This Article is written by Shittu Shijuade Sultan, a Third-Year Law Student of Lagos State University

Pollution is the contamination of the environment; it takes different modes and forms causing a big problem in the community. Laws are important and very necessary in combating pollution as they serve as a tool in reducing pollution and protecting the environment through various regulations, statutes, and punishments put in place to stop polluters and ensure everyone is doing their part to keep the environment clean.

Seeing that pollution is a consistent global problem and threat to both human health and the ecosystem, the leaders and governing powers around the world have enacted laws to control and mitigate pollution and its effect on Earth globally.

IMPORTANT LEGISLATIONS ON POLLUTION CONTROL

These are the laws and initiatives agreed upon by multiple countries for the control of pollution and serve as a leading source of laws on environmental protection.

· THE MONTREAL PROTOCOL (1987)

The Montreal Protocol, signed on September 16, 1987, in Montreal, Canada, is one of the most successful environmental agreements ever made, it's is an international treaty aimed at reducing the production and consumption of ozone-depleting substances (ODS) for the protection of the environment, human health and the ozone layer.

The Montreal Treaty has been ratified by over 195 countries and has universal participation. The provisions of the treaty regulate over 90 ozone-depleting substances (ODS) including carbon tetrachloride, halons, methyl chloroform, etc. Although there were some exemptions to medical devices and laboratory equipment. This protocol also implemented a review process to monitor the progress of the participating countries.

The treaty has led to the recovery of the ozone layer, also a decrease in ODS emissions and It has also contributed to the reduction of greenhouse gas emissions. The Montreal Protocol has led to good cooperation between the numerous countries participating.

· THE BASEL CONVENTION (1989)

This treaty was adopted on March 22, 1989, in Basel, Switzerland, and was put in force on May 5, 1992. The Basel Convention set in place rules guiding and controlling the transboundary movement of hazardous waste e.g. chemical waste, industrial waste, nuclear waste, etc. The rules and protocols set by this treaty include

v Transboundary movement procedures ;

Ø Notification and consent of the county to which the hazardous chemicals are to be exported.

Ø Parties must use top and standard documentation to track hazardous waste movement. This is a crucial rule.

Ø Moving or transporting hazardous waste must be packaged and labeled according to the appropriate standard provided by the law.

v Import and export procedures ;

Ø Import or export of hazardous waste can be restricted or banned to avoid the risks that come with them or prevent damage to surrounding areas.

Ø The treaty bans exports to countries without adequate disposal facilities.

Ø Restriction of the import of hazardous waste for disposal.

Ø export of hazardous waste to developing countries is banned

The treaty is in force in over 180 countries and has made a big impact and led to the reduction of transboundary movement of hazardous waste, improved environmental waste management, and increased international cooperation.

· THE ENVIRONMENTAL LIABILITY DIRECTIVE (ELD)

This directive was established by the European Union and entered into force in 2007 it contains an EU-wide liability regime for environmental damages. According to the EU, this is to make those that have caused environmental damage to be liable for their actions. The environmental liability directive (ELD) provides a strong initiative to avoid damage being done in the first place, it is a directive that serves both preventive and conservative purposes.

The provisions of the (ELD) include;

Ø Strict liability for the damage caused by an individual or company to the environment, regardless of the fault.

Ø Fault-based liability for environmental damages cases by an operator's negligence or intent.

Ø The directive states that operators must take preventive measures to avoid environmental damage.

Ø Offenders must remedy the damage they cause to the environment.

Ø Ensures access to justice for people or organizations affected by environmental damages.

The effects of these laws have encouraged sustainable development of the environment while also holding any offenders accountable for their actions and ensuring remedies are given to the affected. The ELD is an important tool for the EU, in ensuring environmental protection, conservation, and accountability. Its implementation is critical to the achievement of a well-protected environment.

· THE PARIS AGREEMENT (2015)

The Paris Agreement of 2015 is an internationally recognized agreement on climate change. It is a legally binding international treaty and it was adopted by 196 parties at the UN Climate Convention (COP21) in Paris, France, on 12 December 2015. It entered into force on the 2nd of November 2016. The agreement was in response to the rising threat of climate change.

