Local Content and Sustainable Development in Global Energy Markets

Edited by Damilola S. Olawuyi

Local Content and Sustainable Development in Global Energy Markets

Local Content and Sustainable Development in Global Energy Markets analyses the topical and contentious issue of the critical intersections between local content requirements (LCRs) and the implementation of sustainable development treaties in global energy markets including Africa, Asia, Europe, North America, Latin America, South America, Australasia and the Middle East While LCRs generally aim to boost domestic value creation and economic growth, inappropriately designed LCRs could produce negative social, human rights and environmental outcomes, and a misalignment of a country's fiscal policies and global sustainable development goals. These unintended outcomes may ultimately serve as disincentive to foreign participation in a country's energy market. This book outlines the guiding principles of a sustainable and rights-based approach – focusing on transparency, accountability, gender justice and other human rights issues – to the design, application and implementation of LCRs in global energy markets to avoid misalignments.

Climate Change Law and Policy in the Middle East and North Africa Region

Damilola S. Olawuyi

Climate Change Law and Policy in the Middle East and North Africa Region provides an in-depth and authoritative examination of the guiding principles of climate change law and policy in the MENA region.

This volume introduces readers to the latest developments in the regulation of climate change across the region, including the applicable legislation, institutions, and key legal innovations in climate change financing, infrastructure development, and education. It outlines participatory and bottom-up legal strategies—focusing on transparency, accountability, gender justice, and other human rights safeguards—needed to achieve greater coherence and coordination in the design, approval, financing, and implementation of climate response projects across the region. With contributions from a range of experts in the field, the collection reflects on how MENA countries can advance existing national strategies around climate change, green economy, and low carbon futures through clear and comprehensive legislation.

Taking an international and comparative approach, this book will be of great interest to students, scholars, and practitioners who work in the areas of climate change, environmental law and policy, and sustainable development, particularly in relation to the MENA region.

Environmental Law in Arab States

Damilola Olawuyi

Environmental Law in Arab States

• The very first book-length examination of the essential features of environmental law and regulation in the Arab region

• Outlines guiding principles for a sustainable, integrated, and rights-based approach to environmental law and policy

• Explores how legal innovations relating to Islamic green finance, climate infrastructure, and renewable technologies are shaping environmental regulation and governance

• A complete survey of how international and regional instruments on environmental law are applied across the area, focusing on the influence of Islamic principles on the development of environmental law and policy

Principles of Green and Sustainability Science

Adenike A. Akinsemolu

The Principles of Green and Sustainability Science

• Focuses on the principles of green and sustainability science using various case studies

• Contributes to literature in the science and environmental field by providing information on the scientific aspects of sustainability

• Offers extensive information on viable solutions for the problems besetting our societies, especially the environment and unemployment

• Draws on insights from many experts with a diverse range of backgrounds in sustainability The first text to deal exclusively with sustainability issues in Africa

  This book uses the concept of sustainability in science to address problems afflicting the environment, and to devise measures for improving economies, societies, behaviors, and people. The book pursues a scientific approach, and uses scientific evidence as the basis for achieving sustainability. The key topics addressed include: unemployment, health and disease, unsustainable production, our common future, renewable energies, waste management, environmental ethics, and harmful anthropogenic activities. Whereas past literature has mainly examined sustainability as an environmental issue, this book expands the conversation into various sciences, including mathematics, biology, agriculture, computer science, engineering, and physics, and shows how sustainability could be achieved by uniting these fields. It offers a wealth of information across various disciplines, making it not only an intriguing read but also informative and insightful.

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Sustainable development and the water-energy-food nexus: Legal challenges and emerging solutions.

Damilola Olawuyi

Abstract

Traditionally water, energy and food (WEF) resources are governed in many countries by separate sets of laws, rules and institutions. However, recent studies have increasingly underlined the WEF nexus approach as a framework for coherent, holistic and integrated implementation of the Sustainable Development Goals (SDGs) to address fragmentations and ensure cleaner and efficient production methods in each sector.

This article examines the legal and governance aspects of integrating and implementing the WEF nexus in practice. Various legal and institutional challenges that arise with a nexus approach, such as incompatibility of WEF nexus aims, limited rule linkages, institutional limitations and resource constraints are examined in order to identify the ways in which an integrative legal framework on WEF can help close these gaps.

The study suggests that enhanced levels of legislation and rule linkage; elaboration of common and shared principles by institutional actors in WEF domains; as well knowledge, expertise and information sharing on WEF-related decision making are significant steps towards advancing systemic and integrated governance of WEF resources.

