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https://doi.org/10.56556/gssr.v2i2.461 

                                                                  

 

Global Scientific Research        34 
 

A Facile Review on the Legal Issues and Challenges Concerning the Conservation and 

Preservation of Biodiversity 

Paul Atagamen Aidonojie1*, Nosakhare Okuonghae2, Roseline Obada Moses-oke3, Majekodunmi Toyin 

Afolabi4 

 
1Faculty of Law, Department of Public and International Law, Edo State University Uzairue, Nigeria: 
aidonojie.paul@edouniversity.edu.ng 
2Faculty of Law, Glorious Vision University, Ogwa, Edo State, Nigeria: nosakhareokuons@gmail.com 
3Faculty of  Law , Edo State  University Uzairue, Edo State, Nigeria: moses-oka.roselin@edouniversity.edu.ng  
4Department of Jurisprudence and International Law, Faculty of Law, Olabisi Onabanjo University, Ago-Iwoye,  
Ogun State, Nigeria: majekodunma.toyin@oouagoiwoye.edu.ng 
 

Corresponding Author: Paul Atagamen Aidonojie; aidonojie.paul@edouniversity.edu.ng 
Received: 13 March, 2023, Accepted: 28 April, 2023, Published: 30 April, 2023 
 

Abstract 

The defective environmental changes caused by climate change have a drastic harmful effect on natural habitats and 

species. This is concerning the fact that there are signs that the increase in the intensity of temperature often has (caused by 

human activities) an effect on biodiversity. However, the threat posed by climate change to biodiversity is expected to 

increase, given the harmful human activities. The scientist has identified that if the present rates of global warming 

continue by 2030, it will result in a significant detrimental impact on biodiversity. In this regard, this study adopts a 

doctrinal method of study in examining the current causes of climate change, the effect of climate change on biodiversity, 

and several global legal frameworks concerning the preservation and conservation of biodiversity. The study also detailed 

the lacuna inherent in the conservation and preservation of biodiversity, and possible legal and scientific method for 

revamping biodiversity. The study further concluded and recommended that adopting this possible solution it will curtail 

harmful human activities that often cause climate change that negatively affect biodiversity.  

 

Keywords: Climatic Change; Biodiversity; Legal; Framework; Environmental 

Introduction 

 

Preservation and conservation of biodiversity are 

fundamental for the sustainable relationship between man 

and it environment. The uniqueness of this relationship is 

well articulated in various legal frameworks on 

biodiversity conservation. Various studies have shown 

that the well-being and economic prosperity of all people 

depend largely on man’s harmonious living with Mother 

Earth. That is because, we depend on the earth for our 

basic and non-basic needs for daily survival including 

food, medicine, recreation, water, air, security, etc. 

(United Nations, 2022). Given the vast benefits derived 

from the richness of the environment, it is only natural for 

stakeholders within and across state lines to form an 

alliance in other tackle the continued loss of biodiversity 

and the threat it poses to nature and human well-being.  

There is ample scientific evidence that biodiversity is fast 

dissipating at an unprecedented rate in human history 

(IPBES, 2019). In this regard, several global frameworks 

have been formulated and adopted to address this menace. 

Starting from the  Rio  Earth Summit of 1992 to the 

“Kunming-Montreal Global Biodiversity Framework of 

2022, all of which are aimed at arresting the ongoing loss 

of biodiversity. Most conservation techniques take into 

consideration, science, economics, religion, and law. 

mailto:aidonojie.paul@edouniversity.edu.ng
mailto:majekodunma.toyin@oouagoiwoye.edu.ng
mailto:aidonojie.paul@edouniversity.edu.ng


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Global Scientific Research        35 
 

However, this study tends to focus on the legal aspect of 

biological conservation. 

Before 1950, no legal attention was given to pollution and 

ecological issues (Ukhurebor and Aidonojie, 2021; 

Aidonojie et al., 2020). This is concerning that before 

1950, just a few bilateral and multilateral agreements tend 

to regulate international environmental issues (Ijaiya et al, 

2018; Dzidzornu, 2004). Most of the international 

agreements in the operation focused more on unrestrained 

and controlled national sovereignty over natural resources 

(Aidonojie et al, 2022; Riget et al. 2016). Furthermore, 

these international environmental agreements also 

regulate ecological issues related to boundary waters, 

navigation, and the rights to fishing along shared 

waterways (Aidonojie et al, 2022; Ladychenko et al., 

2020). In this regard, it suffices to state that no 

international legal framework concerning the 

conservation of climate earth and its biodiversity from 

any form of harmful human activities that may cause 

depletion of the ozone layer. In this regard, human 

activities that could be harmful to the environment were 

unchecked, leading to climate change, and drastically 

affecting the conservation of biodiversity.  

However, the incessant climate change and depletion of 

the ozone layer, resulting from global industrial stride and 

the indiscriminate exploitation of biodiversity, has led to 

the deterioration of climate earth biodiversity (Cifci and 

Oliver, 2018). In this regard, to curtail harmful human 

activities, several international laws from 1950 till date 

have been agreed upon and adopted by several nations 

that make up the international community to ensure the 

conservation and preservation of climate earth 

biodiversity from harmful human activities (Charney, 

1995).   

