Administrative Law

Empowering Climate Justice: Harnessing Regulatory Frameworks As Catalysts For Sustainable Development

ABSTRACT

The article examines the dynamic interaction between climate justice and regulatory frameworks, highlighting their combined potential as drivers of sustainable development. In the face of growing climate concerns, a just and inclusive response is critical. Our inquiry focuses on the role of regulatory frameworks in promoting climate justice, emphasizing how these frameworks can function as catalysts for transformational and lasting effects. We emphasize the need to promote climate justice by employing regulatory instruments to address climate change while promoting fairness and resilience by exploring case studies and successful models. We hope that this article will provide useful insights for policymakers, researchers, practitioners working at the interface of climate justice and sustainable growth, and every individual concerned about environmental sustainability.

INTRODUCTION

Climate change is a pressing worldwide issue that needs comprehensive and imaginative solutions. The intersectionality of climate justice becomes more visible as we traverse the difficult landscape of environmental sustainability. The article examines the importance of promoting climate justice and the critical role that regulatory frameworks may play as catalysts for sustainable development. We hope to uncover ways that not only minimize the effects of climate change but also promote equitable and inclusive sustainable development by exploring the synergy between regulatory measures and the quest for climate justice.

WHAT IS CLIMATE JUSTICE:

Climate justice has taken various meanings over the years. It is derived from environmental justice. It has been frequently deployed by scholars to emphasize global justice in combating the problem of climate change, i.e., the need for international law to provide binding legal obligations for countries to reduce the emission of greenhouse gases that cause climate change while recognizing the different contributions and priorities of countries. As one public interest group commented:

The historical responsibility for the vast majority of greenhouse gas emissions lies with the industrialized countries of the Global North … It is imperative that the North urgently shifts to a low carbon economy. At the same time, in order to avoid the damaging carbon-intensive model of industrialization, countries of the Global South are entitled to resources and technology to make a transition to a low-carbon economy that does not continue to subject them to crushing poverty.”[1]

Climate justice has also been canvassed as:

“The need for international law to provide legal frameworks that address the direct impacts of climate change such as droughts, flooding, energy security, water scarcity, food scarcity, poverty, unemployment, most especially recognizing current circumstances of poor and small island states who bear a disproportionate burden from the impacts of climate change, and the need to protect their human rights.”[2]

Climate justice is fundamentally a question of distributive justice as such it should entail a fair distribution of environmental resources or benefits (including carbon intense activities) and also environmental burdens, including the impacts of climate change from GHG emissions and ability to adapt.[3]

The concept of climate justice is too wide a concept to be adequately discussed in this paper. This is a result of the personal bias of each writer, and as a result of the various branches the subject of climate justice has been classified into.

As one writer noted:

Ever since 1991, when negotiations to formulate an international treaty on global climate protection began and resulted in the completion, by May 1992, of the United Nations Framework Convention on Climate Change (UNFCCC), scholars, pundits, and government negotiators have called for climate justice in combating climate change. Therefore, the history of the term “climate justice” is arguably as long as the history of debates and negotiations on climate change, itself.”[4]

For the purpose of this paper, we will limit the definition of climate justice to mean the fair and not the equal distribution of responsibility in the fight against climate change while accommodating the developmental needs of underdeveloped and developing nations. 

WHAT IS SUSTAINABLE DEVELOPMENT:

Sustainable development (SD) has become a popular term in contemporary development discourse. However, in spite of its pervasiveness and the massive popularity it has garnered over the years, the concept still seems unclear as many people continue to ask questions about its meaning and history, as well as what it entails and implies for development theory and practice.