Keywords: Water, Energy, Food, Sustainable development, Climate change, Systemic integration, Multi-level governance

The vulnerability of women to climate change in coastal regions of Nigeria: A case of the Ilaje community in Ondo State

Adenike A. Akinsemolu and Obafemi Alaba Olukoya

Abstract

Values, patriarchal norms, and traditions related to gender and gendering are diverse among societies, communities, and precincts. As such, although climate change is expected to exacerbate vulnerabilities and deepen existing gender inequities and inequalities, the impacts will be unequally felt across geographical strata. This implies that the specificity of the vulnerability of women to climate change may also vary from community to community and society to societies. However, mainstream literature on the vulnerability of women to climate changes in coastal zones trivializes the plurality and nuances of different geographical contexts by universalizing context-specific vulnerability to climate change. Mindful of the limitations associated with the generalizing conception of women’s vulnerability, this paper is therefore underpinned by the implicit assumption that a successful response to the vulnerability of women to climate change in coastal zone is forged in the nexus between contextual investigation of climate change parameters and a localized investigation of differentiation in gender roles, patriarchal norms and other unknown factors in a particular setting. Thus, this paper presents a case study of the contextual vulnerability of women to climate change in Ilaje coastal region in Nigeria. Examining the intersecting complex of contextual factors, the paper establishes that beyond patriarchal traditions and norms: economic, political, educational and environmental factors are at play in the vulnerability of women to climate change in Ilaje community. To this end, this paper posits that to alleviate the vulnerability of women to climate change in coastal zones, the understanding of contextual factors play a fundamental role.

Keywords: Women, Vulnerability, Coastal region, Climate change, Ilaje, Nigeria

Human rights and the environment in the Middle East and North African region: trends, limitations and opportunities

 Damilola Olawuyi

Abstract

This chapter develops a profile of law and governance arrangements across the Middle East and North African (MENA) region, designed to respect, protect and fulfil the fundamental human right to environment and sustainable development. It examines the potentials and limitations of constitutional and legislative approaches to environmental human rights enforcement in the region. It then discusses the need for procedural reforms to address institutional barriers to stakeholder engagement and participation that limit the committed and coordinated delivery of environmental justice in the region. By ensuring that the design, approval, finance and implementation of development projects occur with the participation and approval of all stakeholders, including women, young people and vulnerable communities, environmental pollution and human rights infringements due to development projects, may be better anticipated and avoided.

The achievement of regulatory excellence in the oil and gas industry in Nigeria: the 2017 National Oil and Gas Policy

 Chilenye Nwapi

Abstract

This article critically assesses the regulatory landscape for oil and gas development proposed under the 2017 Nigeria gas and petroleum policies, which are together referred to as the Nigeria Oil and Gas Policy (NOGP) 2017, to highlight its capacity to lead to the achievement of regulatory excellence in the oil and gas industry in Nigeria. The assessment is based on a conceptual framework developed by the Penn Program on Regulation (PPR) at the University of Pennsylvania Law School in 2015 to assist the Alberta Energy Regulator – the body responsible for regulating energy development in Alberta, Canada – to identify the best regulatory approach to overcome the challenges of regulating energy development in the province. The PPR framework is selected not only because it is based on a detailed and systematic review of earlier frameworks but also because it is the only framework prepared primarily for the energy sector, though its elements can be easily adapted to other sectors as well. The article’s central argument is that while the NOGP 2017 represents an important step forward in the efforts to effectively regulate the oil and gas industry, there are significant gaps in the regulatory landscape proposed in the policy for the achievement of regulatory excellence. The article identifies those gaps and notes, however,that the achievement of regulatory excellence depends considerably on the implementation framework adopted by the new yet-to-be-established regulator when it comes into operation.

Keywords: regulatory excellence, petroleum policy, gas policy, Nigeria, Petroleum Industry Governance Bill, utmost integrity, empathic engagement, stellar competence

Promoting transparency in Central African mineral development

Chilenye Nwapi

Abstract

With growing international interest in mineral resources in Central Africa, the importance of transparency in resource development cannot be overemphasized. Without transparency, the region cannot maximize revenues from resources. Although the importance of transparency is beginning to be recognized, many factors can hold back the gains of transparency from resulting in real economic development for the countries involved. This paper reviews current financial, economic, and development literature for Central African countries, with a focus on identifying underlying conditions and specific transactional conditions impacting the effectiveness of transparency in mining development in the region.

Keywords: Central Africa, Mineral development, Subnational transparency, Transparency

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Land Ownership, Mineral Development and Agriculture in Nigeria: An Examination of Key Issues and Challenges

Chilenye Nwapi

Abstract

This paper analyzes the interface between mineral development and agriculture in the context of land ownership and control in Nigeria. It critically examines the key issues regarding land ownership and control, examines the rules governing use of land for mineral development under the Nigerian Petroleum Act and the Minerals and Mining Act, and examines the nature of the rights granted to oil and gas and mineral operators with a view to ascertaining how these interface with the rights of agricultural landowners. The overall aim is to identify and analyze how the conflict between mineral development and agriculture can be reconciled in Nigeria within the context of land ownership and control.

