TALE
OF CONTENTS
Title page
Abstract
Table of content
CHAPTER ONE
Introduction
1.1
What
is Environment?
1.2
What
is Environmental Law?
1.3
What is institutional and legal framework?
CHAPTER TWO
STAGES IN
DEVELOPMENT OF INTERNATIONAL ENVIRONMENTAL LAW
2.1
From
Bilateral Treaties to Creation of United Nations in 1945
2.2
From
the Creations of the United Nations to Stockholm (1945 to 1972 )
From
Stockholm to Rio De Janeiro (1972-1992)
2.3
The
Period after Rio De Janeiro Till Date
CHAPTER THREE
EMERGENCE OF
ENVIRONMENTAL LAW IN NIGERIA
3.1
The Colonial Period
3.2
The
Post Independent Period
3.3
The
Reconstruction Decade
3.4
The Awareness Period (1980 to date)
CHAPTER FOUR
COMPARISM OF
DEVELOPMENT OF IEL WITH THE EMERGENCE ENVIRONMENTAL LAW IN NIGERIA
CHAPTER FIVE
Recommendation
and Conclusion
Bibliography
It is as well in
this sense that the Black’s Law Dictionary defines it to mean;
The
totality of physical, economic,
cultural, aesthetic, and social circumstances and factors which surround and affect the desirability and value of property and which also affect
the quality of people lives. The
surrounding conditions, influences or forces which influence or modify
It is along this
line too that the federal environment protection agency Act defined environment as including “water, air,
land and all plants and human beings or animals
living therein and the inter-relationship
which exist among these or any of them”.
The basic
difference between the ordinary
definition of environment and the strict legal definition is that whereas the ordinary definition stops at factors constituting surroundings as the environment; the strict legal definition goes forward to include the
interdependence of the factors and their mutual effects on one another.
However, we
pitch our tent with the definition that says that environment is “the sum
total of all conditions that surround
man at any pint in time on the earth’s
surface”.
What is
Environmental Law?
Environmental
law has been defined as:-
Legal strategies
and procedures designed to combat the pollution, abuse, and neglect
of air, earth, and water resources and to address the management of the public
domain as well as the protection of health and the presentation of scenic resources and open space
Further,
Environmental
law is a complex and interlocking body of treaties, conventions, statutes,
regulations and common law that
operates to regulate the interaction of
humanity and the natural environment, toward the purpose of reducing
the impacts of human activity.
In essence, to
accede or ratify an IEL, the acceding or ratifying nation must have municipally
appreciated the treaty. This is why third word countries find it difficult to
ratify the climate change treaty because the issue of depletion of
stratospheric ozone layer is a creation of industrialized western world. Third
world countries, on this issue, often insist on debt-for-nature swap (that is
waving their debts in other to comply) and creation of world-atmospheric-fund
(that is raising a separate purse for atmospheric matters in order to comply with the treaty which they
feel would stall their developing as the western world). 58
Charges; an established or custom; a person who is a familiar sight in
a locality; a collection of rules or law; institutional adj. Pertaining to an
institution; having organized institution—14
The above definition shows roughly seven meanings the word institution
could be employed. However, for the purpose of this paper, we take it for
granted that the investing of a clergyman with his spiritual charge’, and ‘a
person who is a familiar slight in a locality’ do not apply. The other aspects
of the definition align with the further definition of institution, which we
hereby adopt, as:
The commencement or inauguration of anything as the
commencement of an action. The first establishment of a law, rules, rite, etc.
any custom, system, organization, etc. formally established. An elementary rule
or principle.. 15
On the other hand, ‘framework’ means “a basic structure which supports
and gives shape, or a broad outline plan, ect. Thought of having a similar
function” .16
Similarly, when
Nigeria made the municipal law, FEPA 1988, nobody complained because there were
state sanitation authorities doing similar jobs; but if National Assembly were
to legislate that every day, every Nigerian would do ablution three times as
environmental and or personal hygiene, majority of the southerners, especially
Christians, would honour it in breach because the subject or issue is alien to
them.
In essence, both
international environmental and Nigerian environmental law mutually influence
and affect the development of each other. The third noticeable comparison is
that both laws often start in wishy-washy forms before attaining full and
accalaimable heights. For instance, none of the fishery treaties of pre1945 era
had a near universal application. Even, after 1945, no IEL was of near
universal application until Rio declaration. Similarly, before the first
environmental law in Nigeria (the Harmful waste Decree) aspects of
environmental related provisions were scattered in our laws, here and there;
and their penalties and enforcement were scattered and laughable.
Then, according to Analysis:
Prior to the
establishment of (FEPA) Agency, the structure of the Federal protection of the
environment was predicated on ministries and departments of government which
were expected to deal with environmental problems related to their ministries
functions. Thus, environmental protection was only an incidental protection
function in the performance of the primary duties of these ministries and
department. 59
Abroad
to be a crime within a legal system. The legislating state, cannot, however,
exercise such powers of arrest and trial in the territory of a state other than
its own without the consent of that state 61. this is where the
ultimate cooperation of state parties to
international environmental laws is needed so that foreign nationales who run
global corporations emitting pollutions in any country could be taloned by
their state of origin and prosecuted in view of the fact that they always bribe
the government of their state of operation to keep mute.
