ‘’Ozone layer Depletion’’ http://www.environment.gov
accessed on 19th
January, 2015.
9 Supra
10 It was agreed upon at the Vienna Conference of 1985
11 UNEP ‘’ The Montreal Protocol on Substances that deplete the Ozone Layer’’ http://www.ozone.unep.org
accessed on 19th
January, 2015. 12
Supra- since its initial adoption, the Montreal protocol has been adjusted six times 13
American Museum of Natural History ‘’’What is Biodiversity’’ http://www.amnh.org accessed on 19th
January,
2015.
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shelter, and medicine. Ecosystems provide services such pollination, seed dispersal, climate
regulation, water purification, nutrient cycling, and control of agricultural pests.14
Over the last century, human activities have rapidly altered the ecosystems and presently, the
planet is undergoing a massive loss of biodiversity. The rate at which loss of biodiversity is
experienced is unprecedented as there is little or nothing done to curb these excesses.15
At the 1992 United Nations conference on environment and Development (the Earth summit) the
Convention on Biological Diversity (CBD) was born. The objectives of this legally binding
global treaty are the conservation and sustainable use of biodiversity as well as a fair sharing of
the benefits of the utilization of genetic resources.16
Attempts have been made to achieve the
target of a significant reduction of the current rate of biodiversity loss at the global, regional and
national level, as a contribution to poverty alleviation and to the benefit of all life on Earth but
these have not been met.
DESERTIFICATION AND DROUGHT
The threat of drought constantly looms over dry land agriculture. Drought depletes vegetative
cover and may lead to human actions, such as overgrazing and the expansion of farmlands that
propel dry lands more rapidly towards a desert-like condition. Increasing agricultural pressure on
the land due to population growth also aggravates this downward spiral.17
United Nations’ official definition says desertification is land degradation in typically dry areas
from various factors, including climatic variation and human activities.18
A ‘desertified’ land is
a land that can no longer support the same plant growth it had in the past, and the change is
permanent on a human time scale.19
Desertification is caused by over farming, drought,
overgrazing, fire, deforestation, leaving exposed soil. If the nutrient-rich top soil blows or
washes away, plants may not be able to withstand the pressure of the wind and may begin to fade
away gradually.
14
Supra 15
Supra 16
Green facts ‘’Biodiversity- a Global Outlook’’ http://www.facts.org accessed on 19th
January, 2015. 17
Akhtar-Schuster ‘’Causes and Impacts of Declining Resources in the Eastern Sahel: Desertification Control’’
(2000) Bulletin 36: 42-49 18
Earth Observatory ‘’Desertification’’ http://www.earhobservatory.na accessed 19th
January, 2015. 19
Supra
6
The United Nations initiated a Convention- the United Nations Convention to Combat
Desertification (UNCCD) on 17th
June, 1994 with the objective of combating desertification and
mitigating the effects of drought through action at all levels. Article 5 of the Convention
mandates affected State Parties to address the underlying natural and socio-economic factors,
including poverty, which contributes to desertification process as well as promoting and
facilitating the participation of local populations in efforts at combating desertification. In the
national scene (Nigeria), a National Action Programme to combat desertification was developed
considering that Nigeria is losing about 351,000 square kilometers to desertification.20
DEFORESTATION
Forests cover 31% of the land area on earth. They produce vital oxygen and provide homes for
people and wildlife. Forests around the world are under threat from deforestation.
Deforestation is a result of incessant cutting down of trees, forest-burning, development, etc.21
This impacts people’s livelihoods and threatens a wide range of plant and animal species.22
Deforestation has been attributed to poverty, skewed land distribution, grazing and low
agricultural productivity as well as rapid population growth with the attendant pressure on lands.
