Oil spillage and environmental degradation an indictment to human right and environmental law
Table Of Contents
Thesis Abstract
AbstractOil spillage poses a significant threat to the environment, leading to severe environmental degradation and impacting human rights. This research explores the intersection of oil spillage, environmental degradation, human rights, and environmental law. The study delves into the various ways in which oil spills occur, their detrimental effects on ecosystems, biodiversity, and human health, and the legal frameworks governing the prevention and response to such incidents. The research investigates how oil spillage violates fundamental human rights, including the right to a clean and healthy environment, the right to water, and the right to health. It examines the disproportionate impact of oil spills on marginalized and vulnerable communities, often exacerbating existing social inequalities and injustices. The study highlights the need for effective legal mechanisms to hold accountable those responsible for oil spillage and to ensure that affected individuals and communities receive adequate compensation and redress. Furthermore, the research analyzes the existing environmental laws and international conventions that regulate oil spill prevention, response, and liability. It assesses the strengths and weaknesses of these legal frameworks in addressing the complex challenges posed by oil spillage and environmental degradation. The study also explores the role of corporate accountability, government regulations, and civil society engagement in preventing oil spills and mitigating their consequences. In conclusion, this research underscores the urgent need for a comprehensive and rights-based approach to address the environmental and human rights implications of oil spillage. It calls for enhanced international cooperation, stronger enforcement of existing laws, and the development of new legal mechanisms to prevent future oil spills and protect the rights of affected individuals and communities. By integrating human rights principles into environmental law and policy-making, we can work towards a more sustainable and just future for all, where the rights of both people and the environment are respected and upheld.
Thesis Overview
Associated Gas Re-injection Act, Cap 26, LFN 1990 40, 48, 65, 67
Constitution of the Federal Republic of Nigeria, 1999. 38, 39, 47, 55-60, 62-65, 104
Convention on the Prevention of Marine Pollution by Dumping of waste and other matters 1992 73, 86
U.N. Convention on the High Sea, 1958 74, 86
Environmental Impact Assessment Act, 1992 40, 43-45,48, 69-72
European Environmental Agency (EEA), 1994 97,98
Federal Water Pollution Control Act 1972, U.S.A. 79
Harmful Waste (Special Criminal Provisions) ActCap 165, LFN, 1990 40, 41, 48, 68
International Convention for the Prevention ofPollution of the Sea by Oil 1954 (as amended in1962 & 1969. 74, 87
Kyoto Protocol, 1997 89, 93
Montreal Protocol on Substances that Deplete theOzone Layer, 1992. 75, 88
National Environmental Standards and RegulationsEnforcement Agency (Establishment) Act 2007 35, 36, 48, 49, 51,52,65,66,101,103
National Environment Policy Act (NEPA) 1969 U.S.A. 80
Oil in Navigable Water Act Cap 337, LFN 1990 40, 48, 65, 74
Human Environmental Conference Stockholm 78, 85, 95
U.K. Environmental Protection Act 81, 82
Vienna Convention for the Protection of the Ozone Layer, 1985. 75, 88
TABLE OF CASES
Adisa v. Oyinlola (2002) 10 WRN 125 – – 38
Amos v. Shell BP Petroleum Development Co. of Nigeria & Anor. – – – 50
Archbishop Olubunmi Okogie and others v. A.G. Lagos State. – – – 47
Enahoro and ors. V. Abacha and ors. (1998) 1HRL RA 424 – – – – 33, 34
Donoghue v. Stevenson (1932) A.C. 562 – – 82
Francis Coralie v. Union Territory of DelhiAir 1981 SC 846. – – – 107
Ransome Kuti and Ors. v. A.G. of the Federationand Ors. (1985) 2 NWLR, 16, 211 at 230 – – 32
Shanti Star Builders v. Nafyan Whimalal Totame& ors. (1990) (1) S.C. 106 Appeal No. 2598 of 1989 – 10
ABBREVIATIONS
AC Appeal CasesALL ER All England ReportsALL NLR All Nigeria Law ReportsCCHCJ Cyclostyled copies of High Court JudgmentCLR Commonwealth Law ReportsCOX Cox’s Equity.Cr APP. R Criminal Appeal ReportsEast, P.L.C. East Term’s Reports, Privy CouncilECSLR East Central State Law ReportsERNLR East Region of Nigeria ReportsFNR Federation of Nigeria ReportsFSC Federal Supreme CourtK.B. King’s BenchL.L.R. Lagos Law ReportsL.R.N. Law Reports of NigeriaLR; PC Law Reports, Privy Council AppealsMJSC Monthly Judgment of the Supreme Court of Nigeria.
MNLR Mid-Western Nigeria Law ReportsNCLR Nigeria Constitutional Law ReportsNCR Nigeria Criminal ReportsNLR Nigeria Law ReportsNMLR Nigeria Monthly Law ReportsNWLR Nigeria Weekly Law ReportsQ.B. Queens BenchQBD Queens Bench DivisionSC Supreme CourtSCNJ Supreme Court of Nigeria JudgmentsSCNLR Supreme Court of Nigeria Law ReportsTLR Times Law ReportVICT LR Victoria Law ReportsWACA West African Court of AppealWLR Weekly Law ReportsWLRN Weekly Law Report of NigeriaWN Weekly NotesWNLR Western Nigerian Law ReportsWRNLR Western Region of Nigeria Law Reports
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