In
the same way an International Criminal Court can issue arrest warrants on even
a serving state president for genocide, it can be extended against even a
serving president who blocks extradition of environmental law criminal. Thus,
necessary new extradition treaty could be made and international environmental
law tribunal could be set up because there are more than 1000 treaties in
existence today; and no other area of law has generated such as large body of
conventions on a specific topic.” 62.
Fifthly,
the present ongoing Rio + 20 earth conference should be used to
access real compliance with Rio declarations and to disseminate research
findings in the area of environmental technology and especially as concerning
air pollution because it appears to be the most hazardous aspect of the
environmental degradation. The horror of air pollution is captured Dr. E.O.
Akanki 63 thus:
Human
experience reveals that it is the drama of death by air pollution that stirs up
society to control efforts. But air pollution is also a slow poison, a silent
killer. When air contaminants are low, the effort on human health is not
immediate but cumulative. Therefore, serious damage may be done health wise
long before it is noticed. As in the case of the cadmium poisoning in Japan in
1950, the brewing damage may take years ‘before it rears its head in a severe
disease and ultimately death in susceptible victims. The cumulative affect of
air pollution in man may result in “birth defect”, “reproductive disfuntions”,
“genetical mutations” and “ieurological disorders”
The sociology of
knowledge about Kari Mannheim is
the study of the relationship
between thought and the social context within which it arise and of the
effects prevailing ideas have on
society. It is not a specialized area of sociology but instead deals with broad fundamental questions about the extent and
limits of special influences on
individuals live and the social –cultural
basics of our knowledge about the world.
The
sociology of knowledge was
pioneered primarily by the sociologists Emil Durkheim and Marcerl
mans at the end of the 19th
and beginning of the 20th centuries.
Their word deal directly with how
conceptual through language and logic
could be influenced by the sociological milieu out of which they arise.
“Primitive” group mythology to argue that system of classification are
collectively based and that the division with these systems are derived form
social categories.
Karl Mannheim
ideas in believed that relativism was
a strange mixture of modern and ancient
beliefs in that it contained within
itself a belief in an absolute truth which was true for all times and
place the ancient view most often
associated with Plato and condemned
other truth claims because they could not achieve this level.
ACCORDING
TO KARL MANNHEIM (1893-1947)
According
to Plato in the study of knowledge:
knowledge is called epistemology Plato famously defined knowledge as “justified true
belief however, no single agreed upon definition of knowledge exists through
there are numerous theories to explain it.
The following quote form Bertrand
Russell’s theory of knowledge” illustrates the difficulty in defining
knowledge: the question how knowledge should be defined as perhaps the
most important and difficult of the
three with which we shall deal.
Knowledge
acquisition involves complex cognitive process perception, communication,
association and reasoning while knowledge is also said to be related to the
capacity of acknowledgment for human
being
ACCORDING
TO PLATO ( 427BC – 347BC)
KNOWLEDGE
Knowledge is a familiarity with someone or
something, which can include facts, information, descriptions, or skills
acquired through experiences or education,
it can refer to the
theoretical or practical understanding
of a subject. It can be implicit (as with practical skill or expertise ) or explicit (as with the theoretical understanding of a subject ), it can be more or less formal or systematic
(1) in philosophy, the study of
knowledge is called epistemology; the philosopher
Plato famously defined knowledge as
“justified true belief”. However, no single agreed upon definition of
knowledge exists, through there are numerous theories to explain
it. The
following quote from Bertrand Russell’s “theory of knowledge” illustrates the difficulty in defining knowledge”
Knowledge
acquisition involves complex cognitive processes: perception, communication,
association and reasoning; while knowledge is also said to be
related to the capacity of acknowledgment
in human beings (2)
Theories
of knowledge
Robert Reid, knowledge (1896). Thomas
Jefferson building, Washington, D.C
ROBERT
REID, (1896)
According to Emil Durkheim seen that sociology
knowledge is the study of the relationship
between human thought and the social context within which it arises
and of the effect prevailing
ideas have on societies. It is not a specialized
area of sociology but instead deals with broad fundamental questions
about the extent and limited
of social influences on individual lives and the social culture basics
of our knowledge about the world. While neither author specifically coined nor
used the term sociology of knowledge their work is an important first
contribution to the field. The ideas of Emil Durkherim is concern in
functional analysis in involved in
valv-judgments and oversteps and
oversteps the realm of empirical discipline
the claiming that all aspects of a
society institution roles norms etc
should serve a purpose and that all are indiscipline the claiming that
all aspects of a society institution
roles norms etc should serve a purpose and that all are indispensable
for the long time survival of the society., (1938-17) Emil claimed that the standard of ethical conduct should come from social
facts., our ideas of ethics must be derived form the observable manifestation of
the rule that are functioning under our
eyes, rules that reproduce them in systematic form (1938-23).