Keywords: Land Ownership, Agriculture, Mineral Development, Eminent Domain, Nigeria

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Environmental Sentencing Policy in Alberta: A Critical Review

Chilenye Nwapi

Abstract

This paper reviews the sentencing policy in environmental cases in Alberta, Canada with a view to identifying the underlying theoretical justifications, the prevailing sentencing options and the principles governing their application, and the factors that influence environmental sentencing generally in Alberta. The ultimate goal is to assess the application of the sentencing principles and factors to determine their usefulness and potential effectiveness. After analyzing the legal nature of environmental offences, the paper proceeds to analyze the theories informing environmental sentencing in Alberta. This is followed by a discussion of the available environmental sentencing options in Alberta and lastly by an analysis of the factors considered in the application of those options. A major conclusion of this paper is that there appears to be a deliberate policy towards increased fines – both traditional fines (fines simpliciter) and non-traditional fines (such as fines imposed in the nature of creative sentencing). This policy reflects increasing awareness in Alberta of the need to toughen up on environmental criminals.

Keywords: Environmental sentencing, Creative sentencing, Alberta

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Governance considerations relating to social impact assessments for mining development in African communities

Abstract

This paper explores how social impact assessments (SIAs) can be applied productively in mining development in African societies characterised by weak regulatory structures and ethnic diversity. It evaluates the nature of the social risks associated with mining development in Africa and examines the concept of SIA as a tool for mitigating those risks. Most importantly, it considers the factors that should be taken into account in the design and implementation of SIA programs in ethnically diverse African regions. One of the paper's central theses is that within-group perceptions of procedural justice are instrumental to the success of participatory processes for SIAs in mining development in Africa.

Keywords: Social impact assessment, Mining development, Ethnic diversity, Community, Participation, Stakeholders, Representativity

Neoliberal Extractive Resource Governance Frameworks and Interregional Economic Inequality in the Global South: Strengthening regional competitiveness through local content …

Chilenye Nwapi

Abstract

This paper examines how, within a neoliberal extractive resource governance framework, countries in the global South can forge their own development path successfully. The paper proceeds from the standpoint that the meaning of neoliberalism is not cast in stone and that it is possible within a neoliberal framework for countries in the global South to formulate new policies that are capable of lifting them out of poverty and inequality. The paper focuses on how the global South may use the local content policy in extractive resource governance to strengthen regional competitiveness and address interregional inequalities. It argues that a local content policy designed to give deliberate consideration to the regions where the resource extraction takes place, accompanied by an income redistribution policy administered by the central government, has a great potential to engender regional competitiveness and consequently address interregional inequalities within countries in the global South.

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The international legal regime for sustainable soil

Chilenye Nwapi

Abstract

 Work on the development of adequate international and national legal frameworks for sustainable soils has been underway for over a decade. Significantly, the initial drafting work on the need for an international convention or other instrument on soil came from the soil science community. In 1999, as a result of an approach from soil scientists to the IUCN Commission on Environmental Law a Specialist Group on Sustainable Soils and Desertification was established in order to investigate both international and national legal regimes to promote the sustainable use of soil. This paper looks at the development of an international legal instrument on sustainable soils, and explores the scope and range of possibilities for the form of such an instrument. It then canvasses the basic elements that should be included in the drafting of national of national legislation. It concludes by making some preliminary suggestions regarding the development of legal and institutional frameworks for soil management in Balkan countries.

Key words: Legal protection of soil, international and national legal frameworks

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Book Review: The Governance Gap: Extractive Industries, Human Rights, and the Home State Advantage, by Penelope Simons and Audrey Mackli

Chilenye Nwapi

Abstract

Penelope Simons and Audrey Macklin's book, The Governance Gap: Extractive Industries, Human Rights, and the Home State Advantage is a valuable contribution for researchers on the extraterritorial activities of the extractive sector, and in particular its impacts on the environment and human rights. The authors question what the development of domestic and international regulation would look like if governments took seriously the duty to protect human rights from the activities of their extractive sector corporations. The proposal outlined in the book will be of interest to academics, politicians, and public servants working towards establishing a governing framework aligned with the much discussed and debated United Nations Guiding Principles on Business and Human Rights. However, certain aspects of the authors' proposal are impracticable and not the best alternative for addressing the problem of extraterritorial wrongdoing by the extractive sector. A more comprehensive analysis of private law strategies would have benefited the readers in communicating a thorough account of this fundamentally important issue of legal regulation. Keywords: Extractive Industries, United Nations Guiding Principles, Human Rights

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Planning for the Future: The Creation of New Corridors for Energy Infrastructure in Alberta, Canada