Although, it suffices to state that introducing an 

international environmental legal framework concerning 

the preservation of climate earth and its biodiversity is 

one of the greatest achievements of the international 

community (Megan et al. 2020; Aidonojie, 2023; Anani et 

al. 2022). However, it has been observed that although 

several international environmental legal frameworks tend 

to provide for the preservation and conservation of 

biodiversity. Unfortunately, there is still a high rate of 

emission of Methane (CH4), water vapour (H20), Nitrous 

Oxide (N20), and Carbon dioxide (C02) as stipulated in 

the various international legal frameworks Auta et al., 

2017; Aidonoie et al., 2022). Furthermore, there has been 

a deterioration of biodiversity across the global 

environment resulting from harmful human activities. 

However, this continuous environmental hazard affecting 

biodiversity stems from the fact that most member states 

have a poor commitment to the agreement as it contains 

various international ecological legal frameworks (Max et 

al, 2017).   

It is concerning the above that this study tends to embark 

on a study concerning the current trending of the causes 

of climate change and the effect of climate change on 

biodiversity. Also, the study will also examine the legal 

framework as a panacea concerning the preservation and 

conservation of biodiversity. Furthermore, the study will 

also identify the challenges inherent in the legal 

framework preservation and conservation of biodiversity 

and the way forward of revamping the legal framework 

concerning the preservation and conservation of 

biodiversity. 

 

Literature Review 

 

The term conservation may mean to carefully preserve 

and protect something from loss, decay, or destruction. In 

this context, it may be referred to as the official 

supervision of rivers, forests, and other natural resources 

in other to preserve and protect them through prudent 

management. Conservation may also be considered as the 

act of protecting Earth’s natural resources including air, 

water, soil, and wildlife in a manner that may be useful 

for present and future generations. This process may 

entail maintaining the diversity of species, genes, and 

ecosystems. The distinction between the term 

“conservation” and “preservation” is somewhat unclear as 

the use of these terms has varied over time. For 

convenience, some scholars, however, used them 

interchangeably this is because both terms are similar to 

the extent that they tend to achieve the goal of protecting 

biodiversity. However, technically speaking, conservation 

and preservation are different. This is evident from the 

method and technique they apply to achieve the same 

purpose. 

Conservationist seeks to protect the environment through 

the responsible use of natural resources. On the other 

hand, preservation seeks to protect the environment from 

harmful human activities, at the extreme, preservation 

proposes the prohibition of man from using the 

environment as a remedy to extinction and climate 

change. It is unthinkable for humans not to use natural 

resources. The reason is that life on Earth is sustainable 

through its usage. The goal of the relevant legal 

framework on biodiversity protection has been on 



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conservation rather than preservation in its technical sense 

(Santiago-Avila, Treves, & Lynn, 2019). This is because 

with or without man’s intervention the loss, erosion, and 

extinction of biodiversity are inevitable. Thus, a relevant 

strategy has been adaptation and mitigation. Adaptation 

measures are necessary to curb the shortcoming of many 

stakeholders to curb their GHG emissions as required by 

various international, regional, and local legal frameworks 

(Spier,2019). 

No meaningful discussion on conservation can be made 

without first recourse to Rio de Janeiro Earth Summit. Rio 

Summit laid down the foundation for global commitment 

toward environmental protection. It was at this event that 

world leaders under the auspices of the United Nations 

formally made the needed commitment to the protection 

of the environment while pursuing economic 

development. A major feature or fallout of this event was 

the signing of the Biodiversity Treaty. Rio Summit 

suffered a setback because of the failure of member 

nations to make full commitments. Especially, from the 

countries in the global North. Again, it should be recalled 

that the requirement of member nations to take 

inventories of wild animals, plants, and all endangered 

species. 

The Convention on Biodiversity (CBD) at Rio has been 

supplemented by Cartagena, Nagoya Protocol as well as 

the recent Kummin-Montreal global biodiversity 

framework (GBF). According to Steinhauser, et al (2022), 

the major thrust of this Framework target is to reverse the 

loss of biological diversity, ensuring sustainable use of its 

component, and the fair and equitable sharing of benefits 

arising out of the utilization of genetic resources. The 

introduction of  GBF is meant to strengthen and maintain 

balance in the protection of the environment through the 

integration of its objective with the provisions of the 

Convention on Biological Diversity,  the Cartegena 

Protocol on biosafety, and the Nagoya Protocol on access 

and benefit-sharing more efficiently and effectively. A 

major challenge in this Framework may arise concerning 

the financial requirement of developing countries. As 

emphasized by Rampheri, et, (2022) they stated that the 

challenge is that most developing countries do not have 

enough finances to tackle such issues, and many 

grappling with development needs so adequately face the 

required conservation needs. 