ACCORDING
TO EMIL DURKHEIM (1933-17)
According to Marx Weber it is possible to say
anything useful and general about the
subject matter and scope of sociology could
we say for i.e the sociology is the discipline that uses empirical methods to arrive at hypotheses and theories about major social groups, social processes and
social patterns or does a definition like this suffer from both too much abstraction and too much
specificity.
The philosophy are interested in considering general question like these because it
reflects a basic intellectual strategy
with a long tradition in philosopher to attempt to formulate a description
or definition of a certain kind of intellectual pursuit and then
to consider the means through which
this goal might be satisfied.
The ideas of
Marx Weber is interest about the must be traced to the life-condition and the historical
situations of those who uphold them. For
examples its not sufficient to state that the ideas of bourgeoisie distinction must be make between those ideas
that emerge at the beginning of the
bourgeois era and those that come at it height.
ACCORDING
TO MARX WEBER (1946-1949)
In sociology deals with the social and group origins of ideas in its brief history as a
field of study it has included the
entire ideational realm (knowledge ideas, theories and mentalities) in an attempt to comprehend hold that realm
is related to particular social and how
the mental life of a group of people arise within the context of the groups and institutions in which those people live and act.
Moreover recently its
subjected matter has included not only a society’s authoritative ideas and formal knowledge but also which operate
in the realm of everyday life (Swidler A.
Arditi) ideas of the social natural of knowledge the sociology of knowledge has been described as an approach or sub-discipline that has no unified field
but only series of theoretical works and
research agendas. Despite this characterization
the sub-discipline of the
sociology of knowledge is a recognized field of endeavor that continues to draw new generations of sociologist .
ACCORDING
TO SWIDLER A. ARDITI (1994-2003)
According to
merton-1945-1957 is that sociology
of knowledge its a study
only are insofar as it
explains the time and
circumstance of its emergence, acceptance or observation.
It can be sad lesson is the importance of the human
spirit. Mannherims sociology of knowledge
in contrast has a dual
program on the one hand, it may
limit itself to scheler’s
alongside of this value –free conception of relations between organized
claims about the truth of things and the social
activity environment such cultural production massive fact that any philosophical theory of
knowledge must recognize and
that the sociology of knowledge
consequently come upon central epistemological and metaphysical problem of knowledge even if it begins with the more
modest ambitions in the manner of academic sociology.
The Merton idea was concern the
present chapter will not retry
the philosophical case frequently made against we are
content to reopened, most recently in
the name of most structuralize and postmodernist movement of thought.
We proceed to a
reconstruction of sociology of knowledge secure in the belief that
he is exemplary in his honesty
about difficulties encountered in the attempt to distinguish his unfinished
philosophical.
ACCORDING
TO ROBERT MERTON (1945-1957)
According to Macmillan (Karl Emil Weber) noted
that the importance of subjectivity
in social sciences makes creation of fool proof, universal law much more difficult than a
natural sciences and that the among of
objective knowledge that social science may achieve his precariously limited
There
is no absolutely “objective” scientific
analysis of culture … all knowledge
of cultural reality is
always knowledge from the particular points of view an
objective analysis of culture
invents which proceeds according to the thesis that the idea of sciences is the reduction of empirical reality to laws is meaningless because knowledge of social laws is not knowledge of
social reality but is rather attaining this end. Max Weber, 1897
ACCORDING TO MAXMIKLLIAN (KARL EMIL
WEBER (1864-1920)
The sociology of
knowledge about Kari Mannheim is
the study of the relationship
between thought and the social context within which it arise and of the
effects prevailing ideas have on
society. It is not a specialized area of sociology but instead deals with
broad fundamental questions about the
extent and limits of special influences
on individuals live and the social –cultural
basics of our knowledge about the world. The sociology of
knowledge was pioneered primarily by
the sociologists Emil Durkheim and Marcerl mans at the end of the 19th and beginning of the 20th centuries.
Their word deal directly with how
conceptual through language and logic
could be influenced by the sociological milieu out of which they arise.
“Primitive” group mythology to
argue that system of classification are
collectively based and that the division with these systems are derived form
social categories.
Karl Mannheim ideas in believed
that relativism was a strange mixture of modern and ancient beliefs
in that it contained within itself a
belief in an absolute truth which was true for all times and place the ancient view most often associated with Plato and condemned other truth claims
because they could not achieve
this level.
REFERENCES
Rules for the Study of Natural Philosophy”,
Newton 1999
pp.794-6, from the General Scholium, which follows Book
3,
the System of the World.
PLATO (427BC-347 BC)
Karl Mannheim(1893-1947)GB 172 MAN.
DATES OF CREATION,
(193)1946
Robert Merton (1945-1957) Robert Reid,
knowledge (1896).
Thomas Jefferson
building, Washington, D.C
Marx Weber (1946-1949) black expressions
at book club
Emil
Durkheim (1933-17)