 Chilenye Nwapi

Abstract

This paper examines two strategic land-use planning statutes created by the Government of the province of Alberta, Canada to address energy infrastructure and environmental challenges: the Alberta Land Stewardship Act (ALSA) and the Land Assembly Project Area Act (LAPAA). ALSA incorporates an ecosystem management approach for land and resource management and mandates the creation of "integrated planning regions" and the development of plans that reflect regional differences in available renewable and non-renewable resources. LAPAA is intended to facilitate the creation of corridors for major energy infrastructure projects by empowering the Lieutenant Governor in Council to designate land in advance for future projects and to impose restrictions on the use of the designated land by the landowner. What are the short and long term implications of such restrictions for landowners? This article analyzes the two acts and considers laws from other jurisdictions to provide perspectives on how other jurisdictions are managing the challenges of building new energy infrastructure.

Keywords: Energy corridors, land use planning, property rights, public consultation, Alberta

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Resource Extraction in the Courtroom: The Significance of Choc v. Hudbay Minerals Inc for the Future of Transnational Justice in Canada

Chilenye Nwapi

Abstract

Canada has not seen much transnational litigation along the lines of the United States Alien Tort Statute. Until the decision of the Superior Court of Ontario in Choc v Hudbay Mineral Inc., no such case had survived pretrial challenges. This article explores the significance of the Hudbay decision for the future of transnational justice in Canada. The paper argues that Hudbay is significant for its attempt to recognize a novel duty of care between Canadian corporations and local communities harmed by the activities of Canadian corporations’ subsidiaries abroad. It is also significant for the plaintiffs’ successful use of the direct liability theory. Lastly, the decision underscored the need for plaintiff lawyers to place sufficient particulars of all allegations on the pleadings, a lesson that must have been learned from the failure of the previous cases.

Keywords: Transnational litigation, transnational corporations, duty of care, corporate complicity in human rights abuses

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A Necessary Look at Necessity Jurisdiction

 Chilenye Nwapi

Abstract

While the doctrine of necessity jurisdiction is relatively new globally, it is fast garnering academic, legislative, and judicial acceptance. However, its exact nature and appropriate scope of application occupy a fringe position in both jurisprudence and literature. This article is an attempt to explore the nature and scope of the doctrine with a view to suggesting appropriate limits to its application. It explores the doctrines legislative and jurisprudential development in Canada as well as its international validity.

Keywords: Necessity Jurisdiction; Forum Necessitatis; Emergency Jurisdiction; Access to Justice

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Enhancing the Effectiveness of Transparency in Extractive Resource Governance: A Nigerian Case Study

 Chilenye Nwapi

Abstract

Nigeria has been acclaimed as a model for the implementation of the principles established under the Extractive Industries Transparency Initiative (EITI). The goal of the principles is to promote accountability and effective management of resource revenues, which in turn would result in improvements in public welfare and better developmental outcomes, such as a more equitable distribution of wealth, improved socio-economic conditions, and poverty alleviation. However, a look at the socioeconomic condition in Nigeria raises questions regarding the impact of the achievements of NEITI on public welfare. Corruption remains endemic in the oil and gas industry, the sector on which the implementation of the EITI principles has been almost entirely focused. This article analyzes Nigeria’s experience with the implementation of NEITI with a view to theorizing about the reasons behind the lack of, or minimal,  improvements in the lives of ordinary Nigerians as well as the persistence of corruption despite Nigeria’s acclaimed achievements in EITI implementation. The article argues that while EITI is an important driver of economic progress in Nigeria, it should not be viewed as enough to overcome the broader problems hindering improvements in public welfare. Other factors are necessary to translate the gains of EITI into visible public welfare improvements. The article identifies those factors and analyzes how they hold back the gains of EITI in Nigeria as well as its implications for emerging extractive countries signing or considering signing up with EITI.

Keywords: extractive resource governance, transparency, public welfare improvements, corruption

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Environmental Impact Assessment Process for Oil, Gas and Mining Projects in Nigeria: A Critical Analysis Article

 Chilenye Nwapi

Abstract

This article examines legislation and practice concerning the environmental impact assessment (EIA) process for oil and gas projects in Nigeria. It argues that although EIAs have become a standard legal requirement for all oil, gas and mining projects in Nigeria, not much is achieved in terms of managing the impacts of these projects. The reasons are legion. They range from the lack of political commitment on the part of the government to enforce environmental standards, the scarcity of baseline information against which the environmental impacts can be assessed, and non-implementation, or lack of committed implementation, of EIA reports. The result is that operators carry out EIAs to satisfy the dry letters of regulatory provisions for the purpose of obtaining operational permits. The article recognizes that some improvements have been made in the EIA system relevant to oil and gas development, especially since the inauguration of democracy in Nigeria in 1999. It submits that those changes have not produced any meaningful improvement due to the same factors outlined above.

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