However, policymakers believe that protecting the human 

right to a clean, healthy, and sustainable environment, in 

line with the 1986 United Nations Declaration on the 

Right to Development is at the heart of full and better 

implementation. Meanwhile, other scholars such as Kanu 

(2022) posit that preservation of the environment is 

possible, through the conceptualization of nature as a 

mother, source of life, and nourisher. The concept of 

motherhood brings to bear other virtue such as respect, 

love, and care which may help in strengthening or 

promoting a good environment. 

 In the case of Nigeria, the most recent attempt to 

conserve the environment has been toward reducing the 

amount of carbon emission in the atmosphere through a 

national legislative framework for the mainstreaming of 

climate change actions. The Act shows Nigeria’s 

commitment to the global agenda of environmental 

sustainability.  Nigeria is also a signatory to the United 

Nations Framework Convention on Climate Change 

(1992) and its associated Kyoto Protocol (1997). The 

country, following the agreement of COP26, has enacted 

the Climate Change Act 2021. In summary, the  Act seeks 

to provide a framework for achieving low greenhouse 

emissions (GHG), inclusive green growth and sustainable 

economic development, and a climate-resilient society. 

One of the major goals of this enactment is to formulate 

programs for climate change mitigation and adaptation. In 

the world of environmental protection and sustainability, 

adaptation, and mitigation are complementary strategies, 

which virtually all nations within the global terrain 

(Spier,2019). 

 

Methodology 

Given the rate of climate change and its effect on 

biodiversity, this study tends to examine the current 

impact and challenges of climate change on biodiversity 

and the various international regulatory frameworks 

concerning climate change and the preservation of 

biodiversity. In this regard, the study adopts or uses a 

doctrinal research method. The essence of adopting a 

doctrinal research method is to examine various primary 

international legal frameworks that regulate how man 

relates to his environment in curtailing the drastic effect 

of the harsh climate change. Further, a doctrinal method 

was adopted or used to examine some international laws 

concerning the preservation and conservation of 

biodiversity. However, the doctrinal research method was 

also adopted in examining various scholarly literature in 

journal articles, online sources, and textbooks to enable 

the researcher to critically analyse and review the current 

trending and effect of climate change on biodiversity. The 



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essence of the analysis of the scholarly literature is to 

reveal the fact that there is a need to revamp the various 

legal frameworks as a panacea in the conservation and 

preservation of biodiversity from the harsh effect of 

climatic change.    

Result and Discussion 

Current Trending of the Causes of Climate Change 

The consensus among scientists and researchers is that 

climate change is caused by the emission of greenhouse 

gases (GHG) such as water vapour (H20), Methane 

(CH4), Carbon dioxide (C02), and Nitrous Oxide (N20) 

into the atmosphere (Zahir, et al. 2021; Aidonojie et al., 

2022). These gases can absorb ultraviolet radiation 

coming to the earth from the solar system, which 

ordinarily ought to exit outer space but is trapped in the 

atmosphere. A high concentration of these gases in the 

atmosphere triggers the problem of global warming 

(known as the greenhouse effect.)   

Anthropogenic activities and natural factors have been 

identified as the two driving contributors (forcings) to 

GHG emissions. Unfortunately, a significant amount of 

the gases has been released daily by human-related 

activities since industrial development (Kamshat et al., 

2020). According to Ahad et al. (2017), the release of 

GHG by human activities is partly responsible for the 

increase in the global atmospheric temperature since the 

mid-20th century. 

Global warming is the factual expression of climate 

change due to too much concentration of GHG in the 

atmosphere. Greenhouse gases usually act as a blanket or 

shield trapping heat generated from fossil fuel combustion 

within the earth, thus, preventing the release of these 

harmful gases into space, leading to an abnormal rise in 

the heat level in the earth. Fabio et al. (2021) noted that 

C02 and CH4 play the most active role in global warming. 

However, Alejandro et al., (2017) in their study, observe 

that CO2 alone contributes about 75% of the total 

greenhouse gases released worldwide. A similar review of 

atmospheric activities between 1970-2010 reveals that 

C02 by anthropogenic processes contributed 

approximately 78% of the total greenhouse gases. 

Reports by several agencies such as the America 

Chemical Society (ACS), the America Association for the 

Advancement of Science (AAAS), and other empirical 

research published in scientific journals reveal that 

Anthropogenic activities such as the burning of fossil fuel 

(E.g., gas, and coal.), deforestation for farming purposes, 

and other agricultural related activities, play a key role in 

the total emission of greenhouse gases. In their study, 

humans’ quest for civilization and economic prosperity 

contributes significantly to GHG emissions into the 

atmosphere. The ACS, while acknowledging human 

influence on the changing world climate weather 

condition, noted that the change in earth's weather 

conditions is a direct response to the ever-increasing 

concentration of greenhouse gases in the atmosphere 

introduced by man with negative implications for the 

ecosystem (Andrii et al., 2019; Majekudumi et al., 2022). 

