BALANCING TRADE, JUSTICE, AND ENVIRONMENTAL SOVEREIGNTY: WTO AND AFCFTA CONSTRAINTS ON NIGERIA’S PURSUIT OF COMPLIANCE

Abstract

Nigeria’s engagement with global trade and environmental governance reveals a persistent tension between international economic integration and the pursuit of environmental justice. The World Trade Organization’s framework, particularly Article XX of the General Agreement on Tariffs and Trade, provides environmental exceptions designed to preserve national policy space. However, these provisions often privilege states with stronger legal capacity, scientific infrastructure, and institutional coherence, leaving developing countries such as Nigeria struggling to meet evolving sustainability standards. This paper examines how the structural design and jurisprudence of WTO environmental rules constrain Nigeria’s environmental trade sovereignty and explores how regional mechanisms under the African Continental Free Trade Area (AfCFTA) could mitigate these constraints. Using a doctrinal and comparative legal methodology supported by institutional analysis, the study identifies limited participation in WTO environmental litigation, weak inter-ministerial coordination, and inadequate digital trade infrastructure as key barriers to Nigeria’s effective engagement. It argues that the AfCFTA provides a more inclusive platform for collaborative standard-setting, capacity building, and equitable rule-making. The paper concludes that Nigeria must transition from reactive compliance to proactive participation by enacting a comprehensive Trade–Environment Act, strengthening coordination among ministries, investing in data and digital systems, and asserting leadership within the AfCFTA to advance a fairer and more sustainable model of environmental trade governance.