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All Journal Brawijaya Law Journal : Journal of Legal Studies
Ijaiya, Hakeem
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Law, Crime, Criminology & Criminal Justice

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INTERNATIONAL PRINCIPLES OF SUSTAINABLE DEVELOPMENT AND THE CHALLENGES TO ENVIRONMENTAL RIGHTS ENFORCEMENT IN NIGERIA Murgan, Murtala Ganiyu A.; Ijaiya, Hakeem
Brawijaya Law Journal Vol 7, No 1 (2020): Contitutional Issues: Economic, Social and Cultural Rights
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2020.007.01.06

Abstract

Human existence in the environment with disregard for International Principles of Sustainable Environment has often led to overutilization of the nation?s natural and environmental resources, excessive gas flaring with consequences of global warming, flood, environmental degradation, desertification, water pollution, solid waste pollution, diseases and such conditions that violate human rights to a clean and healthy environment. Necessary International and National legal instruments as well agencies have also been put in place to overcome the above problems and enhance access to environmental justice for victims.  However, it observed that these instruments could still not save mankind from the threat to Sustainable Development and environmental rights. This paper examines the challenges to the enforcement of environmental rights on sustainable development in Nigeria. With the qualitative content analysis doctrinal method, the study concludes that the enforcement of human rights on environmental pollution is very poor in Nigeria. The challenges to enforcement of Environmental rights on sustainable development goals also identify with useful recommendations.
Institutional and Legal Control of Gas Flaring in the Niger Delta Region of Nigeria Ijaiya, Hakeem; La-Kadri, Mutiat Abdulsalam; Jimoh, Maryam Bayero
Brawijaya Law Journal Vol. 5 No. 1 (2018): Culture and Technological Influence in Regulation
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2018.005.01.03

Abstract

The emission of “greenhouse gases” into the air has adverse effects on the environment. This study examines the effects of gas flaring on the Niger Delta Region of Nigeria. It analyses the institutional and legal framework that prevents gas flaring in the region. The paper appraises the effectiveness of the existing laws on gas flaring with a view to suggest viable means of reviewing the laws. The study found that continuous flaring of gas in the region over the last forty years has adversely bring about health challenges, climate change and loss of income in the region in particular and Nigeria as a whole. The study also found that the laws are too many and ineffective and that the regulatory institutions lack the necessary authority for their enforcement. The paper concludes that basic human rights can only be enjoyed in a pollution free environment. The paper therefore recommends amongst other that applicable laws should be amended, harmonized and domesticated where necessary.The study relies on primary and secondary sources of information like Constitution, Constitutional documents, Statutes, Judicial precedents, International Conventions and Treaties, Books, Journals and Internet materials. The information obtained through these sources was subjected to content analysis.
International Principles of Sustainable Development and the Challenges to Environmental Rights Enforcement in Nigeria Murgan, Murtala Ganiyu A.; Ijaiya, Hakeem
Brawijaya Law Journal Vol. 7 No. 1 (2020): Contitutional Issues: Economic, Social and Cultural Rights
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2020.007.01.06

Abstract

Human existence in the environment with disregard for International Principles of Sustainable Environment has often led to overutilization of the nation's natural and environmental resources, excessive gas flaring with consequences of global warming, flood, environmental degradation, desertification, water pollution, solid waste pollution, diseases and such conditions that violate human rights to a clean and healthy environment. Necessary International and National legal instruments as well agencies have also been put in place to overcome the above problems and enhance access to environmental justice for victims. However, it observed that these instruments could still not save mankind from the threat to Sustainable Development and environmental rights. This paper examines the challenges to the enforcement of environmental rights on sustainable development in Nigeria. With the qualitative content analysis doctrinal method, the study concludes that the enforcement of human rights on environmental pollution is very poor in Nigeria. The challenges to enforcement of Environmental rights on sustainable development goals also identify with useful recommendations.
Co-Authors Jimoh, Maryam Bayero La-Kadri, Mutiat Abdulsalam Murgan, Murtala Ganiyu A.