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Author: Fatima Motunrayo Lawal Publisher: ISBN: Category : Conflict management Languages : en Pages : 470
Book Description
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: Fatima Motunrayo Lawal Publisher: ISBN: Category : Conflict management Languages : en Pages : 470
Book Description
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: Cyril Obi Publisher: Bloomsbury Publishing ISBN: 1848138091 Category : Political Science Languages : en Pages : 268
Book Description
The recent escalation in the violent conflict in the Niger Delta has brought the region to the forefront of international energy and security concerns. This book analyses the causes, dynamics and politics underpinning oil-related violence in the Niger Delta region of Nigeria. It focuses on the drivers of the conflict, as well as the ways the crises spawned by the political economy of oil and contradictions within Nigeria's ethnic politics have contributed to the morphing of initially poorly coordinated, largely non-violent protests into a pan-Delta insurgency. Approaching the issue from a number of perspectives, the book offers the most up-to-date and comprehensive analysis available of the varied dimensions of the conflict. Combining empirically-based and analytic chapters, it attempts to explain the causes of the escalation in violence, the various actors, levels and dynamics involved, and the policy challenges faced with regard to conflict management/resolution and the options for peace. It also examines the role of oil as a commodity of global strategic significance, addressing the relationship between oil, energy security and development in the Niger Delta.
Author: Kenneth Omeje Publisher: Routledge ISBN: 1351930796 Category : Political Science Languages : en Pages : 344
Book Description
Nigeria is Africa's largest oil producing country. Oil generates enormous wealth but also extensive and devastating conflict in the country. High Stakes and Stakeholders critically explores the oil conflict in Nigeria, its evolution, dynamics and most significantly, the interplay and consequences of high stake politics for the reproduction and persistence of the conflict. It presents a conceptual anatomy of state-oil industry-society relations and demonstrates how the embedded material interests and accumulation patterns of different stakeholders underlie, shape and complicate both the oil conflict and security. In addition, the book provides key insights into comparable conflicts elsewhere in the global south, developing a logical framework for resolving the oil conflict in Nigeria and for reforming the security sector. This book is valuable reading material for courses in international political economy, social ecology, development studies, African politics, conflict and security studies, and environmental law and management. It will also be of interest to policy practitioners, civil societies and the oil industry.
Author: Derri, Damfebo Kieriseiye Publisher: Malthouse Press ISBN: 9785407055 Category : Law Languages : en Pages : 233
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: Augustine Ovuoronye Ikelegbe Publisher: LIT Verlag Münster ISBN: 3643903154 Category : Business & Economics Languages : en Pages : 361
Book Description
This book presents a critical analysis of how oil and gas exploitation - with huge negative impacts on environment, development, and human security - has constructed a disturbing terrain of civil agitation, state repression, violent conflicts, and insecurity within Nigeria. Drawing on the nature and content of public policy and corporate social responsibility practices, the book interrogates the conflicts' communal and regional dimensions in terms of causality, dynamics, and interventions. In presenting strategies and mechanisms for resolving the diverse dimensions of the resource conflicts, it charts the way towards sustainable development and conflict transformation - two issues which would remain germane to the resource conflict resolution discourse in the specific case of the Niger Delta and beyond. (Series: Politics and Economics in Africa - Vol. 7)
Author: Austin Onuoha Publisher: Adonis & Abbey Publishers Ltd ISBN: 1912234726 Category : Business & Economics Languages : en Pages : 240
Book Description
One of the major policy challenges for the US following the events of September 11 2001 and their aftermaths has been how to reduce the country's dependence on oil from the Middle East. There have been suggestions of policy shifts in Washington in which Africa's share of US oil imports will rise dramatically over the next few years. Nigeria, one of the world's largest producers of crude oil, is believed to have more than 30 billion barrels of crude oil reserves, mostly in the Niger Delta areas. Despite this huge reserve however, crude supplies from the country remains at best erratic largely because of conflicts, violence and the rise of ethnic militias in the oil-producing areas of the country. The book explores the causes, sources and dynamics of the conflicts between the oil-bearing communities and oil companies in Nigeria. Taking its point of departure from the social interaction paradigm, it argues that the conflicts in the Niger Delta are embedded in the triangular relationship between the government, the oil companies and the host communities.
Author: Zainab Ladan Mai-Bornu Publisher: Springer Nature ISBN: 3030455254 Category : Political Science Languages : en Pages : 268
Book Description
The book argues that in order to better understand the undercurrents of the Niger Delta conflict, it is imperative to analyse the dynamics of choice in terms of the distinct courses of action taken by the Ogoni and Ijaw. Given the similar structural constraints, the author considers why the Ogoni adopted nonviolent resistance, and the Ijaw violent resistance. This book is divided into seven chapters starting with an introduction to oil and political violence in African conflicts, and includes a synoptic overview of four other resource-rich countries in Africa. Theoretical and conceptual underpinnings of conflict are then presented with the aim of situating the Niger Delta conflicts within the wider conflict literature. Chapter Three concentrates the discussion on the Nigerian Niger Delta, outlining the core issues at the centre of the contestations. The following three chapters offer an in-depth empirical analysis on the interaction between the narratives on nonviolence versus violence, the nature of leadership styles, and the organisation of the Ogoni and Ijaw movements along with a concluding chapter.
Author: Austin Onuoha Publisher: Adonis & Abbey Publishers ISBN: 9781905068067 Category : Political Science Languages : en Pages : 244
Book Description
One of the major policy challenges for the US following the events of September 11 2001 and their aftermaths has been how to reduce the country's dependence on oil from the Middle East. There have been suggestions of policy shifts in Washington in which Africa's share of US oil imports will rise dramatically over the next few years. Nigeria, one of the world's largest producers of crude oil, is believed to have more than 30 billion barrels of crude oil reserves, mostly in the Niger Delta areas. Despite this huge reserve however, crude supplies from the country remains at best erratic largely because of conflicts, violence and the rise of ethnic militias in the oil-producing areas of the country. The book explores the causes, sources and dynamics of the conflicts between the oil-bearing communities and oil companies in Nigeria. Taking its point of departure from the social interaction paradigm, it argues that the conflicts in the Niger Delta are embedded in the triangular relationship between the government, the oil companies and the host communities. ________ Austin Onuoha, studied History at the University of Ife, Ile-Ife, Nigeria and did graduate studies in Conflict Transformations at the Eastern Mennonite University in Harrisonburg, Virginia, USA. He has worked on issues of human rights and conflict resolution in, and around the Niger Delta of Nigeria for over 10 years, including as the Executive Secretary/Head of Conflict Resolution at the Human Rights Commission, Abakaliki, Nigeria. He was also a consultant to the Centre for Social and Corporate Responsibility (CSCR) based in Nigeria's oil capital, Port Harcourt. He is currently a doctoral candidate in Conflict Analysis and Resolution at the Nova Southeastern University, Fort Lauderdale, Florida, and USA.
Author: Fatima Motunrayo Lawal
Author: Fatima Motunrayo Lawal
Author: Jedrzej George Frynas
Author: Cyril Obi
Author: Kenneth Omeje
Author: Derri, Damfebo Kieriseiye
Author: Augustine Ovuoronye Ikelegbe
Author: Bronwen Manby
Author: Austin Onuoha
Author: Zainab Ladan Mai-Bornu
Author: Austin Onuoha