Deforestation also contributes substantially to increased atmospheric concentration of carbon
dioxide which invariably impacts on the global climate.23
REDD (reducing emissions from deforestation and forest degradation) is a framework through
which developing nations are rewarded financially for any emission reduction achieved. REDD
provides a unique opportunity to achieve large-scale emission reduction at comparatively low
abatement costs. In 2010, at the Conference of Parties (COP-16),24
REDD became REDD Plus
(REDD+), to reflect new components which includes-
a. Reducing emission from deforestation
b. Reducing emissions from forest degradation
20
Flower, Little St., “Environmental Challenges in the 21st Century” http://www.journal.au.edu
21 WWF “Deforestation” http://www.worldwildlife.org accessed on 19
th January, 2015.
22 Supra.
23 Mgbolu, A. K. “The Legal Implications of Deforestation, Desertification and Endangered Species in Our
Ecosystem” Igbinedion University Law Journal, Vol. 8, 2009. 24
As set out in the Cacun Agreemnt
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c. Conservation of forest carbon stock
d. Sustainable management of forests
e. Enhancement of forest carbon stock
REDD+ has the potential to simultaneously contribute to climate change mitigation and poverty
alleviation, whilst also conserving biodiversity and sustaining vital ecosystem services.25
The
convention on Biodiversity also governs the need to combat deforestation.
HAZARDOUS WASTE
Hazardous waste is waste that is dangerous or potentially harmful to our health or environment.26
Hazardous waste can be liquids, solids, gases, or sludge. In Nigeria, harmful waste is governed
by the Harmful Waste Special Criminal Provision Act.27
The Act criminalized the dumping of
hazardous waste on any land, territorial waters and matters relating thereto.28
Under the Act, it is
an offence where any person without lawful authority carries, deposits, dumps, transports,
imports, and offers for sale, buys or otherwise deals in any harmful waste what substances
amount to harmful waste as ‘’ any injurious, poisonous, toxic or noxious substance… which can
subject any person to the take the risk of death, fatal injury or incurable impairment of physical
and mental health….29
A person shall be deemed to have committed the offence if actually he does the act, enables,
aids, counsels, or procures any person to commit the crime.30
It is important to note that the Act
punishes any person in breach of it, whether an individual, body corporate or even a foreigner as
the issue of diplomatic immunity is not protected by the Act.31
On the international scene, it is the Basel Convention on the Control of Trans-boundary
Movements of Hazardous Wastes and their Disposal.32
The Convention puts an onus on
2525
The REDD Desk ‘’ What is REDD/ REDD+’’ http://www.theredddesk.org accessed on 19th
January, 2015. 26
United States EPA ‘’ Hazardous Waste’’ http://www.epa.gov accessed on 21st January, 2015.
27 Cap H1 LFN, 2004
28 Section ….. of the HWSCPA
29 Ibid, section 15
30 Ibid, Section 2 (1) of the HWSCPA
31 Ibid, Section 6, 7, 9.
32 First came into force in 1992.
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exporting countries to ensure that hazardous wastes are managed in an environmentally sound
manner in the country of import. The obligations under the Act include:33
a. Minimize generation of hazardous wastes;
b. Ensure that adequate disposal facilities are available;
c. Control and reduce international movements of hazardous wastes;
d. Ensure environmentally sound management of wastes; and
e. Prevent and punish illegal traffic.
The Bamako Convention on the other hand applies within the African Region.