The word sustainable development is made up of two words ‘sustainable’ and ‘development’ respectively. The word sustainable means ‘stable’, ‘permanent’, ‘comprehensive’, ‘complete’, and ‘continuous’, while the word development in the Oxford Dictionary means the process of moving towards a higher, perfect and mature state.[5]

In 1987, the United Nations established the Global Environment and Development Commission under the chairmanship of GH Brundtland, Director of the World Health Organization. At that time, the commission elaborated on the concept of sustainable development. The Brundtland report states that sustainable development is “development that achieves the goals of today’s generation, without compromising its ability to meet the needs of future generations.”[6]

According to Robert Allen, sustainable development is:

a lasting tool for human needs and a means to an end. In the concept of sustainable development, pure development after deducting the cost of environmental degradation while calculating the increase in income is called sustainable development. Sustainable development is based on the carrying capacity and regenerative capacity of natural resources.”[7]

REGULATORY FRAMEWORKS ON THE SUBJECT OF CLIMATE CHANGE

International Agreements and Policies


a. Paris Agreement:

The Paris Agreement is a legally binding international treaty on Climate Change, adopted in 2015. It stands as a landmark international accord with the goal of limiting global temperature increase to well below 2 degrees Celsius above pre-industrial levels. Nations that are parties to the agreement commit to nationally determined contributions (NDCs) to reduce greenhouse gas emissions. The agreement emphasizes the importance of financial assistance to developing nations for climate change mitigation and adaptation while also emphasizing a functioning technology mechanism as well as climate-related capacity building for developing countries. [8]


b. Kyoto Protocol:

Although the Kyoto Protocol’s first commitment period ended in 2012, its legacy lives on as a pioneer in the realm of international climate change agreements. The protocol introduced binding emission reduction targets for developed countries and established market-based mechanisms, such as the Clean Development Mechanism (CDM), to encourage emissions reduction projects in developing nations. [9]

c. European Union Emission Trading System (EU ETS):

The EU ETS is a flagship carbon market, representing the world’s largest emissions trading system. Established in 2005, it places a cap on the total greenhouse gas emissions from power plants, factories, and other major emitters. Participants can buy and sell emission allowances, promoting cost-effective emissions reductions.

d. Renewable Energy Standards (RES) in the United States:

Various U.S. states have implemented Renewable Portfolio Standards or Renewable Energy Standards, mandating a certain percentage of electricity generation to come from renewable sources. These standards stimulate the growth of the renewable energy sector and contribute to reducing overall greenhouse gas emissions.

e. China’s 13th Five-Year Plan:

China, as the world’s largest emitter of greenhouse gases, has taken significant strides in addressing climate change. Its 13th Five-Year Plan includes ambitious targets for reducing carbon intensity, increasing the share of non-fossil energy, and promoting green innovation.

Sector-Specific Regulations:
a. Aviation Industry – CORSIA:

The International Civil Aviation Organization (ICAO) has introduced the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA). This program aims to offset the sector’s emissions growth after 2020 by requiring airlines to purchase carbon credits for any emissions exceeding a predefined baseline. CORSIA complements the other elements of the basket of measures by offsetting the amount of CO2 emissions that cannot be reduced through the use of technological improvements, operational improvements, and sustainable aviation fuels with emissions units from the carbon market.[10]


b. Forest Protection and REDD+:

Reducing Emissions from Deforestation and Forest Degradation (REDD+) is a mechanism under the United Nations Framework Convention on Climate Change (UNFCCC) that incentivizes developing countries to reduce emissions from deforestation and invest in sustainable forest management.[11]

National Legislation and Policies:

National Climate Change Policy and Response Strategy (NCCPRS):

The NCCPRS is Nigeria’s overarching framework for addressing climate change. Established in 2012, it outlines the country’s strategies for both mitigation and adaptation. The NCCPRS sets targets for reducing greenhouse gas emissions and encourages the adoption of cleaner technologies, renewable energy, and sustainable practices across industries. It aims to enhance energy efficiency and promote the use of low-carbon technologies to reduce the carbon footprint.[12]

National Environmental Policy (NEP)

The NEP, formulated in 1989 and revised in 1999, provides a comprehensive framework for environmental conservation. It addresses issues such as deforestation, biodiversity loss, and soil degradation. Efforts are made to balance economic development with environmental protection, emphasizing sustainable resource management.

