Thesis
Oil-pigmented Niger delta : towards effective enforcement of the oil pollution laws as a way of achieving environmental justice
- Creator
- Rights statement
- Awarding institution
- University of Strathclyde
- Date of award
- 2018
- Thesis identifier
- T17253
- Person Identifier (Local)
- 201171510
- Qualification Level
- Qualification Name
- Department, School or Faculty
- Abstract
- Environmental justice means different things to different people; however, it links ethnicity, race, income and equitable distribution of environmental goods and burdens, access to information, participation and access to justice. For some, the focus is on equal distribution, for others, it is a context for dialogue, whilst for others it connotes legal principles and procedures. Application of these interpretations involves diverse approaches and rules. In this study, the researcher examines how the oil-related activities and its externalities cause environmental injustice (EI) in the Niger Delta. Using comparative analysis, the research also examines the relevant laws and their enforcement in the US and Nigeria with a view of achieving environmental justice (EJ) for the Niger Deltans. It also considers the use of international acceptable standards (IAS) as the standard of enforcement by both the regulators and private enforcers by examining some court decisions that furthers the advancement of achieving EJ.It examined the NGOs role, the extraterritorial litigations and the use of African courts in pursuing EJ matters. The thesis was inspired because of the ongoing EI in the Niger Delta because of inequitable policies and ineffective regulation and its aim was to examine Nigerian laws and enforcement processes relating to oil pollution as a necessary contribution to prompting and sustaining EJ in the Niger Delta. The researcher achieved this by means of a literature review and comparative analysis of oil pollution laws, enforcement mechanisms and strategies in the US and Nigeria as well as evaluation of how the practices measure with the industry IASs. Findings revealed that there is a connection between oil-related activities and EI in the Niger Delta, attributed to the laws, disparity between law and reality and enforcement failures. It specifically examined the effectiveness of the laws by analysing their design; analysing penalties for noncompliance and how long it takes to address the problems the law intends to address. It found that the designation of the Nigerian laws reduce EJ, encourage EI and does not provide the benchmark for effective enforcement. It also found that economic interest caused by oil dependency, ineffective federal structure, conflict of interest; legislative gaps, limited regulatory powers and reactive enforcement affect regulatory enforcement showing a pattern of EI. The examination of the effectiveness of regulatory and private enforcement in line with EJ principles and the insights drawn from the literature review and experiences in the US help in identifying some theoretical and normative weaknesses in the Nigerian laws relating to oil-pollution abatement and their enforcements. These apply where relevant and apply in finding proposals for improvement. To position Nigeria for optimal enforcement, the study recommends review of the laws in line with some US laws and IAS considering contextual issues in Nigeria. It concludes that pollution laws modelled on economic theory of law and economics and citizen suits offer the most appropriate approach to deter and in effect help in achieving EJ in Nigeria. Considering the difficulty faced in Nigeria in amending or enacting new laws, the researcher also recommends the adoption of EGASPIN by the legislature and the courts as a quick solution pending the enactment of new laws. The courts should also consider IAS because some Nigerian laws referred to them. The recommendations are for Nigeria, but can apply in any jurisdiction seeking to improve on EI caused by oil pollution.
- Advisor / supervisor
- Poustie, Mark
- Yusuf, Hakeem
- Resource Type
- Note
- This thesis was previously held under Moratorium from 15th June 2018 until 15th June 2023.
- DOI
Relations
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