@article{2021:akpoghome:prevention,
title = {Prevention of trans-boundary environmental impact: legal framework and challenges of implementation},
year = {2021},
note = {Trans-boundary environmental impact occurs where development projects
in one country or state have extra-territorial effect on neighbouring
state and this aspect of environmental law falls squarely within the
purview of international environmental law. This paper examines the
prevention of trans-boundary environmental impact, legal framework and
challenges of implementation in Nigeria and generally. The paper
adopts a doctrinal approach. The paper discusses trans-boundary
environmental impact and its origin in Nigeria. The paper notes that
the first trans-boundary environmental impact in Nigeria happened in
1988 and prior to that there was no substantive environmental
legislation in place. The paper evaluates the existing domestic and
international legal frameworks and discovers that the substantive
domestic law in Nigeria, lacks the necessary impetus to address
environmental impact of a trans-boundary nature. The paper further
finds that the international framework are not complemented by strong,
substantive international law. Some of these treaties are married by
vague language and weak enforcement mechanisms. The paper notes that
there are several challenges preventing implementation of
trans-boundary EIA and includes cost of trans-boundary EIA, limited
access to document in the affected areas and unwillingness of the
public to participate with an activity in another state. The paper
recommends that the existing legal frameworks both at the national and
international fora should be supported by strong substantive laws to
enable implementation and concludes that the challenges can be
overcome by specifying the parameters for determining the significance
of effects, encourage public participation and dispute resolution
mechanisms. Key Words: Environment, Assessment, Impact, Prevention,
Challenges, Implementation},
journal = {KAS African Law Study Library},
pages = {321--355},
author = {Akpoghome, Theresa U. and Akpoghome, Godwin U.},
volume = {8},
number = {3}
}