NOT IN MY BACK YARD (NIMBY): EXAMINING GLOBAL ENVIRONMENTAL RACISM THROUGH THE LENS OF THE TRANSBOUNDARY MOVEMENT OF HAZARDOUS WASTE

Obed Chimzurum Soludo(1), Ayodele Morocco-Clarke(2),


(1) (LL.B. (Hons), B.L., Associate at Olaniwun Ajayi LP
(2) Legal Practitioner and Associate Professor at the Faculty of Law of Nile University of Nigeria, Abuja, Nigeria.
Corresponding Author

Abstract


Hazardous wastes, byproducts of industrialization, are detrimental to human health and the environment. Tightening environmental regulations and the increase of disposal costs in developed countries led those countries – the global North – to begin a regime of dumping or trading the hazardous wastes to the underdeveloped countries – the global South. Many instances of this practice can be referenced, including the Koko disaster of 1988 that took place in present-day Delta State, Nigeria. Since most of the regions victimized by this practice, like Africa, are occupied by non-white minority racial groups, the aim of this article has been to show that the practice of moving hazardous wastes to these regions is indicative of environmental racism and to draw a connection between the North-South route of hazardous wastes and the concept of environmental racism while reviewing the effectiveness of the subsisting regulatory framework. The goal of this work was to proffer solutions which would provide greater protection from the indiscriminate dumping of hazardous wastes in countries comprising the global South. Utilising the doctrinal research methodology, this research analysed the international treaties which have been adopted to regulate hazardous wastes and found that there is a correlation between the location of hazardous waste dump sites and the race of the occupants of those locations. It also established that in Africa particularly, the regulatory framework has proved less effective than expected due to weak implementation. This article culminated in recommendations intended to improve the transboundary movement of hazardous wastes and to promote cleaner and safer disposal practices.

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