Similarly, the Intergovernmental Panel Assessment 

Report on Climate Change (IPCC) under the sponsorship 

of the United Nations, after a period of assessment and 

evaluation of scientific literature, came to the same 

conclusion in its Fifth Assessment Report (AR5).  IPCC is 

a team of an expert on climate issues drawn from all over 

the world by the United Nations to provide a scientific 

explanation of the ongoing change in the global weather 

condition, to identify its potential consequences to the 

environment and the socioeconomic activities of humans 

to proffer a scientific solution(mitigation)  through the 

adoption of policies and deployment of effective 

technologies (Robert et al., 2022) In its AR5 of 2014, 

human input contributed to the rise in atmospheric 

temperature especially the through the emission of CO2 in 

manufacturing plants, and vehicular activities. This is 

traced to the emergence of the industrial revolution. 

Consequently, greenhouse gas emissions into the 

atmosphere have increased tremendously, particularly due 

to industrial growth in the world population. According to 

this group of scientists, there is an undeniable connection 

between industrialization and human civilization. 

However, the report concluded that there is a very high 

probability that the release of GHG through human-

related activities is the most dominant driver of the 

increase in the earth's surface temperature from 1951-

2010, coupled with other anthropogenic forcing acting 

together. (Marcelo et al, 2018; Aidonojie et al, 2022). 

From the preceding analysis, it goes without saying that 

among the two drivers mentioned earlier, human-induced 

greenhouse emissions have the most profound impact on 

ozone layer depletion and the notorious greenhouse effect 

compared with natural processes. Essentially, nature’s 

contribution to the release of greenhouse gases, according 

to Gupta and Pennan (2022)  occurs predominantly during 

a volcanic eruption, in which CO2 is released into the 

atmosphere. However, the amount of C02 released during 

this period of volcanic activity is small concerning the 



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amount emitted by human activities. In addition, the 

variation in solar radiation, changes in the earth's orbital 

activities, and rotation around the sun are other natural 

processes that contribute to climate change. 

 

The Effect of climate change on Biodiversity 

Several studies have sought to give a pragmatic 

explanation with empirical certainty, the apocalyptic 

effect of climate change on biodiversity as a result of 

extreme weathers events culminating in the loss of natural 

habitat for various terrestrial and aquatic species, 

depletion of the world population through death triggered 

by heatwaves, storms, drought, cyclone, harmattan, and 

floods. The effect brought by the change in climatic 

composition, no doubt, is staggering. Notably, the most 

affected component of the ecosystem is the alteration of 

the structure of the natural habitat for diverse species. 

As a result of a change in the average weather condition, 

extreme events have progressively impacted biodiversity 

globally. While the effect may differ across continental 

lines, the general effect is that it alters the ecosystem and 

exposes the species to hazards. Due to the 

disproportionate annual rainfall, intense flood, and wide 

fire in the ecosystem, many biological species have been 

forced to relocate and secure an adaptable environment 

for their continuous existence. While unable to safely 

migrate to a new geographical location, they will have to 

exit the lifecycle, thus, shrinking the already depleted 

population of the species. The gradual extinction of some 

endangered species is more worrisome, mainly in the 

Savannah or African region. 

Water supply and controlled temperature are the two 

components necessary for the survival of plants and 

animals. However, the shortage of water supply (its 

pollution) and the increasing atmospheric temperature are 

the major characteristics of global climate change, which 

can affect the continued existence of these species in the 

ecosystem. Also, the abnormal rise in heat levels will 

affect agricultural practices. Indeed, agricultural activities 

have been severely affected by the intensity and 

frequency of rainfall throughout the year, affecting 

productivity. In the same vein, the dropping of acid rain in 

some climes is known to have a destructive effect on farm 

products. This also has a catastrophic impact on global 

food security (Marcelo et al, 2018). It should be noted that 

environmental disruption is not new to our ecosystem. 

However, the current climate change has the potential to 

endanger all species found in both aquatic and terrestrial 

environments, including man.  

The adaptation in the species transformation in the new 

environment only plays a minimal role in its survival   

(Robert et al., 2022). Furthermore, he observes that the 

behavioral, morphological, and Physiological 

modification of species is most times the direct response 

to the change in climate conditions. For example, he said 

painted turtles grew larger in warmer years and attained 

sexual maturity faster during warm seasons. 

Many nations depend on the interactions within and 

around the aquatic environment. However, with the rise in 

sea temperature coupled with the shrinking of the glacial, 

activities in aquatic habitats have dwindled. Considerable 

evidence has shown that ice will continue to melt, the 

ocean will rise, and the human mortality rate will increase 

due to the rise in air and water pollution. Also, for 

instance, in Bangladesh, it was observed that the problem 

of an outbreak of cholera was high due to the abnormality 

in the frequency of rainfall. The same is predicted for 

other developing countries with poor water and sewage 

infrastructures. Aside from these social factors, global 

warming has been detected to impact the spread of 

infectious diseases depending on the countries’ 

socioeconomic conditions (Abejon and Garea, 2015).    

