International legal regime on reduction of aviation emission and its implementation in Nigeria

Abstract

The issue of ever increasing volume of aviation emission has become a threat to the global environment. As a wat out of its environmental consequences which include global warming, climate change, acid rain, melting of glaciers, skin cancer, airborne diseases, destruction of lives and animals, the international community has applied regulatory measure such as the United Nations Framework Convention on Climate Change 1992, the Kyoto Protocol to UNFCCC 1997 and the International Civil Aviation Organisation’s Annex 16 Vol. II on Standard And Recommended Practices (SARPs) on reduction of aviation emission. Nigeria is also party to these conventions and regulations and she is expected to adopt and implement them nationally. Despite the above regulatory measures, there are still reports about increase in volume of aviation emission with serious global, regional and national impacts. In Nigeria, the impacts of global warming of which aviation emission is a fast contributor have led to abnormal temperature and diseases, flight delays and disruption in the northern part of Nigeria, while flooding has ravaged the coastal states. The above shows that the implementation and effectiveness of the existing legal regime on reduction of aviation emission need to be further investigated. To achieve this, the research applied qualitative research method by utilising the existing literature to critically analyse the contributions of UNFCCC convention, the Kyoto Protocol and ICAO Standards Regulations of Annex 16 Vol. II to reduction of aviation emission while drawing lessons from the practice on reduction of aviation emission in the US and the UK. It also assessed the adequacy of Nigerian legislations on the implementation of international legal regime on reduction of aviation emission and further conducted interviews with aviation practitioners to assess the implementation of ICAO International Standards on reduction of aviation emission in Nigeria. The research finds that both the UNFCC and Kyoto Protocol contributed their quota to reduction of aviation emission .The research finds that both the UNFCCC and Kyoto Protocol contributed their quota to reduction of aviation emission. The research also finds that the contributions of ICAO as the global regulator of aviation emission is not sufficient and proposes Global Emission Trading as an additional option. In Nigeria, the research finds that though the UNFCCC, Kyoto protocol and ICAO regulations are ratified, there has been a few legislation on reduction of aviation emission. It also finds that there is no compliance with implementation of ICAO regulations on reduction of aviation emission in the Nigerian Civil Aviation Regulations 2012, while the newly revised Nigerian Civil Aviation Regulations 2015 requires more time for meaningful implementation assessment. The research suggests that giving more priority to reduction of aviation, inclusion of aviation emission reduction provision in the NCAA regulations, training of aviation experts, provision of fund and equipment will facilitate implementation of international legal regime and enhance reduction of aviation emission in Nigeria.