CUSTOMARY LAW, A CASE STUDY OF IKWERRE NATIVE LAW AND CUSTOM INHIBITING FACTORS IN ENVIRONMENTAL LAW LITIGATION.
Abstract:
This research delves into the intricate interplay between customary law and environmental law, with a specific focus on the Ikwerre Native Law and Custom in Nigeria. Customary law, deeply rooted in the traditions and practices of indigenous communities, often plays a pivotal role in shaping the dynamics of environmental law litigation. The study seeks to uncover the factors that inhibit the effective integration of Ikwerre Native Law and Custom into the contemporary legal framework governing environmental issues.
The research adopts a multi-disciplinary approach, combining legal analysis with anthropological insights to examine the extent to which Ikwerre Native Law and Custom influences decision-making processes and outcomes in environmental disputes. It investigates the complex relationships between indigenous norms, government regulations, and international environmental standards, shedding light on the challenges and opportunities they present for sustainable development and environmental protection in the Ikwerre community.
Through an extensive case study methodology, this research identifies various inhibiting factors that hinder the smooth incorporation of customary law into environmental law litigation. These inhibiting factors include issues related to legal pluralism, conflicting norms, lack of legal recognition, and difficulties in enforcement. By analyzing these challenges, the study aims to provide valuable insights into the broader question of how customary law can be effectively integrated into contemporary legal systems, especially in the context of environmental protection.
In conclusion, this research underscores the importance of recognizing and respecting indigenous customary law systems in environmental law litigation. It advocates for the need to address inhibiting factors and create a harmonious legal framework that combines the strengths of both customary and modern legal systems to promote sustainable environmental management and justice. The findings of this study hold relevance not only for the Ikwerre community but also for indigenous communities worldwide, as they grapple with similar challenges in the face of environmental degradation and legal complexities.
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