Alternative Dispute Resolution and Land and Environment Disputes in Nigeria PDF Download

Author:
Publisher:
ISBN:
Category : Customary law
Languages : en
Pages : 36

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Author: Derri, Damfebo Kieriseiye
Publisher: Malthouse Press
ISBN: 9785407055
Category : Law
Languages : en
Pages : 233

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Book Description
Broad aspects of Alternative Disputes Resolution (ADR)and Arbitration are covered in this book, with emphasis on the application of ADR to specific areas. It describes in very succinct manner the meaning of ADR, analyses conflict under ADR models, their advantages over courtroom litigation and why it should be embraced. Chapter 5 is a particularly notable contribution to the body of knowledge, where the author demonstrates how it can be used to resolve matters in the heart of society, commercial and political disputes such as investment and election disputes. The book is not only a handy textbook for use by teachers and students, but should also meet the increasing needs of practising lawyers, judges, other professionals and corporate practitioners, oil and banking industries, the trades unions and state agencies concerned with mediation, conciliation and arbitration.

Author: Federal Bar Association
Publisher:
ISBN:
Category : Environmental mediation
Languages : en
Pages :

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Author: Joseph Olusegun Adebayo
Publisher: Cambridge Scholars Publishing
ISBN: 1036408337
Category : Political Science
Languages : en
Pages : 165

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This collection of chapters delves into the intricate history and ongoing challenges of peacebuilding in Nigeria. It explores Nigeria’s complex sociopolitical landscape, tracing its roots from the amalgamation of 1914 to present-day conflicts. The chapters offer insightful analyses of various peacebuilding efforts in different regions of Nigeria, addressing issues such as conflict-sensitive journalism, land disputes, NGO interventions, armed banditry, community tensions, and school-based violence. Through research findings and practical recommendations, the book sheds light on the multifaceted nature of peacebuilding and the importance of context-specific approaches in fostering sustainable peace. With contributions from diverse perspectives, this volume serves as a valuable resource for scholars, policymakers, practitioners, and anyone interested in understanding and promoting peace in Nigeria and Africa.

Author: Dele Peters
Publisher:
ISBN:
Category : Dispute resolution (Law)
Languages : en
Pages : 332

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Author: Fatima Motunrayo Lawal
Publisher:
ISBN:
Category : Conflict management
Languages : en
Pages : 470

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This study explore ways of resolving oil and gas disputes especially environmental issues such as oil spillage, gas flaring, effluent discharge etc that create environmental degradation using Alternative Dispute Resolution, ADR mechanisms. The concept of ADR has its origin in African laws, thus is not alien to African people. The study exposes the limitation in environmental litigation through the courts in the oil and gas sector in Nigeria. The limitations are as a result of numbers of factors the most significant being the over bearing influence of the multinational corporations; the enormous support they enjoyed from the Federal Government; weak statutory provisions and limitation of the common law in tackling environmental problem. The study adopted the qualitative methodology in the gathering and analysis of it data. The study examined key legislations on environment guiding the operation of the Nigerian oil industry, case laws and common law principles applicable to the environment and environmental litigation in the Nigerian context. The study also gathered data through the instrumentality of semi-structured interview and focus group discussion with community leaders, environmental activists, alternative disputes resolution practitioners and employees in selected oil multinational corporations in Nigeria. The core problem that informed this study is the examination of the problem of environmental degradation arising from the operation of the oil industry and the associated crisis of neglect, marginalization, loss of livelihood and poverty in the Niger Delta. The core objective of the research is to explore how environmental degradation associated with the operation of the Nigerian oil and gas industry in the Niger Delta has generated endemic systemic conflict and to examine the efficacy of the various initiatives taken by the Nigerian State and the oil multinationals in resolving environmental based and related conflicts in the oil producing areas. The significance of the study lies in its attempt at highlighting the importance of ADR as the most amicable, economical and speedy way of settling disputes that often arise in the course of the operational activities of the oil and gas industry in the Niger Delta. The point being that such disputes deserves to be quickly and speedily resolved via the instrumentality of ADR in order to avoid the destabilization that might arise through long drawn court litigation. The literature confirmed grave environmental devastation in the Niger Delta and the inability of adversarial litigation in ensuring environmental justice in Nigeria. The findings show that there is increasing incidence of disputes that arise out of environmental concern between communities and companies in the region. These disputes are made worse by the failing inability of the court system to deliver environmental justice to claimants in the area. This failing inability is as a result of corrupt practices, obnoxious government policies, fraudulent practices among community leaders, unruly behaviour of multinational oil companies, attempts at avoiding culpability through dubious legal means among other issues. This has hindered efforts at achieving sustainable peaceful community-companies relations. This in turn has led to confrontation between host communities and companies over the control of natural resources and sustainable use of the environment. According to findings of this study litigation has failed the people in the Niger Delta in their struggle for justice. This is also corroborated by existing literature on the issue. Hence ADR is therefore, considered as the best alternative nonadversarial methods of resolving environmental and other related disputes in the Nigerian oil and gas industry in addition to the use of faith based principle if properly implemented.

Author: Helmut Weidner
Publisher:
ISBN: 9783894041793
Category : Dispute resolution (Law)
Languages : en
Pages : 465

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Author: Ernest E. Uwazie
Publisher: Cambridge Scholars Publishing
ISBN: 1443862541
Category : Political Science
Languages : en
Pages : 265

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Conflicts in Africa have a great deal in common, and striking parallels can be drawn between them at all levels. Dynamics affecting the most complex war-time conflicts, civil unrest and other macro disputes are in play even in the smallest community conflicts. The converse is also true: lessons learned through community mediation, for example in South Africa, are applicable to the most complex and largest conflicts to be found on the continent. Together, the eleven chapters in this publication, in addition to the prologue and epilogue, suggest that a comprehensive assessment of efforts and investments in conflict resolution and peace studies in Africa since the mid-1990s is due in order to identify lessons and challenges, as well as best practices. Just as conflict dynamics are comparable between African conflicts, whether large or small, local or international, so are alternative dispute resolution processes. Effective approaches to resolving large-scale conflicts and civil wars are effective at the community level, and ineffectual techniques at the community level are just as likely to be counter-productive in mediating international disputes. While there may be some differences in mediating macro- and micro-conflicts (such as the time required, the need for negotiation teams, and the complexities of agenda development or pre-negotiations), as far as the mediation process is concerned, the differences are more like variations on a theme than real substantive dissimilarities. This volume provides case studies of programs and policies, and legislations on alternative dispute resolution and peace building, and examines and proposes some new, promising ideas for conflict prevention, as well as maintenance of peace, justice and security in Africa.

Author: Gail Bingham
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 314

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Author: David Ukpong
Publisher:
ISBN:
Category : Ethnology
Languages : en
Pages : 380

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