National Climate Change Policy and Response Strategy (2012):

The policy provides a comprehensive framework for addressing climate change, emphasizing both mitigation and adaptation strategies. It covers sectors such as agriculture, water resources, health, and energy, outlining specific actions to be taken for each sector.[13]

Renewable Energy Master Plan (REMP):

Nigeria’s REMP aims to increase the share of renewable energy in the national energy mix. By promoting the development of solar, wind, and biomass resources, the plan seeks to reduce reliance on fossil fuels and mitigate the environmental impact of energy production. The Renewable Energy Master Plan (REMP) seeks to increase the share of renewable electricity in Nigeria, from 13% of electricity generation -mainly met by large hydro- in 2015, to 23% in 2025 and 36% by 2030.[14]

National Policy on Solid Waste Management (2009):

This policy outlines strategies for sustainable solid waste management in Nigeria. It emphasizes waste reduction, recycling, and the development of environmentally sound waste disposal practices.

National Environment Standards Regulations Enforcement Agency (Establishment) Act (2007):

The National Environmental Standards and Regulations Enforcement Agency (Establishment) Act of 2007 is a crucial piece of legislation in Nigeria designed to address environmental concerns and enforce compliance with established standards and regulations. Commonly referred to as NESREA, this Act serves as the legal foundation for the establishment and operations of the agency. NESREA is mandated to ensure the protection and development of the environment, biodiversity conservation, and sustainable development of Nigeria’s natural resources. It works towards preventing and controlling environmental pollution and degradation.


Ongoing Negotiations

Third Session of Global Plastic Treaty Talks:

The global plastic crisis has prompted nations to come together in search of a comprehensive solution. The third session of the Global Plastic Treaty talks, a pivotal moment in the ongoing efforts to address plastic pollution, recently concluded and took place at the UN Environment Programme (UNEP) Headquarters in Nairobi, Kenya. The negotiations brought together representatives from around the world to discuss and draft a treaty aimed at curbing the production, use, and disposal of plastic. The session showcased a delicate balance between ambitious goals and the challenges of overcoming inertia in the face of economic and industrial interests.

  • Ambitious Targets: The main targets of the meeting include:
  • A. Reduction and Recycling Goals:
  • Delegates at the Global Plastic Treaty talks expressed a shared commitment to setting ambitious targets for reducing the production and consumption of single-use plastics. Proposals included a push for increased recycling rates and the development of innovative technologies to address plastic waste at every stage of the product life cycle.
    B.  Extended Producer Responsibility (EPR):
  • Many nations advocated for the inclusion of robust Extended Producer Responsibility frameworks in the treaty. EPR places the onus on manufacturers to manage the entire life cycle of their products, including collection, recycling, and disposal, encouraging a shift towards sustainable and circular plastic economies.

UN Climate Change Conference:

The first Conference of the Parties (COP) was held in Berlin, Germany, in 1995. The 28th COP will be held on the 30th of November – 12th December 2023 in Dubai, United Arab Emirates. It will include the first Global Stock take, where States assess the progress made towards the goals set in the Paris Agreement and chart a course of action. Every year, countries who have joined the United Nations Framework Convention on Climate Change (UNFCCC) meet to measure progress and negotiate multilateral responses to climate change. Today there are 198 Parties to the Convention.

The UNFCCC is a multilateral treaty adopted in 1992 – shortly after the first assessment report by the Intergovernmental Panel on Climate Change (IPCC) in 1990 – to stabilize greenhouse gas concentrations “at a level that would prevent dangerous anthropogenic (human-induced) interference with the climate system.”

Since entering into force in 1994, the UNFCCC has provided the basis for international climate negotiations, including landmark agreements such as the Kyoto Protocol (1997) and the Paris Agreement (2015).[15]

ADDRESSING CLIMATE CHANGE: THE CASE FOR ADOPTING THE EQUITABLE PRINCIPLE OF FAIRNESS IN THE DISTRIBUTION OF STATE RESPONSIBILITIES:

Climate change according to the Intergovernmental Panel on Climate Change refers to:

 “a change in the state of the climate that can be identified (e.g. using statistical tests) by changes in the mean and/or the variability of its properties, and that persists for an extended period, typically decades or longer. It refers to any change in climate over time, whether due to natural variability or as a result of human activity[16]