TRANS-BOUNDARY AIR POLLUTION
Most air pollution problems are caused by local or regional sources of emission. Air pollution
does not stop at national borders but flows from one state to another. Some air pollutants are
known to circulate globally and deposit on land and water bodies far from their sources34
and can
survive for periods of days or even years, and can be transported hundreds or thousands of miles
before they affect the air we breathe, the soils, rivers, lakes and/or foods. Trans-boundary air
pollutants cause a number of different problems e.g. formation of particles, ground-level ozone
which is hazardous to health, formation of acid rain which can damage the roofs of buildings and
sensitive ecosystems, and some that are toxic to human health and environment.35
To tackle the menace of trans-boundary air pollutants, it requires actions and collaboration to
control their formation and effects. The Convention on Long-Range Trans-boundary Air
Pollution36
establishes a framework for intergovernmental cooperation with the aim of protecting
health and the environment from air pollution that is liable to affect several countries. This
cooperation covers the development of appropriate policies, the exchange of information,
research and the implementation and development of a monitoring system.37
33
Department of Environment (Australia) “Basel Convention” http://www.environment.gov accessed on 21st
January, 2015. 34
EPA(US) “Trans-boundary Air Pollution” http://www2.epa.gov accessed on 21st January, 2015
35 National Atmosphere Emissions Inventory “Transboundary Air Pollution” http://www.naei.defra.gov.uk accessed
on 21st January, 2015.
36 Signed on 13
th of November, 1979 and entered into force on 16
th of March, 1983.
37 Europa (Summaries of EU Legislation) “Geneva Convention in Long-Range Transboundary Air Pollution”
http://www.europa.eu accessed on 21st January, 2015.
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The long-range trans-boundary air pollution is defined as “the introduction by man, directly or
indirectly, of substances or energy into the air which have deleterious effects on human health,
the environment or material property in another country and for which the contribution of
individual emission sources. Or groups of sources cannot be distinguished.”38
WATER POLLUTION
Beyond synthetic pollution, fresh water is also the end-point for biological waste; in the form of
human sewage, animal excrement, and rain water run-off flavoured by nutrient-rich fertilizers
from farmyards. These nutrients find their way through the river systems into seas to coastal
ocean zones void of oxygen to aquatic lakes making the connection between the land pollution
and water pollution.39
Water pollution is one of the most serious ecological threats facing us
today. The UNECE Convention on the protection and use of trans-boundary water courses and
international lakes (UNECE Water Convention).40
The convention is intended to strengthen
national measures for the protection and ecologically sound management of trans-boundary
surface waters and ground waters. The Convention obliges parties to prevent, control and reduce
water pollution from point and non-point sources. The Convention also includes provisions for
monitoring, research and development, consultations, warning, and alarm systems, mutual
assistance, institutional arrangements, and the exchange and protection of information as well as
public access to information.41
TOXIC SUBSTANCES AND ORGANIC POLLUTANTS
A toxic substance means any chemical or mixture that may be harmful to the environment and to
human health if inhaled, swallowed or absorbed through the skin.42
Some toxins are natural, such
as poisonous substances coming from living organisms, plants like poinsettias and even some
38
Supra. 39
National Geographic “Freshwater” http://www.environment .nationalgeographic.com accessed on 23rd
January,
2015. 40
United Nations Economic Commission for Europe (UNECE) Water Courses done at Helsinki, 17th
March, 1992. 41
Reporting Obligations Database (ROD) “Legislative Instrument Details: UNECE Water Convention”
http://www.rod.eionet.europa.eu accessed on 23rd
of January, 2015 42
Environmental Protection Agency (US) “what is a toxic substance” http://www.epa.gov accessed on 23rd
January,
2015
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wild mushrooms and berries. Some are contained in most daily household products such as
laundry detergents, floor or furniture polishes, paints, pesticides, oven cleaners, etc.43
The Rotterdam Convention on the prior informed Consent Procedure for certain hazardous
chemicals and pesticides in international trade 44
was adopted to address the dramatic growth in
chemical production and trade and the potential risks posed by hazardous chemicals and
pesticides. The objective of this convention is to promote shared responsibility and cooperative
effort among parties in the international trade of certain hazardous chemicals in order to protect
human health and the environment from potential harm and to contribute to their
environmentally sound use by facilitating information exchange about their characteristics by
providing for national decision-making process on their import and export, and by disseminating
these decisions to parties.45
Other emerging environmental threats include solid waste and sewage-related issues, radioactive
substances/rays, flooding, gas flaring, noise pollution, etc.