Speaking on the impact of climate change on the world’s 

ecosystem, Endre Ivinnereim (Augustine, 2021) rightly 

stated that climate change is a problem with global 

consequences. According to him, the consequence of 

global warming can not be fenced off but may be 

mitigated. This explains the collective responsibility 

approach by international policymakers like the United 

Nations. By mitigation, we mean the human strategy or 

activities employed to reduce the human-induced 

emission of greenhouse gases into the atmosphere by 

national governments, companies, and more recently by 

an individual with appreciable knowledge of the impact of 

climate change on biodiversity. For instance, Greta 

Thunberg, the young environmental activist, became 

famous after her protest at the Swedish parliament in 

2018. Since then, her campaigns brought other teenagers 

and college students like herself from European nations 

and some Asian countries to the awareness of the 

devasting impact of global warming. 

A fallout of this collective responsibility by the 

international community is driven by the desire to reduce 

the anthropogenic emission of GHG through active 

implementations of policies, agreements, and protocols. 

For instance, the United Nations Framework Convention 



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on Climate Change (UNFCCC) is believed to be the first 

and major international treaty addressing the emission of 

GHG and its associated Kyoto Protocol (1997). However, 

relevant stakeholders and observers have heavily 

criticized these regimes for lacking the necessary 

‘binding’ ingredient for proper implementation needed to 

flatten the curve and prevent further deterioration of 

biodiversity in the ecosystem. However, a significant 

portion of EU countries having the foresight of the impact 

of global warming on natural habitats have taken the 

initiative to limit industrial emission of GHG within their 

jurisdiction despite the nonbinding nature of these 

international treaties/agreements. 

It is indisputable that ‘we,’ including the biological 

species, are most vulnerable to climate change. Evidence 

shows that several biological species which are unable to 

adapt have gone into extinction. Global warming is a 

precarious phenomenon introduced by man and has an 

irreversible consequences if proactive steps are not taken. 

This truth was rightly emphasized by Antonio Guterres, 

the United Nations Secretary-General. In his opening 

remarks at the Katowice Climate Change Conference 

(COP 24) in 2018, when he said “We are in trouble” In a 

rather apologetic appeal for urgent action, he added, “We 

are in deep trouble with climate change.” In his speech, he 

noted that the concentration of C02 in the atmosphere was 

the highest in 3 million years and still growing. 

 

The Legal Challenges Concerning Preservation and 

Conservation of Biodiversity 

Given the causes and effects of climate change on 

biodiversity, it suffices to state that the international 

community has through various methods and legal 

frameworks curtail some of these challenges in mitigating 

the conservation of biodiversity. However, despite the 

efforts of the international community to preserve and 

conserve biodiversity, there are still major challenges 

mitigating the smooth operation of the international 

community in preserving and conserving biodiversity. 

Some of these challenges are examined as follows;  

Poor Level of Implementation and Enforcement  

However, it is also relevant to note that some member 

states, such as some developed and developing member 

states who are the signatory to most international treaties, 

conventions, and protocols, have refused to accede or 

comply with the directive in most relevant international 

law environmental regulatory framework concerning 

biodiversity. This is concerning the fact that there are 

poor enforcement methods and implementation of the 

concerned international treaties. For example, most 

developed and developing countries have refused to 

commit themselves to reduce the emission of  Methane 

(CH4), Carbon dioxide (C02), and Nitrous Oxide (N20), 

undue exploitation of the environment as stipulated by the 

various global environmental legal framework. However, 

despite this violation by members state, there are no strict 

penalties or deterrents from refusing to commit 

themselves to preserving and conserving the climate of 

Earth, which will protect and conserve biodiversity. 

Currently, the hash and drastic climate change affecting 

biodiversity and climate earth is a pointer to the fact that 

most countries are still carrying out harmful activities that 

are detrimental to biodiversity and climate earth. 

Furthermore, it also suffices to state that most 

conventions or treaties concerning the preservation and 

conservation of biodiversity often rest the responsibility 

of enforcement and implementation on member states. 

For example, the Convention on International Trade in 

Endangered Species of Wild Fauna and Flora tends to 

place restrictions on preserving and conserving them 

against indiscriminate harvesting and use without due 

permission from the appropriate body (that is, members' 

state). This concerns that Articles III, IV, and V of the 

Convention on International Trade in Endangered Species 

of Wild Fauna and Flora protect endangered species from 

indiscriminate exploitation. The provision stipulates that 

member states must have prior approval in importing or 

exporting any wild fauna and flora red-listed in appendix 

I, II, and III of the convention. Furthermore, Article VIII 

of the Convention Concerning Trade in Endangered 

Species of Wild Fauna and Flora empowers contracting 

states that where there is a violation of the convention, an 

appropriate measure in enforcing the provision of the 

convention. 

Given the above, it suffices to state that giving members 

state the sole responsibility in implementing and 

enforcing issues as it affects the global environment may 

be detrimental and lead to inadequate implementation and 

enforcement. This is concerning the fact that most 

members state may not have the capacity to ensure sue 

implementation and enforcement like an international 

institution or body.    

