2016•SSRN Electronic JournalOpen access

An Examination of the Sources of Nigerian Environmental Law

Osahon Omoregie

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Abstract

The paper is a modest attempt to examine the sources of environmental law with particular reference to Nigeria. Formal sources such as the common law of England, case law, international law, the constitution and other Nigerian statutes and laws form the fulcrum of the discourse. The paper explore how these bodies of laws contribute to environmental protection in Nigeria and the inter-relationship between them. The paper reveals that the English common law falls short of contemporary complexities and technical demands; Nigerian statutes and laws protecting the environment though numerous, are fraught with limitations and loopholes; whereas, case law and international law greatly enrich the corpus of rules protecting the environment.

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What this paper is about

The paper is a modest attempt to examine the sources of environmental law with particular reference to Nigeria. Formal sources such as the common law of England, case law, international law, the constitution and other Nigerian statutes and laws form the fulcrum of the discourse. The paper explore how these bodies of laws contribute to environmental protection in Nigeria and the inter-relationship between them. The paper reveals that the English common law falls short of contemporary complexities and technical demands; Nigerian statutes and laws protecting the environment though numerous, are fraught with limitations and loopholes; whereas, case law and international law greatly enrich the corpus of rules protecting the environment.

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Available abstract

The paper is a modest attempt to examine the sources of environmental law with particular reference to Nigeria. Formal sources such as the common law of England, case law, international law, the constitution and other Nigerian statutes and laws form the fulcrum of the discourse. The paper explore how these bodies of laws contribute to environmental protection in Nigeria and the inter-relationship between them. The paper reveals that the English common law falls short of contemporary complexities and technical demands; Nigerian statutes and laws protecting the environment though numerous, are fraught with limitations and loopholes; whereas, case law and international law greatly enrich the corpus of rules protecting the environment.

Key concepts: Law, Statute, Common law, Environmental law, Political science, Municipal law, Constitution, Sources of law

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