PROTECTING BIODIVERSITY IN NIGERIA THROUGH THE LAWby | 02-06-2014 08:44 |
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Let us go back a little. Not too long ago, the World Biodiversity Day was marked in virtually every country across the globe as a day to reflect on the state of nature and how much we are prepared as a people, to conserve it not only for our immediate or present use, but also for the use and enjoyment of future generations which at best, is the heart of sustainable development. The Nigerian environmental policy covers the legislations, standards, regulations and administrations adopted to control activities with potential damaging effects on the country's biodiversity. Environmental law in Nigeria is that branch of public law, which contains rules and regulations which have as their object or effect the protection of the environment.* Today, environmental laws in Nigeria have rapidly evolved to consist of framework environmental legislations, sectorial legislations as well as incidental laws. These environmental legislations contain a comprehensive system of laws for environmental management with particular preference and attention to the protection of the country's vast biodiversity. Commendably, the operational legal framework for the protection of biological diversity in Nigeria are basically categorised into two. These are: (1) International legal framework for biodiversity protection which covers a number of international treaties bordering on the protection of nature and its resources which Nigeria is a signatory to, such as the Convention on Biodiversity (CBD), The United Nations Convention on the Laws of the Seas, World Heritage Convention, the RAMSAR Convention on the Conservation of Wetlands of International Importance especially Waterfowl Habitat, the United Nations Conference on Climate Change, Convention on International Trade In Endangered Species of Flora and Fauna, and so on and so forth, (2) National Framework for the Protection of biodiversity in Nigeria which encompasses numerous municipal laws such as the National Environmental Standards And Regulations Enforcement Agency Act, Endangered Species (Control of International Trade and Traffic) Act, Water Resources Act, National Parks Service Act, Nuclear Safety and Radiation Protection Act, Environmental Impact Assessment Act, et cetera. It is my opinion however, that the protection of any country's biological diversity is not, and can never be solely guaranteed by legal frameworks alone. Rather, it is a strict interplay of both legal and other relevant socio-economic and political frameworks. • Y. OSIBANJO, SOME PUBLIC LAW CONSIDERATIONS IN ENVIRONMENTAL LAW (LAGOS, FACULTY OF LAW, UNIVERSITY OF LAGOS, 1990) |