ABSTRACT OF ENVIRONMENTAL LAW AND POLICY

BY SIMPSON & FAGBOHUN

More than ever before, the debate on Environment has assumed phenomenal importance at the global, national and local levels. No longer, for instance, is it taken that the natural resources of mother earth are infinite and incapable of being exhausted. Looking back at the earlier part of the twentieth century, we can steadily recall all that have brought about the comprehensive deterioration in the state of our environment. Top in the list is mankind's wasteful exploitation of natural resources. We can also talk of extensive pollution of the air, water, and land, the release of contaminants into the environment, extensive distortion and destruction of our food chain, ill-advised intrusions on the ecosystem among several others.

Although the geographic distribution of the unfavourable impact of the above highlighted events varies from district and country to country, there is a general consensus that they have greatly contributed to a reduction in human life expectancy. Equally, they have decreased biodiversity and taken their toll on the genetic reserve of economically importantly wild plant and animal species, ecosystems and the global economy in general.

Several issues have been identified as the root of the above interrelated threats facing our environment. From Stockholm in 1972 to the Brundtland Report of 1987 and the Earth Summit of 1992 (which resulted in the Rio Declaration), the common grounds especially as they affect developing countries are that environmental awareness is low; there is a lack of integrated monitoring and information systems; coupled with limited and inadequately developed municipal administrative systems. In order to mitigate against these defects, different countries have introduced varying measures. All these have entered on the establishment of or extensive revision of environmental laws, and the promotion of policies that can aid effective management of the environment.

Since issues on the environment will always remain complex while the responsibilities will continue to be divided, there must always be an overview of the environmental situation from time to time to enable for the formulation of appropriate strategies. This is what the Law Centre of the Faculty of Law, Lagos State University in collaboration with Shell Development Company Nigeria Limited have sought to achieve with the International Conference on Environmental Law and Policy. The idea of this book took shape after that conference was held between 19 th and 21 st March, 1997.

The contributors of the 25 chapters of this book have identified and explored some, but by no means all, of the salient issues fundamental to achieving permanent sustainable development in the socio-economic and environmental conditions in which we have found ourselves as we transit into the 21 st century. In accordance with the theme of the Conference ‘'Towards a Flexible, Efficient and Effective Environmental Strategy in the 21 st Century'' , each of the contributors have reflected how short-term and medium-term objectives can be made the basis for achieving general long-term strategic objectives.

Given the varied background of the contributors, their expertise and exposure, they have approached the issues from different perspectives using substantially different styles. By and large, however, there is unanimity of conclusion on several points, among which are:

•  that our generation bears a responsibility to future generations;

•  That the state of the environment is a reflection of the state of the economy and vice versa

•  The need for a parallel shift in focus from the consequences to causes;

•  The need for active implementation and enforcement of national environmental policy in all areas of the economy and in the service sector;

•  That polluters have primary responsibility in eliminating environmental damage for which they are responsible notwithstanding the reciprocal nature in the overall scheme of the environment;

•  The continuous need for assessment of the effect and impact of disruptions of nature on human health, other living organisms, irreplaceable natural and cultural heritage, non-renewable resources;

•  An understanding of the socio-cultural set-up of each and every community in the formulation of solutions to their environmental problems;

•  The need to pool financial and non-financial resources for regional co-operation; and

•  The need to respect life in all its forms and for all natural and cultural values.

Taking a cue from Professor Philippe Sands in the book ‘ Greening International Law' , we hasten to add that each contributor is responsible for the content of his or her contribution. Similarly, each chapter tell its own tale, and must be considered in the context of the particular social, economic, political and legal contexts in which it is situated.

The 25 chapters of this book constitute the basis for the environmental orientation of the society and for national environmental policy in a way that will flexibly and effectively harmonize human activities with nature for the preservation of our environment. The chapters have been divided into six parts. The division into parts should not be seen as reflecting the distinct characters of the chapters. The idea simply is to enable readers draw out principle and conclusions as might be relevant under the different parts.

While we acknowledge the fact that the contributors have addressed important issues of environmental concern, it is worth noting that there are several other important issues of environment environmental concern that have not been touched. In this regard, we do not claim that this has brought the curtain down on Environmental Law and Policy. However, we can confidently assert that this book has fulfilled the objective of reflecting Law and Policy as two most potent weapons in the fight against environmental degradation and for environmental sustenance and rehabilitation.