FRAMEWORK FOR INTERNATIONAL COOPERATION OF EMERGING
ENVIRONMENTAL THREATS – THE CASE OF NIGERIA.
It is a known fact that environmental problems do not respect national borders, and to this extent,
the protection of the environment in any given country will not happen as a result of the national
efforts of its government alone. In dealing effectively with trans-boundary environmental
challenges, there is need for international cooperation of governments of different countries.
Emerging national environmental threats confronting the world today need not be
compartmentalized considering that their effects are not limited to a particular territory. Where
this is the case, national governments or states are prompted to enter into negotiations or some
43
Supra. 44
The Convention was adopted and opened for signature at the conference of Plenipotentaries in Rotterdam on 10th
September, 1998 and entered into force on 24th
February, 2004. The United Nations Environment’s Program
(UNEP) and the Food and Agriculture Organization (FAO) of the United Nations started the promotion of voluntary
information on these hazardous chemicals. 45
UNIDO “Rotterdam Convention” http://www.unido.org accessed on 23rd
January, 2015.
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kinds of formal agreements regulating the scope and content of cooperative action on a particular
problem.46
Nigeria is a signatory to various international treaties on the environment such as:
1) United Nations Framework Convention on Climate Change.
2) Convention on Biological Diversity.
3) United Nations Convention on the Law of the Sea.
4) Convention on the Control of Trans-boundary Movements of Hazardous Wastes and
their Disposal (Basal Convention).
5) Vienna Convention on the Law of Treaties.
6) Convention on International Trade on Endangered Species of Wild Fauna and Flora
(CITES).
7) Desertification Convention.
8) Treaty Banning Nuclear Weapon Tests in the Atmosphere, Outer and under Water.
9) Treaty on the non-proliferation of Nuclear Weapons.
10) International Convention to combat desertification in those countries experiencing
serious drought and /or desertification particularly in Africa.
To give these treaties the force of law, they ought to be ratified in accordance with the provision
of the law,
“No treaty between the federation and any other country shall have the force of law to the
extent to which any such treaty has been enacted into law by the National Assembly.”47
While there is so much muse about the ratification and non-implementation of these treaties in
Nigeria, some tend to think differently. Mr. Caleb Mutfwang,48
an environmental legal
consultant, has ranked Nigeria high in the implementation of environmental multilateral
agreements signed by the country. According to him, Nigeria had achieved a lot in the process of
implementing those agreements seeing that there is appreciable progress in implementing the
46
Hanf “Implementation of International Environmental Agreements” http://www.mzes.uni-mannheim.de accessed
on 24th
January, 2015. 47
Section 12 (1) of the 1999 Constitution. 48
Vanguard News Nigeria “Nigeria ranked high on implementation of environmental agreements”, September 3
rd,
2013.
12
Basel Convention, Stockholm Convention, Montreal Protocol and Rotterdam Convention, among
others.
One may be tempted to agree with Mr. Caleb considering the fact that Nigeria has ratified twelve
out of the fourteen International Environmental Conventions, protocols and treaties. But again,
does this assertion reflect on current realities pertaining to our environment today? If truly the
implementation rate of these Conventions, protocols and treaties is high, why does it seem like
development is still far-fetched?
The Basel Convention deals with trans-boundary movement and disposal of toxic and hazardous
waste, and has been ratified in Nigeria. Despite this, we cannot deny the fact that second-hand
electronics products, although banned, are still shipped into the country and displayed in open
places. These products have been held to be dangerous to human health.
The Stockholm Convention which deals with chemicals that had been banned has not stopped
these chemicals from filtrating our markets and houses. For example, the use of ‘sniper’ to kill
insects is dangerous to human health and capable of causing breathing difficulties especially in
children. The challenges of disposing wastes – electronic, domestic, medical – still stares us in
the face, and there is little or nothing we can do about it.
