freedoms enshrined in this Charter and shall undertake to adopt legislative or other measures to give effect to them. ~ 100. Thus, the duty assigned by Article 24 to each State Party to the Charter is both an obligation emphasised represents of attitude and an by the International the living space, obligation of result. Court of Justice, The environment, as “is not an abstraction but the quality of life and the very health of human beings, including generations unborn” (Legality of the threat or use of nuclear arms, ICJ Advisory Opinion of8 July 2006, paragraph 28). It must be considered as an indivisible whole, notably air, water, same factors comprising the “biotic and abiotic natural resources, land, fauna (International and flora and the interaction between Law Institute, Resolution of 4 September Article 1). The environment is essential to every human these 1997, being. The quality of human life depends on the quality of the environment. 101. Article 24 of the Charter thus requires every State to take every measure to maintain the quality of the environment understood as an integrated whole, such that the state of the environment may satisfy the human beings who live there, and enhance their sustainable development. It is by examining the state of the environment and entirely objective factors, that one judges, by the result, whether the State has fulfilled this obligation. If the State is taking all the appropriate legislative, administrative and other measures, it must ensure that vigilance and diligence are being applied and observed towards attaining concrete results. 102. In its defence, measures the Federal Republic of Nigeria exhaustively lists a series of it has taken to respond to the environmental situation in the Niger Delta and to ensure a balanced development of this region. 103. Among these measures, the Court takes note of the numerous laws passed to regulate the extractive oil and gas industry and safeguard their effects on the environment, the creation of agencies to ensure the implementation of the legislation, and the allocation to the region, 13% of resources produced there, to be used for its development. 25|Page

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