This usage differs from that in the United Nations Framework Convention on Climate Change (UNFCCC), where climate change refers to a change of climate that is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and that is in addition to natural climate variability observed over comparable time periods.[17]

 Climate change occurs largely due to the production of greenhouse gases (GHG) and simultaneously, through depletion of ozone layer. These two sources of climate change are interlinked: the depletion of the ozone layer is in itself a major contributing factor to global warming and GHGs contribute to causing ozone layer depletion. Other nitrous oxides, carbon monoxide and source gases for aerosols (carbonyl sulphide/OCS and carbon disulphide/CS2 are further causes of ozone layer depletion. The emission of GHGs and the other ozone-depleting agents is mainly due to industrialisation based on the burning of fossil fuels.[18]

Climate crisis is a human crisis and a political crisis, that means that its solutions need to take into account the complex world of global politics. ‘Climate justice’ as a concept recognises that, although global warming is a global crisis, its effects are not felt evenly around the world. The worst effects of the climate crisis – for example extreme heat, flooding and crop failures – are disproportionately felt by countries and communities in the Global South.[19]

Furthermore, it recognises that the blame for creating the crisis we find ourselves in is not shared evenly, either. This position is supported by the growing acceptance of the fact that places which are currently suffering the effects of global warming bear little or no historical responsibility for causing it. Instead, the blame overwhelmingly lies with the rich countries of the Global North which used vast quantities of fossil fuels to power their industrial growth.

Put differently, state responsibility in tackling climate change should not be distributed equally but fairly having regards to their historical contribution to the GHG.  In sharing these responsibilities, developing countries should not be made to suffer equal restrictions in the pursuit of their industrialization agenda as a result of the global commitment to fight climate change as doing so would in turn inflict undue obligations on these developing nations notwithstanding the absence of no wrong doing from them.

The above comments reflect notions of climate justice underpinned by the need to protect poor and vulnerable communities of the world from facing further pressures and threats to their survival and sustenance due to climate change. This understanding of climate justice is the foundation and anchor for proposals to include funding, human rights protection, and compensation mechanisms as parts of the international climate change regime to ensure fair global burden sharing in combating climate change[20]

One of the ways through which principles of climate change can be made operational is through the application of the principle of equity. The central equity question in climate regimes has focused on how the burden of emission reductions should be shared across countries. In view of the different contributions to global environmental degradation, States have common but differentiated responsibilities. Article 3 of the UNFCCC enshrines the principle of common but differentiated responsibilities in the main forum for international climate negotiations and adds the concept of “respective capabilities:” Parties should protect the climate system for the benefit of present and future generations of humankind, on the basis of equity and in accordance with their common but differentiated responsibilities and respective capabilities.[21]

For example, just one country – the United States – is responsible for more than a quarter of all carbon emissions to date, while the total for the entire continent of Africa is under 3%. The UK, though responsible for only 1% of present-day emissions, has a huge historical footprint. Up until 1882, it accounted for over half of all global carbon emissions.[22]

The opinion of Archbishop Emeritus, Desmond Tutu is instructive as it underscores the relevance of climate justice when he stated thus:

No community with a sense of justice, compassion or respect for basic human rights should accept the current pattern of adaptation. Leaving the world’s poor to sink or swim with their own meager resources in the face of the threat posed by climate change is morally wrong. Unfortunately… this is precisely what is happening. We are drifting into a world of ‘adaptation apartheid.” [23]

In addition to the historical responsibility for past emissions, climate justice also demands that while setting the emission reduction targets for the current or future emissions there should be a distinction between ‘survival emissions’ and ‘luxury emission’.[24] That is the distinction between the emissions from developmental projects essential for a reasonable standard of living and those that are a result of luxurious consumption patterns. This is what is referred to as the principle of common but differentiated responsibilities.

The international community must resolve the conflict between the right to development and the environmental cost of that development. Here, in order to get effective support from the developing countries there should be a climate regime that does not put unjust costs on them and insure their right to development.

