ABSTRACT
A comparative and reform-oriented methodological approach assesses laws and enforcement practices relating to oil exploration with a view to achieving EJ in developing countries using Nigeria as a case study.
The discussion shows that Nigerian laws are largely outdated and with legislative and regulatory gaps. It also shows inadequate environmental protection to sustain human health, inadequate meaningful public participation, and no equitable accessibility of procedures needed to tackle negative environmental impacts leading to oil-related environmental injustices. It also finds that reform difficulties and government hesitation to enforce aggravate environmental injustice. The research also finds that the US government applies IASs where not in conflict with US laws.
It recommends a review of the laws and enforcement practices through a multi-faceted and comprehensive approach, combined with revision of the laws and regulations to arrive at best enforcement aimed at reducing pollution and environmental injustice in the developing countries using Nigeria as a case study. Using this approach, the book proposes two enforcement models: the economic model using improved punishments, and the citizen suit model of enforcement using the NGOs and private enforcers to optimally deter potential offenders and reduce environmental injustice caused by oil activities. Considering the difficulty faced in Nigeria in either amending or enacting new laws, it also recommends the adoption of EGASPIN as a quick solution and using IASs pending the enactment of new laws.
