Oil Multinationals in Nigeria: Human Rights, Sustainable Development and the Law
(Sprache: Englisch)
Decades of irresponsible oil exploitation in the Niger Delta have caused a water and air pollution which does not have many comparisons anywhere else. In an already fragile country as Nigeria, characterised by weak democratic institutions and poor economic...
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Decades of irresponsible oil exploitation in the Niger Delta have caused a water and air pollution which does not have many comparisons anywhere else. In an already fragile country as Nigeria, characterised by weak democratic institutions and poor economic governance, this situation has led to increasing discontent and violence towards both the government and the oil multinationals. These two actors co-operate for the maximisation of oil profits and revenues while, at the same time, excluding local host communities from the participation in the oil development projects, preventing them from achieving a sustainable development, violating their human rights, and compromising their livelihoods.This book analyses the legal framework of Nigeria in the oil sector and the peculiarities of the country in order to provide a critical overview of the issues, demonstrating that the amendment of the domestic Acts dealing with the topic, as well as the remediation to the damages caused by oil multinationals, are no longer deferrable. The final aim is to suggest a pattern to sustainable oil development which, by means of applying the concepts of Corporate Social Responsibility, would help to quell the conflict, to improve the local people s standards of life, and to make Nigeria emerge as a socio-environmentally responsible African resource-rich country.
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Text Sample:Chapter 1. The Nigerian legal regulation of the oil industry:
This chapter will focus on the analysis of the main Nigerian Acts relating to the oil sector. The aim is to offer a critical overview of the legislative and regulatory framework in the country. Beside the national law, attention will be also paid to the international law instruments on human rights and environmental issues, as well as related to the control of multinational enterprises: oil exploration and production affect the environment in the Niger Delta and the livelihoods of the resident communities, which is tantamount to a violation of human rights.
The significance of studying the legal scheme lies in the fact that, as regards developing countries and especially Nigeria, the reasons behind the harmful consequences of a major industry s activities (like oil development) can be found, first of all, exactly in the contradictions and loopholes of domestic Acts and Regulations. As a result, a better understanding of the law will help in considering how CSR can improve the legal standards and not only be regulated by them.
Chapter 1. 1. National legislation:
Chapter 1.1.1., The Land Use Act (LUA) 1978:
The Land Use Act (LUA) is the pillar of the Nigerian legal structure related to the management of land. It has a remarkable impact in the regulation of oil
activities, given the characteristics of this sector.
Emerging from the scrutiny of the LUA, it is possible to say that it systemically transfers the land rights from the local communities and state governments to the federal state: this has led to a situation in which oil multinationals take advantage of the national low standards in the field of compensation, thus avoiding to comply with the standards set at the international level.
To be more precise, the reference, here, is to Section 28, which states that land may be appropriated from the federal State for overriding public interest , and provides that the central government
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can require the land for mining purposes and oil pipelines or for any purpose connected therewith.
Ako demonstrates how the historical evolution of the Nigerian nation has led to a subtraction of land s rights from those communities who were traditionally entitled of the ownership and use of the lands and resources, by the federal government. According to the author, vesting all rights to lands and natural resources in the government is equivalent to a subtraction of the communities environmental rights. As also argued by Atsegbua, indeed: the denial of the existence of environmental rights is primarily responsible for the under-development of the Niger Delta area.
The 2003 WAC Global Services Report, entitled Peace and Security in the Niger Delta , recognises that the main cause of conflict is not represented by the corporate policies, but by the actual practices. Nonetheless, the same report also states that aspects of current policies (land acquisition, oil spill compensation, hiring and contracting) may feed into, or even create conflict. (Emphasis added).
The subtraction of the land from the local communities to the benefit of the oil sector constitutes one of the main reasons at the basis of the Nigerian environmental disaster, as well as the main cause of discontent and instability in the Niger Delta region.
The main outcome of the above discussion is that, although the MNCs claim their compliance to the law, this is not sufficient to identify corporate good practices, based on justice and equity grounds.
Chapter 1.1.2., The Oil Pipelines Act (OPA) 1956 and the Petroleum (Drilling and Production) Regulations 1969:
Beside the misappropriation of rights to land and resources, it is appropriate to consider the compensation problem. The domestic Nigerian law is set in order to avoid the payment of fair and adequate compensation for the losses deriving from oil activities, both related to land acquisition and to environmental pollution.
When analysing the
Ako demonstrates how the historical evolution of the Nigerian nation has led to a subtraction of land s rights from those communities who were traditionally entitled of the ownership and use of the lands and resources, by the federal government. According to the author, vesting all rights to lands and natural resources in the government is equivalent to a subtraction of the communities environmental rights. As also argued by Atsegbua, indeed: the denial of the existence of environmental rights is primarily responsible for the under-development of the Niger Delta area.
The 2003 WAC Global Services Report, entitled Peace and Security in the Niger Delta , recognises that the main cause of conflict is not represented by the corporate policies, but by the actual practices. Nonetheless, the same report also states that aspects of current policies (land acquisition, oil spill compensation, hiring and contracting) may feed into, or even create conflict. (Emphasis added).
The subtraction of the land from the local communities to the benefit of the oil sector constitutes one of the main reasons at the basis of the Nigerian environmental disaster, as well as the main cause of discontent and instability in the Niger Delta region.
The main outcome of the above discussion is that, although the MNCs claim their compliance to the law, this is not sufficient to identify corporate good practices, based on justice and equity grounds.
Chapter 1.1.2., The Oil Pipelines Act (OPA) 1956 and the Petroleum (Drilling and Production) Regulations 1969:
Beside the misappropriation of rights to land and resources, it is appropriate to consider the compensation problem. The domestic Nigerian law is set in order to avoid the payment of fair and adequate compensation for the losses deriving from oil activities, both related to land acquisition and to environmental pollution.
When analysing the
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Autoren-Porträt von Roberto Cui
Roberto Cui was born in Iglesias, Italy, in 1987.After a bachelor degree in Political Sciences and a Master Degree in International Relations at the University of Cagliari, he obtained a Master of Law Degree in International Energy Law and Policy at the University of Stirling, Scotland.
His research interests consist in the analysis of international dynamics as concerns the relationship between big powers and developing countries. In particular, he stresses the importance of energy in defining the global and regional assets of power. In this regard, he has specialised in the study of the oil Multinational enterprises interference in the human rights performance of least developed, resource-rich countries. Moreover, his study method is characterised by a constant quest for the avenues through which such countries can possibly amend their legal structure and achieve a sustainable energy resources development.
Bibliographische Angaben
- Autor: Roberto Cui
- 2015, Erstauflage, 68 Seiten, Masse: 15,5 x 22 cm, Kartoniert (TB), Englisch
- Verlag: Anchor Academic Publishing
- ISBN-10: 395489369X
- ISBN-13: 9783954893690
Sprache:
Englisch
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