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Locus Standi as an Obstacle to Environmental Justice in Nigeria

Locus Standi as an Obstacle to Environmental Justice in Nigeria

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Reference ID: PS-6255-TM

DEDICATION

This research work titled "Locus Standi as an Obstacle to Environmental Justice in Nigeria" is dedicated to God for his enabling grace and to all computer enthusiasts who help to make life a pleasant experience.

ACKNOWLEDGEMENT

I owe my indebtedness to my Supervisor (Name of your Supervisor), the Head of Department (Name of your HOD), the Lecturers in the department of Law, Book Authors and Profound Scholars of existing/related research material for your moral support that facilitated the successful completion of my (Tertiary Institution level). I am grateful to God Almighty and my parent for their financial support in my career. I really appreciate you all for everything, Thank you very much.

ABSTRACT

Environmental Justice is the fair treatment and meaningful involvement of all people regardless of race, colour, sex, national origin or income with respect to the development, implementation and enforcement of environmental laws, regulations and policies.

Environmental Justice emerged as a concept in the United States in the early 1980’s; its proponents generally view the environment as encompassing and seek to redress inequitable distributions of environmental burdens.

In Nigeria, foreign exchange earnings from crude oil sources account for the single most important source of Nigeria’s foreign exchange. Hence, since oil was discovered in the Niger Delta region of the country in commercial quantities in 1956, there have been increased activities in the oil sector in the areas of exploration and exploitation, refining, export and domestic distribution. While these oil activities have generated immense financial benefits for the country, they have also created serious health and environmental problems.

With the increase in the oil activities and its resultant consequences, it became clear that the common law remedies were not easily available to the victims of the pollution. This worked injustice on the victims. Further there was no comprehensive national policy and enforcement statute for the country’s environmental protection. It took the 1988 Koko toxic waste dump for the country to fashion out a national policy on the Environment with supporting statutory legislations.

However, even with the statutory legislation in place the problems of the victims were far from over. These victims hardly get any justice from the courts. This is because of the many impediments that comes with environmental litigation, the most troublesome being the doctrine of locus standi. The doctrine of locus standi is a common law doctrine that has found its way into our legal system. Locus standi is the existence of a right of an individual or group of individuals to bring an action before a court of law for adjudication.

This work seeks to examine the concept of environmental justice in Nigeria, what constitutes Environmental justice, its impediments, and to this extent, we will look at the doctrine of locus standi and its effect on Environmental justice. We will also look at other impediments to Environmental justice. We will also look at few foreign jurisdictions to find out how the concept of environmental justice has been applied. Finally, we will proffer solutions on how best to achieve environmental justice.

This work is divided into five chapters. Chapter one deals with the general introduction. Chapter two deals with the issue of locus standi in Nigeria. Chapter three deals with the challenges of Environmental justice. Chapter four deals with Environmental justice in foreign jurisdictions. Finally, chapter five deal with conclusion and recommendation.

Locus Standi as an Obstacle to Environmental Justice in Nigeria

CHAPTER ONE

1.1 Introduction

… As a prelude to other parts of this study, this chapter will discuss the background upon which this study was initiated, the statement of problems that led to this study, the Aim and Objectives of the study. Others are Significance of the study, Scope of work, Research hypothesis and questions, Limitation of the study and Definition of technical terms.

…

CHAPTER TWO

2.0 Literature Review

2.1 Introduction

This chapter focuses on the review of related literature. A literature review includes the current knowledge as well as theoretical and methodological contributions to a particular topic. It documents the state of the art with respect to the topic you are writing. It surveys the literature in the topic selected. In this research work the literature review includes the …

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