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Emory International Law Review

Abstract

Natural resources that were abundant decades ago are now at an all-time low. Meanwhile, corporations continue to benefit from using the Earth and its resources for their profit. Rather than enforcing established legal frameworks designed to protect the environment and human rights, governments often allow corruption, control, and competition to create opportunities for gain through complicity. In countries like the Federative Republic of Brazil and in the Federal Republic of Nigeria, the effects of inaction are taking a toll on the natural resources that each country relies on. Multinational corporations are not held accountable for their corrupt and illegal extractive activities. This complicity negatively affects entire Indigenous communities. Their land, their livelihood, and their history are directly linked to the resources within the land that is deteriorating.

This paper will show that the enforcement mechanisms in place within Brazil and Nigeria are not strong enough to protect the environment and the Indigenous communities. This will be done by analyzing the domestic and international laws governing Brazil and Nigeria. To effectively protect Indigenous communities and the environment, enforcement must become a multilayered chain rather than single, disjointed policies. In addressing how a multilayered enforcement scheme will mend gaps in how the laws are currently applied, this paper will warn that the Tragedy of the Commons will become a grave reality in Brazil and Nigeria if change is not implemented soon.

Part I will explain the extraction history and practices of each country. Part II will describe how each country enforces its laws on a domestic and international level. Part III will discuss why these two particular countries matter in the global and local context. Lastly, Part IV will recommend the multi-layered enforcement practices that should be implemented to protect Indigenous communities and the environment.

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