International agreements are faced with the willingness or otherwise of states to be part of it
especially where the state considers the economic and political cost that would result from the
impact that control measures would have on important societal interests.49
International
agreements are vital in protecting the environment, but whether or not these agreements
contribute to modifying the behavior of states remain debatable.
Development is the process of economic and social transformation that is based on complex
cultural and environmental factors and their interactions.50
It is one of the reasons why nations
enter into agreements to resolve a particular problem. Nigeria, in her bid to develop, is a party to
Agenda 21 which addresses most of the environmental problems affecting her.
49
For instance, US unwillingness to reduce its carbon emission, but this has been overtaken by time. 50
Business Dictionary “Development” http://www.business.com accessed on 24th
January, 2014
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Agenda 21 is a product of the United Nations Conference on Environment and Development.51
It
addresses the pressing problems of today and also aims at preparing the world for the challenges
of the next century by promoting sustainable development. It reflects a global consensus and
political commitment at the highest level of development and environmental cooperation. Its
successful implementation is first and foremost the responsibility of governments of various
states, although policies and processes, national strategies and plans are crucial in achieving
international cooperation.52
The following chapters of Agenda 21 address the emerging issues as raised in this paper and
other pertinent chapters necessary for international collaboration.
Chapter 2 of the Convention buttresses International Cooperation to accelerate sustainable
development in developing countries and related domestic policies.
Chapter 3 – deals on the need to combat poverty as a means of combating these
environmental challenges.
Chapter 4 – deals on changing consumption patterns.
Chapter 5 – demographic dynamics and sustainability.
Chapter 6 – protecting and promoting human health conditions.
Chapter 7 – promoting sustainable human settlement development.
Chapter 8 – integrating environment and development in decision-making.
Chapter 9 – protection of the atmosphere.
Chapter 10 – integrated approach to the planning and management of land resources.
Chapter 11 – combating deforestation.
Chapter 12 – managing fragile ecosystems: combating desertification and drought.
Chapter 20 – environmentally sound management of hazardous waste in hazardous waste.
Chapter 21 – environmentally sound management of solid waste and sewage-related issues.
Chapter 22 – safe and environmentally sound management of radioactive rays.
51
Held in Rio de Janeiro, Brazil, 3rd
to 14th
June, 1992. 52
Convention on Agenda 21.
14
After the 1992 Agenda, there have been other meetings reappraising the progress or otherwise
and they are:53
RIO +5 – (1997)
The United Nations General Assembly (UNGA) held a special session to appraise the status of
Agenda 21. The Assembly recognized progress as ‘uneven’ and identified key trends, including
increasing globalization, widening inequalities in income, and continued deterioration of the
global environment as responsible for this uneven progress.
RIO+ 10 – (2002)
The Johannesburg plan of implementation agreed at the world Summit on Sustainable
Development (Earth Summit) affirmed UN commitment to full implementation of Agenda 21,
alongside achievement of the Millennium Development Goals (MDGS) and other international
agreements.
AGENDA 21 FOR CULTURE (2002)
It was the first world public meeting on culture, held in Porto Alegre, Brazil in 2002. It was at
this meeting that the idea to establish guideline for local cultural policies and something
comparable to what Agenda 21 was for the environment, was brought about. These policies were
to be included in various s subsections of Agenda 21 and will be carried out through a wide
range of sub-programs beginning with G8 Countries.54
RIO + 20 (2012)
In 2012, at the UN Conference on sustainable development, the attending members reaffirmed
their commitment to Agenda 21 in their outcome document called ‘’The Future we want’’ ISO
leaders from nations participated.
In essence, Agenda 21 is the framework for addressing the emerging environmental challenges
of the 21st Century although it is a non-binding, voluntarily implemented action plan of the
53
United Nations Sustainable Development ‘’Agenda 21’’ http://sustainabledevelopment.un.org accessed on 23rd
January, 2015. 54
U.S,U.K, Canada, Italy, Russia, Germany, France, Japan.
