Evolution of International Environmental Law
Environmental law has evolved alongside scientific discoveries and the growing recognition of environmental risks. Over the years, multilateral and bilateral treaties have been established to address the pressing global concerns of environmental degradation and climate change. The development of international environmental law highlights the increasing value nations place on environmental protection and the need to mitigate human activities that harm the planet.
The evolution of international environmental law reflects a shift from mere acknowledgment of environmental risks to binding commitments by countries. The Paris Agreement epitomises this transition as it requires signatory countries to set targets with the goal of keeping the rise in global average temperature well below 2°C above preindustrial levels, and to limit the temperature increase to 1.5°C.[1] Countries are required to set their nationally determined contributions (NDCs) and the agreement requires signatory parties to report their emissions regularly with global reviews to be conducted every five years to assess progress.
The evolution of international environmental law has prompted countries to develop their own laws and regulations. Nations that are signatories to international treaties have incorporated these commitments into their domestic legal frameworks, alongside the establishment of government agencies dedicated to environmental protection. The increasing prominence of national legislation reflects a growing commitment by countries to address environmental challenges, not only at the international level but also within their own borders. Bilateral agreements have also played a role in this effort. For example, the Canada–United States Air Quality Agreement, signed in 1991, saw both nations pledge to reduce the impact of transboundary air pollution, which contributes to acid rain. In 2000, the agreement was expanded to address ground-level ozone.
National Environmental Regulations
Nigeria has remained active in the international environmental discourse, becoming a signatory to various treaties, such as the United Nations Framework Convention on Climate Change, the Paris Agreement, the Convention on Biological Diversity, and the Montreal Protocol. Nigeria has also introduced national legislation and regulations aimed at addressing environmental and climate change issues. These include:[2]
- Climate Change Act 2021
The Act establishes a legal framework aimed at reducing greenhouse gas emissions and promoting a sustainable environment. It mandates the development of a National Climate Change Action Plan, which will be overseen by the National Council on Climate Change. This Plan will set forth specific goals and objectives while identifying activities to achieve the established carbon budget targets.
The Act applies to all Ministries, Departments, Agencies, as well as both public and private entities. Private entities employing a minimum of 50 staff members are required to implement measures to meet the carbon emission reduction targets. Furthermore, they must appoint a Climate Change Officer or an Environmental Sustainability Officer, who will be responsible for submitting annual reports detailing their efforts in relation to their climate adaptation plan.
- Environmental Impact Assessment Act 1992
The Act mandates that, before any projects are undertaken by the public or private sectors, due consideration must be given to their environmental impact. If it is determined that a project is likely to have significant environmental effects, an Environmental Impact Assessment (EIA) must be conducted in accordance with the provisions of the Act.
The Act also outlines the minimum requirements for an EIA, which include a description of the proposed activities, an analysis of the potentially affected environment, and an evaluation of measures available to mitigate any adverse environmental impacts associated with the proposed activity, among other elements.
- National Environmental Standards and Regulations Enforcement Agency (Establishment) Act 2007
The Act established the National Environmental Standards and Regulations Enforcement Agency (NESREA), which is tasked with enforcing environmental standards, regulations, rules, laws, policies, and guidelines. Under the Act, the Agency is responsible for the protection and development of the environment, the conservation of biodiversity, and the sustainable management of Nigeria’s natural resources. NESREA is also charged with ensuring compliance with international agreements, conventions, and treaties related to environmental issues, including climate change, biodiversity, and ozone depletion.
To fulfil its mandate, NESREA has developed several key regulations, including the National Environmental (Ozone Layer Protection) Regulations, the National Environmental (Air Quality Control) Regulations, and the National Environmental (Surface and Groundwater Quality Control) Regulations.
In addition to national laws and regulations, state governments have also implemented environmental legislation. Lagos State, for instance, enacted the Lagos State Environmental Protection Agency Law, which established the Lagos State Environmental Protection Agency. This agency is responsible for protecting and enhancing the environment. It assists public and private organisations, industries, businesses, and non-governmental organisations in achieving compliance by offering environmentally friendly solutions to various environmental challenges.
