{"id":9787,"date":"2020-02-06T22:06:14","date_gmt":"2020-02-06T22:06:14","guid":{"rendered":"http:\/\/projectstore.com.ng\/?p=9787"},"modified":"2020-02-06T22:06:14","modified_gmt":"2020-02-06T22:06:14","slug":"enforcement-of-human-rights-norms-in-environmental-protection-in-nigeria","status":"publish","type":"post","link":"https:\/\/lawstudentprojectpdf.projectstore.com.ng\/enforcement-of-human-rights-norms-in-environmental-protection-in-nigeria\/","title":{"rendered":"Enforcement Of Human Rights Norms In Environmental Protection In Nigeria"},"content":{"rendered":"

<\/span>Enforcement Of Human Rights Norms In Environmental Protection In Nigeria<\/strong><\/span><\/h1>\n

<\/span>ABSTRACT<\/span><\/h2>\n

\u00a0<\/strong><\/p>\n

This research work examined the enforceability of human rights norms\u00a0 in environmental protection. And critically reviews the functionality of human rights law in environmental protection and how it can be made to drive enforceability in order to reduce the impact of environmental stressors. The work treats the legal literature and theory of Environmental law and Human rights \u2013and\u00a0 factors\u00a0 of\u00a0 enforcement\u00a0 of human rights law in Nigeria .It establishes that several theories have emerged, and a plethora of them have considered environmental human rights to\u00a0 be those\u00a0 rights that are within the realm of non- derogablerights. Making reference to the impact of international law stressors such as sovereignty, requirement of municipal ratification with particular reference to section 12\u00a0 of 1999 Constitution of\u00a0\u00a0 the Federal Republic\u00a0\u00a0 of Nigeria as amended and the conservative and narrow\u00a0 interpretations\u00a0 of\u00a0 human rights law provisions that stress the enforceability of human rights norms in environmental protection, the paper surveys and\u00a0 maintains\u00a0 a\u00a0 well-\u00a0 balanced assessment of specific instruments such as, in the global setting, the United Nations Declaration on the Right to Development (1986), the United Nations Charter (1945)\u201d, among others; and in the regional setting, the African Charter on Human and Peoples Rights (1981) as domesticated in Nigeria by Cap.10 LFN 1983 and\u00a0 subsequently by Cap A9 LFN 2004 among others, and significantly, the Fundamental Rights(Enforcement Procedure) Rules (2009) and the 1999 Constitution of the Federal Republic of Nigeria as amended, including their\u00a0 policy consciousness,\u00a0 functionality and limitations. The key question that needs an answer is whether and to what extent Nigerian law guarantees applicability of human rights norms in environmental protection? In an attempt to answer this question, weexamined the extent to which domestic laws reflect the aspirations of globalenvironmental norms and means\u00a0 by which they are structured. The problem is settled with an answer to a fundamentalquestion. First, to what level of enforceability are the policies emanating from these non- derogable laws, directly and\u00a0 practically implemented\u00a0 and\u00a0 applicable in Nigeria? This study therefore discovers that even with the applicability of African Charter on Human and Peoples Rightsamongst other associated lawswhich have been enhanced by the provisions of the\u00a0 Fundamental\u00a0 Rights\u00a0 (Enforcement\u00a0 Procedure) Rules\u00a0 (2009), compliance to, and\u00a0\u00a0\u00a0\u00a0\u00a0 enforcement of environmental rights in Nigeria remains challenging<\/p>\n

TABLE OF CONTENTS<\/p>\n

Title Page – – – – – – – – i<\/p>\n

Certification – – – – – – – – ii
\nDedication – – – – – – – – iii
\nAcknowledgments – – – – – – – – iv
\nTable of Contents – – – – – – – v
\nTable of Cases – – – – – – – vii
\nTable of Legal Instruments – – – – – – – x
\nTable of Abbreviations – – – – – – – xxi
\nAbstract – – – – – – – – xxv
\nCHAPTER ONE: GENERAL INTRODUCTION
\nBackground of the Study – – – – – – 1
\nStatement of Problem – – – – – – 2
\nAims and Objectives of Study – – – – – 3
\nScope and Limitation of Study – – – – – 4
\nResearch Methodology – – – – – 4
\nResearch Questions – – – – – 4
\nLiterature Review – – – – – – – 5
\nCHAPTER TWO: CONCEPTUAL DISCOURSE
\nMeaning of Human Rights – – – – – – 15
\nOrigin and Nature of Human Rights – – – – – 18
\nCharacteristics of Human Rights – – – – – 23
\nGeneration of Human Rights – – – – – – 24
\nDerogable and Non Derogable Rights – – – – 31
\nNotion of Human Rights Standards – – – – – 33
\nConcept of Environment – – – – – 34
\nNature and scope of Environmental Law – – – – 36
\nConcept of Enforcement 43
\nConcept of Environmental Protection- – – – 50
\nConcept of Environmental Rights – – – – – 57
\nCHAPTER THREE: ANALYSIS OF LEGAL FOUNDATION FOR ENVIRONMENTAL RIGHTS
\nEvolution of Environmental Rights – – – – – 56
\nRight to life and to a safe and Healthy Environment – – – 73
\nRight of Access to Environmental Information – – – 77
\nRight to Participation in Environmental Decision making – – 79
\nRight of Access to Environmental Justice and Remedies – – 80
\nRight to Development – – 84<\/p>\n

CHAPTER FOUR:ISSUES, CHALLENGES AND PROSPECTS IN THE ENFORCEMENT OF ENVIRONMENTAL RIGHTS IN NIGERIA<\/p>\n

4.1 Issues Relating to Justiciability and Judicial Attitude – – 87
\n4.2 Challenges in the Enforcement of Environmental Rights – – 89
\n4.3 Prospects – – 93<\/p>\n

CHAPTER FIVE: FINDINGS RECOMMENDATIONSAND CONCLUSIONS
\n5.1 Findings – – – – – – – 103
\n5.2 Recommendations – – – – – – – 104
\n5.3 Conclusions – – – – – – – – 105
\nBibliography – – – – – – – – 107<\/p>\n

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Page Contents<\/p>\n