15
United Nations with regard to sustainable development. Agenda 21 has been criticized as being a
myth cause of its non-legally binding nature. Critics55
of Agenda 21 argue that it requires Local,
States, and Federal initiatives to promote sustainable development rather than Agenda 21.
On the other hand, the Federal Government of Nigeria established a National Advisory
Committee on the implementation of Agenda 21 in 1993. The Committee advises the
government on sustainable development issues and strategies for implementing the provision of
Agenda 21. It is also interesting to know that Nigeria has her own National Agenda 21 which
also covers the environmental and economic aspects of sustainable development in Nigeria.56
CHALLENGES TO THE IMPLEMENTATION OF AGENDA 21 IN NIGERIA
Nigeria like other nations is faced with her challenges of implementing Agenda 21 and they are
as follows-
a. Lack of an established Constitutional right to sustainable development –
The Constitution of Nigeria57
makes the protection of environmental rights non-
justiciable which automatically excludes actions that can be brought for the interest of
generations to come. In the case of Minors Oposa v. Secretary of the Department of
Environment and Natural Resources,58
an action was sustained by certain minors who
sued for themselves and for generations yet unborn.59
To ensure sustainable development,
rights of this nature should be enshrined in the constitution and made enforceable.
b. Lack of recognition for Inter-generational equitable rights and Public Trust
Doctrine –
This relates to the principle of inter-generational equity in International Environmental
Law. The concept of equity touches on the issues of fairness, equality and justice in the
55
Heritage Foundation is a staunch critic of Agenda 21, Better World Campaign ‘’Agenda 21: Just Facts’’
http://www.betterworldcamp.org accessed on 23rd January, 2015. 56
Sustainable Development “Economic Aspects of Sustainable Development in Nigeria” http://www.un.org
accessed on 24th
January, 2015. 57
1999 Constitution 58
(1994) 33 ILM 173 59
An injunction was sought to restrain the Philippine government from continuing licensing the felling of timber on
the basis that deforestation from timber logging was causing environmental damage. The Supreme Court held that
the plaintiffs have both a justiciable course of action and the locus to sue.
16
distribution of resources and responsibilities. It implies that each generation owes a duty
to future generations to avoid impairing their abilities to fulfill their basic roles. We must
recognize that all natural resources should be held in trust for the full benefit, use and
enjoyment of our people, not for the now but for generations to come, and to ensure
effective development.60
c. The non-binding nature of International Conventions –
Most International Conventions are non-binding in nature, and in some cases, do not
create any direct obligation on member states to take specific actions. If they did, the
consequences would be remarkable as all known challenges would be assessed and
legislated on.61
To this end, while I admit the importance of International Cooperation in tackling environmental
threats facing the world today, it cannot be denied that the effects of these international
agreements, even after ratification, are minimal at the domestic level. Efforts should be geared
toward ensuring effective participation of member states as well as monitoring their development
and challenges with respect to a particular agreement. This way, development can be assured.
60
Oludayo Amokaye “Environmental Law and Practice in Nigeria” University of Lagos Press: Lagos, 2004. P. 101. 61
R. v. Secretary of State for Trade and Industry ex parte Duddridge & others. Queens’s Bench Division, October
3rd
, 1994.
17
BIBLIOGRAPHY
PUBLISHED WORKS
Oludayo Amokaye “Environmental Law and Practice in Nigeria” University of Lagos Press:
Lagos, 2004.
Vanguard News Nigeria, “Nigeria ranked high on implementation of environmental agreements”
September 3rd
, 2013.
Akhtar-Schuster ‘’Causes and Impacts of Declining Resources in the Eastern Sahel:
Desertification Control’’ (2000) Bulletin 36: 42-49.
Mgbolu, A. K. “The Legal Implications of Deforestation, Desertification and Endangered
Species in Our Ecosystem” Igbinedion University Law Journal, Vol. 8, 2009.