THE PETROLEUM INDUSTRY ACT, 2021: A TIMELY LEGAL FRAMEWORK FOR SUSTAINABLE DEVELOPMENT:

On 16 August 2021, President Muhammadu Buhari, the then president signed the Petroleum Industry Bill (PIB) 2021 into law, providing a legal, governance, regulatory, and fiscal framework for the Nigerian petroleum industry, the development of host communities, and related matters. The bill became an Act after 20 years or five legislative calendars.[25]

The Petroleum Industry Act, 2021 has five main chapters, namely Governance and Institutions, Administration, Host Community, Fiscal Framework, and Miscellaneous Provisions.

 This part of this paper makes an appraisal of certain sections under the Petroleum Industry Act which seeks to promote sustainable development and host communities’ development which we consider to be in tandem with global commitment geared towards tackling climate change.

Prohibition of Gas Flaring, Obligation to Meet Health, Safety and Environmental Standards:

Gas flaring is the burning of the natural gas associated with oil extraction. The practice has persisted since the beginning of oil production over 160 years ago. It takes place due to a range of issues, from market and economic constraints to a lack of appropriate regulations and political will. According to the World Bank, Flaring is a waste of a valuable natural resource that should either be used for productive purposes, such as generating power or conserved. For instance, the amount of gas currently flared each year is about 140 billion cubic meters[26]

Section 111(2)(c) of the PIA, 2021 which deals with matters relating to licence application among other conditions imposes an obligation on the applicant to meet health, safety, and environmental standards as determined by the Authority.[27]

The Act further mandates the Commission to grant license midstream petroleum operations where it includes an acceptable environmental management plan under section 102 of the Act.[28]

Worthy of commendation is the provision of section 111(3)(d) which provides for the elimination of routine natural gas flaring with the exception being those contained in section 104(1).[29] 

According to the World Bank, thousands of gas flares at oil production sites worldwide, burned Assuming a typically associated gas composition, a flare combustion efficiency of 98%, and a Global Warming Potential for methane of 28, each cubic meter of associated gas flared results in about 2.6 kilograms of CO2 equivalent emissions (CO2e), resulting in over 350 million tonnes is emitted in the form of unburnt methane[30]

On gas flaring, the Act imposes gas flaring penalties on defaulters as contained in section 105(1) of the Act.[31] While this is considered a commendable innovation, the Act failed to stipulate what amount would be paid as a fine, rather it allocated the discretion on the amount payable as a fine to the Commission in regulations under the Act.[32]

The Commission is mandated by section 104(4) to apply the fund received as a penalty for the purpose of environmental remediation and relief of the host communities of the settlors on which the penalties are levied[33]

The Act further mandates licensee before the commencement of petroleum production install metering equipment conforming to the specifications prescribed to every facility from which natural gas may be flared or vented as the Commission or Authority may prescribe under regulation.[34] Failure to comply with the provision of section 106(1) attracts a penalty as may be prescribed by the Commission[35]

The Act protects trees, or objects which is of commercial value, or object of veneration to the people resident within the licensee or lease area.[36] It provides that a licensee who breaches the above provision shall pay adequate compensation to the victims[37]

Non-compliance with environmental obligations as required by law or the provisions of the licence granted shall be a ground for the revocation of the licensee licence.[38]

The above sections of the Petroleum Industry Act, of 2023 are without doubt a clear indication of Nigeria’s commitment to end gas flaring.

Host Communities Development:

The host communities’ development is contained in chapter three of the Act. Its objectives include:

  •  Fostering sustainable prosperity with the host communities;
  • Provide direct social and economic benefits from petroleum operations to host communities;
  • Enhance peaceful and harmonious co-existence between licensees or lease;
  • Create a framework to support the development of host communities.

