OIL SPILLAGE AND ENVIRONMENTAL DEGRADATION AN INDICTMENT TO HUMAN RIGHT AND ENVIRONMENTAL LAW

OIL SPILLAGE AND ENVIRONMENTAL DEGRADATION AN INDICTMENT TO HUMAN RIGHT AND ENVIRONMENTAL LAW

Abstract

The objectives of this article are two-fold: to present a critical view of the relationship between fundamental human rights, social rights, the oil and gas industry in Nigeria and the environment. In so doing, regard will be had to some international conventions, the Constitution of the Federal Republic of Nigeria, various literature on the subject and decided cases. The reason for picking this topic is not far-fetched. No discussion on development and the well being of human beings can take place without regard to the right to life, the natural capital called land, natural resources which includes oil and gas and the environment in which life itself must flourish. All human activities must take place in the environment in which humans have found themselves. This article is in four parts, the first part attempts to define ‘environment’ and introduces efforts to care for or protect the environment. The second presents human rights and its relationship to the environment or environmental rights. The third discusses the protection of the environment through legislation and the fourth analyses the possible effect that direct legislation can have on the oil industry activities and the possible effects for future environmental rights and issues. The work concludes by way of some pieces of advice and recommendations on environmental protection in the oil industry.

Introduction

The environment can be defined as the whole complex of physical, social, cultural, economic, and aesthetic factors which affect individuals and communities and ultimately determine their form, character, relationship and survival1 . This definition remains true today and will be sufficient for the purpose of this article. However, the environment can be defined as our surroundings, especially material and spiritual influences which affect the growth, development and existence of a living being2 . Since June 1972 when the united Nations made a declaration on the human environment at Stockholm, the international community has appreciated environmental rights. By 1992 at the Rio De Janeiro Conference the full import of a healthy environment as an issue of classification of human rights gained ground on a global pedestal3 . Human rights drive has remained a good idea of civilization, everywhere acknowledged as good4 . It’s classes are diverse and still emerging. In relation to rights generally, environmental rights are posited to belong to the third generation of rights5 . Interestingly, all generations of rights are seen to be interconnected, interrelated, inter-dependent indivisible, inalienable and fundamental. It must then be a paradoxical world we live in for man to be free and happy when his environment is abused and degraded. When the quality of air he breathes is fouled and unhealthy. The water he drinks is impure and contaminated by chemicals, toxic and hazardous substances that decrease its volume and quality daily. The food he eats is contaminated with toxic, hazardous and carcinogenic substances. Above all, he is every day confronted with the threat of environmentally-related diseases among other things. This is the picture of the world in which humankind by its self-induced activities especially in the oil and gas industry has undertaken a voyage of selfdestruction of the environment in the guise of development and the sourcing of energy. It is trite that while important genetic determinants of disease exert their effects irrespective of exposure from outside the body, these do not contribute as much to the overall public health burden of disease as that associated with poor environment.

Chapters: 1 - 5
Delivery: Email

Number of Pages: 75

Price: 3000 NGN

In Stock

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