WEBSITES
Better World Campaign ‘’Agenda 21: Just Facts’’ http://www.betterworldcamp.org accessed on
23rd
January, 2015.
Sustainable Development “Economic Aspects of Sustainable Development in Nigeria”
http://www.un.org accessed on 24th
January, 2015.
Macmillan Dictionary “framework” http://www.macmillandictinary.com accessed on 17th
January, 2015
Free Dictionary “collaboration” http://www.freedictionary.com accessed on 17th
January, 2015
Craw Ford “Environmental Risks” http://www.crawfordgts.com accessed on 17th
January, 2015
Dinah Shelton and Alexandre Kiss ‘’Judicial Handbook on Environmental Law’’
http://www.unep.org accessed on 19th
January, 2015.
United States Environmental Protection Agency ‘’ Climate Change: Basic Information’’
http://epa.org accessed on 19th
January, 2015
United Nations Framework Convention on Climate Change ‘’basic Information”
http://www.unfccc.int accessed on 19th
January, 2015.
European Commission ‘’the 2015 International Agreement’’ http://www.ec.europa.eu accessed
on 19th
January, 2015.
18
Australian Government (Department of the Environment) ‘’Ozone layer Depletion’’
http://www.environment.gov accessed on 19th
January, 2015.
UNEP ‘’ The Montreal Protocol on Substances that deplete the Ozone Layer’’
http://www.ozone.unep.org accessed on 19th
January, 2015.
American Museum of Natural History ‘’’What is Biodiversity’’ http://www.amnh.org accessed
on 19th
January, 2015.
Green facts ‘’Biodiversity- a Global Outlook’’ http://www.facts.org accessed on 19th
January,
2015.
Conserve Energy ‘’Overpopulation’’ http://conserveenergyfuture.com accessed on 19th
January,
2015.
Earth Observatory ‘’Desertification’’ http://www.earhobservatory.na accessed 19th
January,
2015.
Flower, Little St., “Environmental Challenges in the 21st Century” http://www.journal.au.edu
accessed on 19th
January,2015.
WWF “Deforestation” http://www.worldwildlife.org accessed on 19th
January, 2015.
The REDD Desk ‘’ What is REDD/ REDD+’’ http://www.theredddesk.org accessed on 19th
January, 2015.
United States EPA ‘’ Hazardous Waste’’ http://www.epa.gov accessed on 21st January, 2015.
Department of Environment (Australia) “Basel Convention” http://www.environment.gov
accessed on 21st January, 2015.
EPA (US) “Trans-boundary Air Pollution” http://www2.epa.gov accessed on 21st January, 2015
National Atmosphere Emissions Inventory “Trans-boundary Air Pollution”
http://www.naei.defra.gov.uk accessed on 21st January, 2015.
Europa (Summaries of EU Legislation) “Geneva Convention in Long-Range Transboundary Air
Pollution” http://www.europa.eu accessed on 21st January, 2015.
National Geographic “Freshwater’’ http://www.environment.nationalgeographic.com accessed
on 23rd
January, 2015.
Reporting Obligations Database (ROD) “Legislative Instrument Details: UNECE Water
Convention” http://www.rod.eionet.europa.eu accessed on 23rd
of January, 2015
Environmental Protection Agency (US) “What is a Toxic Substance” http://www.epa.gov
accessed on 23rd
January, 2015
19
UNIDO “Rotterdam Convention” http://www.unido.org accessed on 23rd
January, 2015.
Hanf “Implementation of International Environmental Agreements” http://www.mzes.uni-
mannheim.de accessed on 24th
January, 2015.
Business Dictionary “Development” http://www.business.com accessed on 24th
January, 2015.
United Nations Sustainable Development ‘’Agenda 21’’ http://sustainabledevelopment.un.org
accessed on 23rd
January, 2015.