 



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Inadequate or lack of Commitment by Members State  

Concerning this study, it has been identified that several 

international environmental legal frameworks tend to 

provide for the preservation and conservation of 

biodiversity. However, irrespective of the above relevant 

legal framework concerning biodiversity, it suffices to 

state that one of the challenges mitigating the preservation 

and conservation of biodiversity could stem from the fact 

that there are poor or low levels of commitment by most 

member state in acceding to the agreement as contained in 

the various international environmental treaties. For 

example, in 1997, nations had to come together during the 

Kyoto Protocol to proffer an enabling solution in 

curtailing, reducing, and mitigating the level of industrial 

activities that release gasses that cause global warming. In 

this regard, the Kyoto Protocol was adopted due to the 

drastic emission or release of greenhouse gasses 

concentration in the atmosphere, thereby causing climate 

change and global warming, which had most of its 

challenges with member states committing themself to the 

protocol. This is concerning the fact that nations such as 

USA and China withdrew their membership. Given that 

the USA and China withdrew their commitment to the 

protocol in 2012, Canada also withdrew from the summit. 

Their withdrawal is because the biggest two emitters 

(China and the USA) are not part of the protocol 

agreement. Furthermore, given the fact that it will amount 

to the Canadians to reduce their industrialization and 

employment opportunity drastically. According to the 

Canadian environment minister, he said   

"The Kyoto Protocol does not cover the 

world's largest two emitters, the United States 

and China, and therefore cannot work," Kent 

said. "It's now clear that Kyoto is not the path 

forward to a global solution to climate change. 

If anything, it's an impediment." signing Kyoto 

was one of the previous government's biggest 

blunders, allowing us to continue creating jobs 

and growth in Canada. 

This is concerning the fact that, if members state has 

effectively complied with the directive as regards, the 

reduction of emission of water vapour (H20), Methane 

(CH4), Carbon dioxide (C02), and Nitrous Oxide (N20), 

reduction of bush burning as stipulated in global 

environmental treaties and convention, the level of drastic 

climate change affecting biodiversity would have been 

curtailed or minimize. However, the current report has 

shown that climate Earth is still severely undergoing 

global warming and climate change, owing to harmful 

activities of man that are catastrophic to climate Earth.  

National Legislation Constrain in Implementing 

International Treaties 

Although most nations have seen the need to form an 

international institution in resolving issues that tend to 

have an international flavor. However, the various 

international laws that have been enacted recognize the 

fact that members state still possess sovereign power 

within their society or state. They are exercised and 

realized in distinct ways. In this regard, virtually all 

countries' constitution provides for their sovereignty and 

supremacy of their contents. Therefore, any law 

inconsistent with the said provision or content of the 

constitution will be declared null and void. Concerning 

this, it suffices to state that, in most developing countries, 

their constitution places restrictions or constrains 

concerning the recognition and enforcement of 

international treaties, conventions, and protocols. For 

example, in Nigeria, virtually all international treaties, 

conventions, and protocols are not enforceable by section 

12 (1) of the Nigeria Constitution, except such 

international instruments have been domesticated by the 

National Assembly. Section 12(1) of the Nigeria 

Constitution provides thus; 

No treaty between the Federation and any 

other country shall have the force of law to 

the extent to which any such treaty has 

been enacted into law by the National 

Assembly. 

This position of the Nigeria constitution has been aptly 

given judicial recognition in the case of Abacha V. 

Fawehinmi (2000) 6 NWLR (PT. 660) P. 228 at 228, 

where Ogundare  JSC held that before an international 

treaty becomes binding and enforceable in Nigeria, such 

treaty must be enacted into law by the National Assembly. 

Also, in the case of Mhwun V. Minister of Health & 

Productivity & Ors (2005) 17 NWLR PT. 953, P. 120, the 

court held that the provisions of an International Labour 

Convention could not be invoked and enforced by Nigeria 

court unless an Act of National Assembly has 

domesticated it. 

The above provision of the Nigerian constitution serves as 

a constraint and restriction on the international 



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environmental legal framework concerning the 

preservation and conservation of biodiversity within the 

Nigerian territory.   

Poverty and Poor Level of Technological Development 

in most Developing countries 

Given the level of poverty and slow pace of technological 

development in most developing states or countries, it 

may also serve as a challenge in ensuring the effective 

preservation and conservation of biodiversity. This is 

concerning the fact that these developing countries may 

not have the capacity to adapt or adopt sophisticated 

technology or scientific method that could preserve and 

conserve biodiversity. In this regard, given the poor level 

of their economy and technological development of most 

developing countries, it may lead to such countries 

engaging in some industrial activities that could be 

harmful to biodiversity. 

The Possible Ways of Revamping the Conservation 

and Preservation of Biodiversity  

Varied predictions on the effect of climate change on the 

natural system indicate that delay in mitigation may cause 

irreversible consequences on the ecosystem. In this 

regard, the timely intervention, the environment, and 

diverse species (plants and animals) in the ecosystem may 

be conserved or salvaged from the brink of extinction. 