It should be noted that unless as otherwise provided by the Act, failure by any holder of a licence or lease governed by the Act to comply with its obligation under chapter three of the Act after having been informed of such failure in writing by the Commission or Authority as the case may be grounds for revocation of the applicable licence or lease.[39]

 The PIA defines upstream operators as the settlors. Each operator is required to set up a host community fund and contribute 3 percent of its operational expenditure from the previous year into the fund.[40] Members of the trustees and management of the fund do not have to come from the host community of operation, to allow for expertise. However, the host community will be represented on the board of the fund.[41]

Seventy-five percent of the fund is earmarked for capital projects, 20 percent for investment by way of reserve, and 5 percent is to be allocated to administrative expenses. On paper, this looks good. The combined allocation for investment and savings addresses the concern about human development and the future generations in communities that may be affected by environmental degradation from extractive activities.[42]

A settlor can define ‘community’ to include impacted communities, which might not be the direct host but are affected by the exploration or production work in the primary community, or where the settlor has assets. This provision is in tandem with the advocacy for the compensation of victims of climate change.  The 3 percent to be contributed as a host community fund could be as high as $500 million per year.[43]

Quite astutely, given the history of the negative impact host communities suffer as a result of the activities of these oil companies, the above provisions will provide the necessary financial resources needed to carry out developmental projections within the host communities.

Despite the goodwill anticipation on PIA, the need to pay attention to competitiveness and risk mitigation in the industry and to the dangers of these oil companies operating without restrictions remains high.

The Commission must in addition take preemptive steps to prevent the juicy provisions of the Act being rendered toothless or devoid of legal might capable of biting the violators of the Act.

CONCLUSION

Finally, “Empowering Climate Justice: Harnessing Regulatory Frameworks as Catalysts for Sustainable Development” illustrates the critical role that regulatory frameworks play in driving nations toward a more sustainable and just future. The pursuit of fair results for communities disproportionately affected by climate change demonstrates the relationship between climate justice and regulatory actions. As global discussions and policies evolve, the incorporation of strong regulatory frameworks becomes critical for effecting significant change. These frameworks serve as catalysts for sustainable development, driving nations toward environmentally responsible behaviors, social justice, and economic resilience.

As nations work towards a collective agreement and strategies to tackle climate change, finding common ground between ambitious targets and the practicalities of implementation remains a formidable task. There is an urgent need for a coordinated, inclusive, and adaptive approach to tackle these issues, ensure climate justice, and pave the way for a sustainable future. 

The path to climate justice is a collaborative effort that necessitates the cooperation of governments, industry, and individuals in order to construct a resilient and sustainable environment for present and future generations.

RECOMMENDATIONS

  1. Strengthen and Enforce Existing Regulations:

It is essential to evaluate and strengthen existing regulatory frameworks related to climate justice. Governments should prioritize the enforcement of environmental regulations to ensure accountability and adherence to sustainable practices. Regular assessments and updates of these frameworks will help address emerging challenges and opportunities.

  • Inclusive Policy Formulation:

To truly empower climate justice, regulatory bodies should adopt an inclusive approach to policy formulation. This involves engaging diverse stakeholders, including marginalized communities, indigenous groups, and civil society, in decision-making processes. Their perspectives and traditional knowledge can contribute to more holistic and effective regulatory solutions.

  • Implement Robust Monitoring and Reporting Systems:

Establishing comprehensive monitoring and reporting systems is crucial for tracking the impact of regulatory measures. Governments and regulatory bodies should invest in technology and data infrastructure to collect, analyze, and disseminate information transparently. This enhances accountability and allows for evidence-based decision-making.

  • Foster International Cooperation:

Climate change knows no borders, and effective regulatory frameworks must extend beyond national boundaries. More avenues for international cooperation and information sharing should be encouraged to address global challenges collectively. Collaborative efforts can lead to the development of best practices, shared resources, and a more coordinated response to climate justice issues.

  • Promote Green Technologies and Innovation:

Regulatory frameworks should incentivize the development and adoption of green technologies. This includes supporting research and development initiatives, providing financial incentives for sustainable practices, and creating favorable conditions for businesses that prioritize environmentally friendly innovations.

  • Prioritize Vulnerable Communities:

Emphasize the inclusion of vulnerable and marginalized communities in climate justice policies. Regulatory frameworks should incorporate mechanisms to ensure that these communities not only have a seat at the table but also receive targeted support and resources to adapt to and mitigate the impacts of climate change.

