Nigeria, 25 others set to oppose EU carbon law

Nigeria, 25 others set to oppose EU carbon law

Twenty six countries, including Nigeria are to lodge a formal protest on Wednesday against a European Union (EU) law to make airlines pay for carbon emissions.

The EU law

The  EU legislation says from January 1, 2012, all flights to or from Europe will have to buy carbon permits to help offset their emissions under the EU Emissions Trading Scheme (EU-ETS),  the 27-member bloc’s prime tool for trying to curb the amount of carbon in the atmosphere.

Oppositions

Last week, in the United States Congress, where environmental issues had become a flashpoint between Republicans and President Barack Obama’s Democrats, the lower house passed a bill making it illegal for airlines to comply with the EU’s law.

On Wednesday, a council meeting of the International Civil Aviation Organization (ICAO), a global aviation regulatory body in Montreal, Canada, is also expected to take up the airlines’ cause.

Meanwhile, EU lawyers said any decision by the ICAO council would not be legally binding, but could be a step toward a formal dispute procedure, in which the president of ICAO would mediate.

EU Climate Commissioner Connie Hedegaard said the legislation was designed to address “the vertiginous growth in carbon emissions from aviation.”

Of the 36 states on the council, 26, including the United States, China and Russia, would call on the EU and its member-states to cease making flights by non-EU carriers which fall under the remit of its ETS.

They would also adopt a declaration that the 26 states made in New Delhi at the end of September, saying the EU plans were discriminatory and breached international laws.

Court case

Already the airlines have taken their opposition to European courts. The London High Court of Justice referred the case, brought by the Air Transport Association of America, American Airlines and United Continental, to the European Court of Justice (ECJ).

Earlier this month, the Advocate General at the EU’s highest court in a preliminary opinion said EU plans to include airlines in its ETS were legal.

While the airlines have argued the commercial cost of the EU law could be significant and they have taken separate steps to reduce their carbon impact, the European Commission’s calculations are that it would be modest.

Depending on decisions by airlines on how much to pass on to customers, the commission has calculated costs per passenger could rise by between around two euros ($2.80) and 12 euros, much less than the 100 euros per allowance penalty it would impose on airlines that do not comply.

The position would put airlines in the near-impossible position of being either in breach of U.S. law or of EU law.

Oppositions

The 26 member-states expected to oppose the EU are Nigeria, Argentina, Brazil, Burkina Faso, Cameroun, Chile, China, Colombia, Cuba and Egypt.

Others are India, Japan, South Korea, Malaysia, Mexico, Paraguay, Peru, Qatar, Russia, Saudi Arabia, Singapore, South Africa, Swaziland, Uganda, the United States and the United Arab Emirates.

Of the non-EU members on the ICAO governing body, only Australia and Canada were not in agreement with the council working paper, EU sources said.

NP/Adekusibe/Ekata

peaker tasks Nigerian Lawyers in UK on democracy, rule of law

The Speaker of the Kwara State House of Assembly in Northern Nigeria, Hon. Razak Atunwa, has called on Nigerian Lawyers in the UK to be ‘change agents’ in the consolidation of democracy and rule of law in the Nigeria.

Atunwa made the call on the occasion of an annual dinner organised by the British-Nigeria Law Forum (BNLF) in London on Sunday.

He was quoted as saying ‘‘it is right to say that democracy cannot be nurtured if the rule of law is not accorded all seriousness as being central to the consolidation of democracy.

It is, therefore, incumbent on members of BNLF, as change agents, to participate in activities that will transform the society.’’

Atunwa, who was the guest speaker at the event, noted that in other parts of the world, lawyers were in the forefront of various activities.

He said, “Nigeria should, therefore, not be an exception.’’ 
The Speaker commended the body for offering valuable opportunities for the professional and personal development of lawyers from Nigeria and Britain.

He said: “BNLF serves as a bridge for the cross fertilisation of ideas and networking for lawyers in Britain and Nigeria….….Many Nigerian lawyers have left the shores of Nigeria for the English and Scottish bar and many have also returned to Nigeria to make a success of their profession.’’

He noted that much of Nigeria’s civil, political, and legal institutions were predicated on the British system.
Atunwa, who was called to the British bar in 1995, observed that there were areas in the legal profession in Nigeria where expertise was in high demand, but currently in short supply.

“This is a lacuna, which can be readily plucked by any member of the BNLF,'' he said, and noted that the Nigerian Bar was not traditionally tended towards specialisation.

Consequently, Atunwa said it was not uncommon to find a lawyer dealing with the mundane landlord and tenant matters in one day, and being instructed on a complex jurisdiction law the next day.

He, however, said that the situation was gradually changing as the need for expertise and specialisation had arisen, particularly in the areas of banking, revenue, oil and gas as well as maritime law.

Caution

Atunwa cautioned the lawyers saying: “If you must venture into politics, you must have to do it for the right reasons and in good faith.''

Collaboration
Earlier, the Chairman of BNLF, Mr Babatunde Akinyanju, had said that the forum was fully committed to strengthening legal business and cultural links between Nigeria and the UK.

He was quoted as saying “BNLF encourages mutual collaboration between lawyers in the UK and Nigeria.”

It encourages and supports legal or social initiatives aimed at strengthening the democratic process and the rule of law, in addition to providing free legal services to the Nigerian community in the UK, on human rights and immigration matters.

The BNF
 BNLF, a professional organisation, was established in 2001 following the British Council's first African Law week held in Abuja, Nigeria’s capital.

NAN/ Adekusibe/Ekata