Some of the effects the treaty wishes to have been to ensure that participating countries reduce their greenhouse emissions and urge developed countries to help finance developing countries in achieving their goals.

PRINCIPLE LS OF POLLUTION LAW

The principle LS of pollution law is;

Ø Polluters pay principle: this policy requires that polluters pay for the cost of prevention or remedies for the pollution of the environment. It also helps discourage pollution.

Ø Precautionary principle: this principle takes preventative measures to avoid pollution being done in the first place, even before the act is done.

Ø Sustainable development principle: this is a principle that ensures the community keeps the environment to the proper and expected standard.

Ø Equity principle: this principle provides a fair distribution of tasks and environmental obligation on everyone, including both cost and benefits.

Ø Public participation: for pollution law to properly be it not just has to be enforced, it must also involve the public in the decisions made for the environment.

Ø Preventive principle: this principle highlights the importance of preventing pollution, Efforts should be put in place to ensure that polluters do not pollute the environment, rather than putting effort to clean up pollution after it has been done.

Pollution laws have made a big impact on the ecosystem due to the directives and principles enforced and implemented by relevant international legislation. The milestone of achievements includes the reduction of greenhouse emissions, environmental awareness, and a build-up in international cooperation.

CHALLENGES AND LIMITATIONS OF POLLUTION LAWS

Even with thorough planning and vast application, pollution laws still face some complications. Some examples are ;

1. Enforcement and compliance: pollution laws still have to be accepted by willing parties in other to have bigger and stronger effects on society and the countries or parties who agree to enforce them so not always comply in the long run leading to setbacks and slow progress.

2. Pollution impact: some member parties have trouble with evolving the science behind pollution laws and have no proper method of dealing with the impact caused by pollution.

3. Global cooperation: organizing collective international efforts is a big hurdle in promoting the enforcement and implementation of pollution laws.

4. Ensuring fairness: some policies might negatively affect a particular party more than others which may seem unfair and result in noncompliance

5. Finance: financial limitations are a big problem and they cause huge setbacks in the progress of most developing countries that may have trouble implementing pollution law policies.

In conclusion, pollution is a consistent global issue that is affecting the environment and there is a need for laws to be put in place to face the situation, legislations play a big role in ensuring that the proper steps are being taken to ensure pollution is monitored and mitigate in the environment. Laws are also put in place to punish and discourage polluters from damaging the ecosystem.

REFERENCES/CITATIONS

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3. 1992 UN Framework Convention on Climate (https://unfccc.int/resource/docs/convkp/conveng.pdf) accessed on (17, September 2024).

4. Federico Cheever, Celia I. Campbell-Mohn, ' Principles of environmental law ' (2023/2024), https://www.britannica.com/topic/environmental-law/Principles-of-environmental-law , accessed on (17, September,2024).

5. Tejvan Pettinger, 'Policies to reduce pollution' (2019), https://www.economicshelp.org/blog/11077/environment/policies-to-reduce-pollution/ , accessed on (17, September 2024).

6. Richard L. Revesz and Michael A. Livermore, ' environmental law and policy ' (2023), https://faculty.westacademic.com/Book/Detail/348138, accessed on (17, September,2024).

7. Mark A. Drumbl, Waging War Against the World: The Need to Move from War Crimes to Environmental Crimes, 22 Fordham Int'l L.J. 122 (1998). https://ir.lawnet.fordham.edu/ilj/vol22/iss1/3, accessed on (17, September 2024).

8. Guus J. M. Velders guus.velders@mnp.nl, Stephen O. Andersen, John S. Daniel, The importance of the Montreal Protocol in protecting climate (2007), https://www.pnas.org/doi/abs/10.1073/pnas.0610328104?gad_source=1&gclid=Cj0KCQjwr9m3BhDHARIsANut04YZ0HRMygzIRmQM04eVrrykvT7hC5eCgEgxwt8hb3YbTuWPtt1ZH6IaAkSOEALw_wcB , accessed on(17, September 2024).