  • Economic Instruments for Sustainable Practices:

Integrate economic instruments, such as carbon pricing and green taxation, within regulatory frameworks. By attaching a cost to environmental degradation, businesses are incentivized to adopt sustainable practices. These economic mechanisms can drive innovation and fund climate justice initiatives.

  • Education and Capacity Building:

Implement educational programs and capacity-building initiatives to raise awareness about climate justice and the importance of regulatory frameworks. This includes training for government officials, businesses, and communities to ensure a shared understanding of the goals and benefits of sustainable development.

  • Adaptability and Flexibility:

Recognize that climate change is dynamic, and regulatory frameworks must be adaptable to evolving circumstances. Building flexibility into policies allows for responsive adjustments as new scientific findings, technologies, and socio-economic factors emerge.

  1. Public Participation and Advocacy:

Encourage active public participation in decision-making processes related to climate justice. This not only strengthens the democratic process but also ensures that policies align with the needs and aspirations of the broader population.


[1] Climate Justice, GLOBAL JUSTICE ECOLOGY PROJECT, http://globaljusticeecology.org/ climate justice.php Accessed 25th November, 2023.

[2] MARY ROBINSON FOUNDATION: CLIMATE JUSTICE, DECLARATION ON CLIMATE JUSTICE 1 (2013), http://www.mrfcj.org/our-work/equity-and-climate-justice/declaration-climatejustice.html. Accessed 25th November, 2023.

[3] C. Okereke, Climate Justice and the International Regime, Wiley Interdisciplinary Reviews: Climate Change 1(3) (2010). J. Paavola and W. N. Adger. Justice and Adaptation to Climate Change. Working Paper 23, (Norwich: Tyndall Centre for Climate Change Research, 2002)

[4] Damilola S. Olawuyi, Advancing Climate Justice in International Law: An Evaluation of the United Nations Human Rights-Based Approach, 11 Fla. A&M U. L. Rev. (2015). Available at: https://commons.law.famu.edu/famulawreview/vol11/iss1/3 Accesed 23th November, 2023

[5]  Awasthi A. P., Development Administration (Laxminarayan Agrawal Publication Agra 2004)

[6] https://www.iisd.org/mission-and-goals/sustainable-development accessed 22th November, 2023.

[7] Sonawane Manik, ‘Environmental Protection for Sustainable Development’ (2013) Interlink Research Analysis Journal 15

[8] The Paris Agreement | UNFCCC https://unfccc.int/process-and-meetings/the-paris-agreement?gclid=CjwKCAiAvJarBhA1EiwAGgZl0Hn-8CnRx7SPAFI5UXpae3aM5KdghkFeD2bivh9c51JCNFwna1ky8BoCKvgQAvD_BwE accessed 29th November, 2023

[9] What is the Kyoto Protocol | UNFCCC https://unfccc.int/kyoto_protocol

[10] Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) https://www.icao.int/environmental-protection/CORSIA/Pages/default.aspx accessed 29th November, 2023

[11] What is REDD+? | UNFCCC https://unfccc.int/topics/land-use/workstreams/redd/what-is-redd

[12] National Policy on Climate Change https://climatechange.gov.ng/wp-content/uploads/2020/09/national-climate-change-policy-1-1.pdf accessed 29th November, 2023

[13] National Climate Change Policy for Nigeria https://climatechange.gov.ng/wp-content/uploads/2021/08/NCCP_NIGERIA_REVISED_2-JUNE-2021.pdf

[14] Nigeria Renewable Energy Master Plan https://www.iea.org/policies/4974-nigeria-renewable-energy-master-plan accessed 29th November, 2023

[15] UN Climate Change Conferences – the United Nations https://www.un.org/en/climatechange/un-climate-conferences#:~:text=The%20first%20Conference%20of%20the,chart%20a%20course%20of%20action.