The enactment of both state and federal laws, along with the establishment of relevant agencies, demonstrates Nigeria’s active participation in environmental and climate change discussions and initiatives.
Although the trajectory of environmental regulation in Nigeria began slowly and later became reactive,[3] growing awareness of environmental risks and challenges has led to more stringent regulations and the establishment of institutions for environmental management and monitoring.[4] While the effectiveness of these laws may be debated and compliance scrutinised, they signify, along with Nigeria’s engagement in international treaties, that the frameworks governing and regulating the environment are becoming increasingly vital, both in a global context and at the national level.
Environmental Law and Corporations
Beyond international agreements and national regulations, there is a growing demand for corporations, with their outsized influence and power in today’s world to play a larger role in addressing climate change[5] and environmental issues. In addition to being accountable to employees, customers, shareholders, and suppliers, corporations are increasingly expected to demonstrate responsibility in their business practices and commitment to a sustainable environment.
This shift has prompted corporations to make commitments and redefine their corporate social responsibility to encompass environmental and climate change mandates. For example, Microsoft has undertaken several commitments related to carbon, water, waste, and
ecosystems. The company aims to be carbon-negative by 2030 and intends to remove from the atmosphere an amount of carbon dioxide equivalent to all emissions since its founding by 2050. Additionally, it is committed to being water-positive by 2030 and to responsibly design and source materials to achieve zero waste by 2030. As corporations announce these commitments and mandates, they face increased scrutiny regarding their follow-through. There is a pressing need for corporations to match words with deeds[6] as many have professed their commitment to reducing emissions without establishing concrete targets for accountability.
There is also increasing consumer pressure on corporations to prioritise the environment and climate change by developing internal policies that contribute to a sustainable future. Consumers are demonstrating a preference for goods which have little impact on the climate.[7] This pressure extends beyond consumers; younger generations in the workforce are increasingly seeking employment with companies that positively impact climate issues and are turning away from those that neglect climate change.[8] This shift in workforce attitudes has posed challenges for oil and gas companies, which are struggling to attract top talent.[9] Investors are also joining the movement, committing to refocusing their portfolios on companies dedicated to reducing emissions and fulfilling climate and environmental commitments. For example, BlackRock has projected that by 2030, at least three-quarters of its investments in companies and governments will be linked to issuers with scientific targets to cut net greenhouse gas emissions to zero by 2050.[10] This changing mindset illustrates that corporations wishing to thrive and remain competitive in the coming years must take climate change and environmental risks seriously, as consumers, employees, and investors are becoming increasingly discerning in these matters.
However, it is insufficient for corporations to issue blanket statements; they must establish clear goals and actively work towards achieving them. This requires accountability through reliable metrics, regular reporting, and effective communication with shareholders, consumers, investors, employees, and other stakeholders, as well as the general public. Corporations should implement internal practices aimed at reducing their carbon footprint and contributing to a sustainable environment. These practices may include replacing harmful materials with eco-friendly alternatives, adopting technologies that facilitate climate change goals without negatively impacting operations, and utilising clean energy sources.
Furthermore, corporations must have a comprehensive understanding of the national laws and regulations governing the jurisdictions in which they operate. This includes awareness of their legal obligations and the potential risks of non-compliance. For example, Nigeria has industry-specific environmental and climate change laws that regulate business operations, making it essential for organisations to familiarise themselves with these laws, understand their requirements, and ensure full compliance. Engaging legal counsel with expertise in Nigeria’s environmental regulatory framework, as well as global conventions and treaties, is crucial. The legal counsel should also be well-versed in the evolving attitudes towards corporate environmental responsibility. Corporations should obtain regular updates on national laws and
international conventions to ensure they maintain compliance and keep pace with new developments.