Given the above, it suffices to state that the following 

mitigating measure that could revamp and complement 

the available international environmental legal framework 

should be considered if the ecosystem will be preserved. 

a. Role of the Government of Signatory States in 

the Conservation of Biodiversity 

The essence of the calls for sustainable development that 

ensures the effective preservation of biodiversity by the 

international community through the relevant legal 

framework is very pertinent to the existence of man and 

its environment. However, the protection of and 

conservation of biodiversity cannot be fully realized 

without the stake input of signatories' states in their 

respective domains. This is concerning the fact that the 

aim and essence of the relevant international legal 

framework that tends to preserve and conserve 

biodiversity will only have a better effect of 

implementation if, at the local level, there are legal 

frameworks that provide for the preservation and 

conservation of biodiversity within their territory. In this 

regard, it suffices to state that the government of all 

signatories should, through national environmental 

legislation, replicate most of the provisions of the 

international ecological legal framework that curtails the 

ongoing activities (such as the emission of  Methane 

(CH4), Carbon dioxide (C02) and Nitrous Oxide(N20), 

undue exploitation of the environment and bush burning) 

that destroy biodiversity. Furthermore, states party must 

go through administrative measures to take proactive 

preventive and protective measures concerning the 

preservation and conservation of biodiversity. Some of 

these administrative measures that could be adopted in 

ensuring the preservation and conservation of the marine 

environment; 

i. Setting up a task force to curtail incessant and 

indiscriminate exploitation of biodiversity and 

curtailment of bush burning 

ii. Declaring specific days for environmental 

sanitation 

iii. Setting up a mobile court to summary try 

individuals violating or refusing to adhere to 

environmental sanitation that seeks to curtail 

minor pollution within their environment 

However, irrespective of the above, the government of the 

signatory state should endeavor to create a Lilly way for 

effecting and implementing an international 

environmental legal framework concerning biodiversity. 

In this regard, there should not be any national or state 

constitutional and legal restrain restricting the 

international community from effectively implementing 

the relevant international environmental legal framework 

concerning biodiversity within members or signatory 

states. Furthermore, given the global-scale impact of 

climate change, collective international policies are 

needed to utilize regional support effectively. 

b. Adopting a New Scientific method that 

compliments Relevant International Legal 

Framework on Biodiversity  

The need to develop international and states 

environmental law was triggered and necessitated by the 

need to protect life and preserve the ecosystem from 

hazardous substances that may be very harmful and result 

in the pollution of the environment. However, it suffices 

also to state that the introduction of hazardous substances 

to the environment that results in the depletion of the 

ozone layer is mainly a result of the harmful industrial 



Global Sustainability Research 

Global Scientific Research        42 
 

activities of humans arising from exploiting natural 

resources of climate Earth. Therefore, given the harmful 

activities of human industrial activities, it has degenerated 

into an environmental problem such as pollution of the 

environment, deforestation, desertification, acid rain, the 

destruction of the ozone layer, and climate change.  

It concerns the above that a scientific researcher has 

scientifically driven them in inventing scientific methods 

to preserve and conserve climate earth, which will ensure 

the conservation of biodiversity. It must be noted that one 

such scientific method that has been adopted is 

Nanobiosensor. According to scientific study, 

nanobiosensor has been scientifically proven to be 

relevant in various scientific research. This is concerning 

the fact that the introduction of the scientific concept of 

nanobiosensor for environmental monitoring is aimed at 

ensuring prevention and control of the introduction of 

hazardous substances or constituents that may 

contaminate or pollute the environment (Vincent et al., 

2015).  

Furthermore, another scientific discovery that could also 

be relevant in conserving and preserving biodiversity is 

nanotechnology. According to a scientific study, 

nanotechnology involves the designing and making use of 

devices and systems ranging from 1-100 nm scale (Fei 

Ma and Chun-yang, 2018). The relevance and essence of 

utilising nanotechnology are based on the sensing and 

detection of harmful substances that could cause 

pollution. In this regard, the use of nanotechnology 

involves the use of nonmaterial in detecting pollutants and 

hazardous substances (Nafiseh et al., 2016).   

Given the above, it suffices to state that given the 

relevance of current scientific discovery (such as the 

nanobiosensor and nanotechnology that complement and 

strengthen the already existing international 

environmental legal framework for conservation and 

preservation of the environment) as relating to scientific 

preservation of the environment, such scientific measure 

should be adopted to complement the implementation of 

the current international legal framework as it relates to 

the preservation of biodiversity. 

 

c. Strict Sanctioning Erring Countries or States 

Violating International Legal Framework on 

Biodiversity  

However, despite this violation by members’ states, there 

are no strict penalties or deterrents from refusing to 

commit themselves to preserve and conserving climate 

earth, preserving and conserving biodiversity. It suffices 

to state that most developed and developing countries 

have refused to commit themselves to reduce the emission 

of  Methane (CH4), Carbon dioxide (C02), and Nitrous 

Oxide(N20). Furthermore, it was also observed that the 

continuous and undue exploitation of resources within the 

environment is prohibited by the various global 

environmental legal frameworks. This is concerning the 

fact that the current hash and drastic climate change 

affecting biodiversity and climate earth is a pointer to the 

fact that most countries are still carrying out harmful 

activities that are detrimental to biodiversity and climate 

earth. In this regard, the international community must, 

via the relevant international legal framework and various 

mechanisms, ensure strict compliance of members’ state 

of the various scheme stipulated in an environmental legal 

framework to ensure proactive conservation and 

preservation of biodiversity. Furthermore, it is also 

required that the International Court of Justice should be 

given adequate judicial power concerning erring states 

whose activities tend to pose a threat to climate earth  

d. Re-engineering the polluters-pay principle 

with strict liability 

It suffices to state that the need for the protection of 

climate earth biodiversity should not only be statutorily 

recognized. Rather there should be an imposition of strict 

liability where polluters are strictly held responsible for 

any of their actions that threaten the biodiversity of their 

neighboring state or within the international community. 

