The Polluter Pays Principle and Nigerian Legal Framework for Aviation Pollution Mitigation

Abstract

The challenges posed by aircraft engine emissions on human health and the global environment are of serious concern; as the demand for aviation services increases with the growing population, the challenges intensify. Reducing the environmental impacts of air transportation depicts a doubtable issue, particularly because curtailing aircraft engine pollution is cost-effective. In tackling this issue, one key aspect of achieving the same is formulating well-organized policies. Acknowledging this fact, the Nigerian Parliament has adopted the polluter pays principle (PPP) into the Nigerian legal instruments. Most of the environmental laws and regulations in Nigeria are embellished with the aura of the polluter pays principle. The PPP advocates that polluters should pay for the pollution caused by them. In the aviation sector in Nigeria, this principle proposes that airlines and other aviation-connected actors should be responsible for the costs of environmental impacts such as noise pollution, aircraft engine emissions and other forms of pollution emanating from the sector. The paper found out that the Civil Aviation Act of 2022 and the Civil Aviation Regulation of 2023 did not make express provisions but implied provisions for PPP. Nevertheless, the newly adopted International Civil Aviation Organisation (ICAO) Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) provided for PPP under aviation laws in Nigeria. This paper adopted the doctrinal method of research. Thus, primary and secondary materials such as books, journals and internet materials were used.

Keywords: Polluter pays principle, aviation, legal framework, environmental, Nigeria