As time progresses, corporations will not remain immune to the threats posed by climate change and environmental risks. The adverse effects will increasingly impact supply chains, leading to rising insurance premiums, among other consequences. Additionally, national environmental legislation will continue to evolve and become more stringent, compelling corporations to comply with provisions or face penalties for non-compliance. Large, visible corporations will encounter heightened scrutiny regarding their progress on mandates and commitments, while also being held accountable for their contributions to the current state of climate change and environmental risks.
Global and National Trends
Global trends in environmental law are increasingly focused on climate change and recognising the connection between human rights and environmental protection. David R. Boyd, the former UN Special Rapporteur on Human Rights and the Environment states that ‘all businesses, regardless of size or sector, have a responsibility to respect all internationally recognised human rights, including the right to a clean, healthy and sustainable environment’.[11] In Nigeria, there is a growing emphasis on conducting environmental impact assessments to support sustainable development and prevent ecological disasters. The Federal Ministry of Environment is actively engaged in climate change initiatives, and there is a notable trend towards improving access to justice for environmental issues, ensuring that legal remedies are available for those affected. Furthermore, Nigeria, like many other nations, aims to reduce carbon emissions and has set a target of achieving net zero emissions by 2060.
Conclusion
International environmental law has evolved from an initial recognition by nations of environmental risks and challenges to legally binding obligations. This trend has also permeated the business sector, where corporations are encouraged to set clear goals and objectives and transparently demonstrate their progress. Corporations must understand the risks posed by climate change and environmental factors to both the environment and their operations while holding themselves accountable to their stakeholders. Furthermore, being aware of their legally binding obligations under national laws and regulations is essential for compliance and risk management.
This awareness not only helps mitigate legal risks, but also offers several advantages, including enhanced customer loyalty, access to talent, increased competitiveness, and stronger brand recognition. By recognising and fulfilling these obligations, corporations can better position themselves for success in a sustainable future while effectively addressing the impacts of climate change on their business operations.
If you’re interested in learning how to position your business for success in a sustainable future, email insights@xentialp.com.
[1] United Nations Climate Change, Key Aspects of the Paris Agreement (https://unfccc.int/most-requested/key-aspects-of-the-paris-agreement).
[2] Other laws include; National Oil Spill Detection and Response Agency, 2006, Harmful Waste (Special Provisions Act), 2004 and Water Resources Act, 2004.
[3] Adeola Ogunba, An Appraisal of the Evolution of Environmental Legislation in Nigeria, 40 Vermont Law Review 673 (2016).
[4] Adeola Ogunba, An Appraisal of the Evolution of Environmental Legislation in Nigeria, 40 Vermont Law Review 673 (2016).
[5] Josh Axelrod, Corporate Honesty and Climate Change: Time to Own Up and Act (Feb. 26, 2019)
[6] Peter Eavis & Clifford Krauss, What’s Really Behind Corporate Promises on Climate Change?, New York Times (Feb. 22, 2021, updated May 12, 2021).
[7] Columbia Business School, Leadership Skills Are Needed to Grow Business While Getting to Net Zero.
[8] Columbia Business School, Leadership Skills Are Needed to Grow Business While Getting to Net Zero. Cross reference Financial Times, Oil and Gas Majors Compete to Recruit Talent in Shift to Greener Future, 2021.
[9] Columbia Business School, Leadership Skills Are Needed to Grow Business While Getting to Net Zero. Cross reference Financial Times, Oil and Gas Majors Compete to Recruit Talent in Shift to Greener Future, 2021.
[10] Simon Jessop, BlackRock Expects 75% of Company and Govt Assets to Be Net Zero-Aligned by 2030, Reuters (Apr. 14, 2022).
[11] David R. Boyd, Report of the Special Rapporteur on the Issue of Human Rights Obligations Relating to the Enjoyment of a Safe, Clean, Healthy and Sustainable Environment, U.N. Doc. A/HRC/55/43 (2024).