The Judicial Recognition and Enforcement of the Right to Environment: Differing Perspectives from Nigeria and India (R. Temitope Ako)


Rhuks Temitope Ako


Human Rights, Environmental Rights, Comparative Law, Common Law, Constitutional Law, Nigeria, India, Political Economy, Oil


Environmental rights are one of the emerging rights in the arena of international human rights law and international environmental law. This paper analyses the judiciary’s roles in advancing the right to a healthy environment in Nigeria and India. These two countries have certain similarities and yet there exists a remarkable difference between the levels of recognition of the right to environment in both countries. The concept of environment rights will be traced by drawing the link between the environment, human rights and sustainable development. Further, the Nigerian oil industry has impacts on the country’s political economy and the environment of host-communities. In fact, there are reasons why there are certain peculiarities that Nigerian courts face in deciding oil-related environmental cases. An analysis of legal provisions and statutes of both the countries will be presented to highlight the status of the right to environment.


(2010) 3 National University of Juridical Sciences Law Review 423