Revisiting the Juridical Protection of Human and Environmental Rights: Brief Lessons from Nigeria, Bolivia and Ecuador

Sacha Journal of Environmental Studies, Volume 5, Number 1, (2015), pp. 88-99

12 Pages Posted: 23 Oct 2017

See all articles by Theodore Okonkwo

Theodore Okonkwo

Faculty of Law, University of Port Harcourt

Kato Gogo Kingston

Faculty of Law, Rivers State University

Date Written: October 10, 2015

Abstract

“There should be no doubt that human activities can and do cause serious environmental problems, or that those problems, in turn, often result in grave harm to human beings. Conversely, a clean and healthy environment is essential to the realization of fundamental human rights and yields great benefits for human beings and communities.” This study acknowledges that human rights and environmental protection are intertwined. It is against this backdrop of generic knowledge that this article seeks to evaluate the efficacy of the contemporary legal developments that are shaping the environment and human rights litigation and debates using Nigeria, Bolivia and Ecuador as examples. We also evaluated the extent of judicial compliance and, how the courts have responded in the light of the evolving international environmental laws in conjunction with the various dimensions of international human rights laws. We reached the conclusion that, certain variables must be put in place within national, regional and international frameworks in order to create the enabling grounds for the effectiveness of the laws and conventions governing human rights and the environment. Amongst others, we recommend that, there should be adequate access to relevant information; inclusive participation in decision making at national, regional and international levels; and, there should be adequate instead of selective enforcement of the relevant laws and regulations in order to guarantee environmental protection which should adhere to the right to safe, healthy and ecologically-balanced settings for human rights to thrive.

Keywords: Environment; Human Rights; International Law

Suggested Citation

Okonkwo, Theodore and Kingston, Kato Gogo, Revisiting the Juridical Protection of Human and Environmental Rights: Brief Lessons from Nigeria, Bolivia and Ecuador (October 10, 2015). Sacha Journal of Environmental Studies, Volume 5, Number 1, (2015), pp. 88-99. Available at SSRN: https://ssrn.com/abstract=3056822

Theodore Okonkwo

Faculty of Law, University of Port Harcourt

Nigeria

Kato Gogo Kingston (Contact Author)

Faculty of Law, Rivers State University ( email )

P.M.B. 5080
Port Harcourt, Rivers State
Nigeria

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