[16] fact_sheet_climate_change_science (unfccc. int) accessed 23rd November, 2023

[17] ibid

[18] Christian Roschmann, Climate Change and Human Rights accessed in https:// www.jstor.org/stable/j.ctv941w8s.12 accessed 23th November, 2023

[19] https://www.globalwitness.org/en/blog/what-climate-justice/?gclid=Cj0KCQiA6vaqBhCbARIsACF9M6muMAK5R7UkLMZ2ffQLbYRTWKFDL-KhefoDT66dnv_ocJJJi5nouGQaAibtEALw_wcB accessed 23th November, 2023

[20] UNFCCC article 4 identifies least developed countries and small island states as being the most vulnerable to the adverse effects of climate change. UNFCCC Article 4 provides: “The developed country Parties and other developed Parties included in Annex II shall also assist the developing country Parties that are particularly vulnerable to the adverse effects of climate change in meeting costs of adaptation to those adverse effects.” UNFCCC Article 5 also provides that the developed country Parties and other developed Parties included in Annex II shall take all practicable steps to promote, facilitate, and finance, as appropriate, the transfer of, or access to, environmentally sound technologies and knowhow to developing country Parties, to enable them to implement the provisions of the Convention. UNFCCC, supra note 8, at arts. 4-5. For an excellent discussion of the idea of climate compensation for developing countries, see Maxine Burkett, Rehabilitation: A Proposal for a Climate Compensation Mechanism for Small Island States, 13 SANTA CLARA J. INT’L L. 81 (2015); see also Damilola S. Olawuyi, Proposal for a Climate Compensation Mechanism for Small Island States: Response to Maxine Burkett, 13 SANTA CLARA J. INT’L L. 133 (2015).

[21] United Nations Framework Convention on Climate Change, May 9, 1992, S. Treaty Doc No. 102-38, 1771 U.N.T.S. 107 (entered into force Mar. 21, 1994) [hereinafter UNFCCC]

[22] What is Climate Justice, available at https://www.globalwitness.org/en/blog/what-climate-justice/?gclid=Cj0KCQiA6vaqBhCbARIsACF9M6muMAK5R7UkLMZ2ffQLbYRTWKFDL-KhefoDT66dnv_ocJJJi5nouGQaAibtEALw_wcB accessed 23rd November, 2023

[23] Human Development Report 2007/2008 – Fighting Climate Change: Human Solidarity in a Divided World available at

https://reliefweb.int/report/world/human-development-report-20072008-fighting-climate-change-human-solidarity-divided?gad_source=1&gclid=CjwKCAiAjfyqBhAsEiwA-UdzJG-exmnlUyWGyBnS_jB5zuCpjoI94UxXUmty_XD05idJ1vjXzqDtIRoCm2IQAvD_BwE accessed 23rd November, 2023

[24]  Anil Agarwal and Sunita Narain, Global Warming in an Unequal World: A Case of Environmental Colonialism (Centre for Science and Environment, New Delhi, 1991).

[25] https://www.financialnigeria.com/what-you-should-know-about-the-petroleum-industry-act-blog-655.html accessed 23th November, 2023

[26] https://www.worldbank.org/en/programs/gasflaringreduction/gas-flaring-explained accessed 27th November, 2023

[27] Petroleum Industry Act, (PIA) 2021

[28] Section 111(3)(b) PIA, 2021.

[29] PIA, 2021. See section 107 of the PIA, 2023

[30] Ibid at 17

[31] PIA, 2021

[32] Section 104(1) and section 231 PIA, 2022.                 

[33] PIA, 2021

[34] Section 106(1) PIA, 2021.

[35] Section 106(2) PIA, 2021

[36] Section 102(1) PIA, 2021

[37]Section 102(3) PIA, 2021

[38] Section 120(1)(h) PIA, 2021

[39] Section 238 PIA, 2021

[40] Section 240(2)) PIA, 2021

[41] Section 235, PIA, 2021

[42] Section 241 and Section 244 PIA, 2021

[43] https://www.financialnigeria.com/what-you-should-know-about-the-petroleum-industry-act-blog-655.html accessed 24th November, 2023.