CHALLENGES TO THE APPLICATION OF INTERNATIONAL ENVIRONMENTAL LAW IN NIGERIAN COURTS
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Date
2025-09-20
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Department of Commercial and Property Law (now Department of Commercial and Industrial Law) Faculty of Law, Nnamdi Azikiwe University, Awka, Anambra State
Abstract
The global concern for the growing crisis of development and environment has led to the emergence of International Environmental law and adoption of several treaties to deal with environmental issues. Nigeria is a signatory to many environment treaties but few of these treaties have been domesticated into the Nigerian Law. This paper therefore discussed the application of International Environmental Law in Nigerian courts. It also discussed the challenges to the application of International Environmental law by Nigerian Courts. It relied on information from textbooks, journals, newspapers and internet materials. The paper also found that the importance of International Environmental Law to environmental protection globally and particularly Nigeria cannot be over emphasized. It revealed that the application of International Environmental Law in Nigerian Courts is confronted with many challenges; these challenges bother on domestication, judicial attitude, locus standi and remedies. It concluded that the provisions of section 12 (1) of the Nigerian Constitution, which stipulates that a treaty must be domesticated before it can have the force of law in Nigeria is a major hindrance to the application of International Environmental Law in Nigerian Courts. The paper recommended tackling the challenges to the application of International Environmental Law in Nigerian Courts, such as domestication of treaties, widening of locus standi, capacity building for judges.
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NNAMDI AZIKIWE UNIVERSITY JOURNAL OF COMMERCIAL AND PROPERTY LAW