These principles of polluters pay have been aptly 

observed by the court in Trailsmelter Case (Xingang et 

al., 2022). The principles seem to have been adopted in 

several cases in the past, such as the Netherland Case that 

occurred in 2008. In the Netherlands case, four Nigerian 

farmers and with some relevant stakeholders of the 

international community known as Friends of the Earth 

filed a lawsuit concerning Shell Company oil spillages in 

three villages in Nigeria. In deciding on the lawsuit, the 

Dutch Court issued a decision compelling Shell Company 

to pay compensation to the farmers and ensure clean-up 

of the affected community. Furthermore, in the lawsuit of 

United States of America V. Shell Offshore Inc. and Shell 

Exploration and Producing Company, Shell Company 

was ordered by the court to pay Forty-Nine million 

dollars ($49,000,000) for engaging in an unauthorized gas 

flaring. The above represents the practice of polluters 

pays principles in the past; however, there seems to be a 



Global Sustainability Research 

Global Scientific Research        43 
 

lack or inadequate use of the polluters pay principles 

against those whose activities endanger the climatic 

biodiversity. Hence, it is required that the international 

community ensure that the polluter's pay principles are 

incorporated into international treaties and conventions 

and ensure effective enforcement and compliance of the 

polluter pay principles.   

e. Mitigate Greenhouse Gases Emission 

(Decarbonization) 

Having noted that the most dominant GHG emitted daily 

by human activities is Co2, and the same is released 

during fossil fuel combustion, a drastic reduction is 

required to keep the earth at a low temperature. Adopting 

friendly environmental technologies is key. Such 

mitigation procedure is in line with Article 2 of the 

UNFCCC. 

f. Reforestation and Effective Forest 

Management 

The farm practice of deforestation should be discouraged. 

Deforestation contributes significantly to the emission of 

co2. According to Anuradha et al., deforestation 

contributes approximately a quarter of the increase in the 

level of co2 in the atmosphere. Thus, reforestation may be 

a viable option for restoring the needed balance in the 

ecosystem. It should be noted that in the event of 

wildfires occasioned by climate change, there is usually a 

structural imbalance for most organisms in the forest. The 

herbivorous habitat is primarily affected, leading to 

shifting geographical locations with attendant hazards to 

predators along the way. To curtail this climate change, as 

an alternative to reforestation, Anuradha et al. 

recommended that forest management practices be 

implemented to enable the forest to cope with forest 

disturbances under climate. 

g. Encourage the Use of Renewable Energy 

The fact that a large percent of the world population still 

depends on fossil fuels for energy is evident in the ever-

global increase in temperature. However, many nations 

and multinational companies have started investing in 

alternative energy sources (wind and solar). Renewable 

energy help to reduce the amount of pollution in fresh 

water and the marine environment. For instance, many 

regions rich in biodiversity and marine life have been 

negatively affected during explorative activities for 

mineral resources. 

Conclusion 

This study has identified that climate change and global 

warming arising from harmful human activities pose a 

great danger to climate earth's biodiversity. The study also 

observed that the conservation and preservation of climate 

earth biodiversity is a key and a central focal concern of 

the international community. This is concerning the fact 

that several international environmental laws concerning 

the preservation and conservation of climate earth 

biodiversity have been agreed on and adopted by 

members of the international community.  

However, the study further identifies that despite the 

various international environmental legal frameworks 

concerning the preservation of climate earth biodiversity 

from harmful human activities. There is still an increased 

rate of deterioration of climate earth biodiversity arising 

from the detrimental activities of humans. The reason for 

the current increase rate of climate earth biodiversity 

stems from various reason which has been identified in 

this study above. Hence, concerning these challenges, the 

study tends to identify some probable solutions in 

revamping the international environmental legal 

framework concerning the preservation of biodiversity as 

follows;  

i. The government of signatory states to 

international environmental treaties, conventions, 

and protocols in biodiversity conservation must 

ensure they commit themselves to their role as 

stipulated in the various international 

environmental legal frameworks. 

ii. There is a need to adopt a new scientific method 

that compliments relevant international legal 

frameworks on preserving biodiversity.  

iii. The international community must adopt a strict 

sanctioning method against erring countries or 

states violating biodiversity's global 

environmental legal framework.  

iv. The international community should re-engineer 

the polluters-pay principle with strict liability 

against erring states whose activities threaten 

their neighboring state. 

Acknowledgment: None 

Funding: None 

Conflict of Interest: The authors declare no conflict of 

interest  



Global Sustainability Research 

Global Scientific Research        44 
 

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