CORPORATE SOCIAL RESPONSIBILITY AND ENVIRONMENTAL PROTECTION IN THE NIGERIAN ENERGY SECTOR: REFLECTION ON ISSUES AND LEGAL REFORM

Abdulkadir Bolaji Abdulkadir

INTRODUCTION

The abatement of environmental degradation has been an issue which has received growing attention in recent times. Despite the increased attention however, environment pollution has remained unabated in Nigeria with its adverse impacts on the citizens. The question then is, do businesses owe society any social responsibility as it relates to the protection of environment? The Energy sector in Nigeria plays a very crucial role in Nigeria’s development, as the industrial development and innovation necessary for the economic development of any country is directly linked to the management of energy resources. Nigeria is endowed with abundant (fossil fuel) energy resources, such as oil, gas, coal, fuel wood, etc., which are dominantly the fuel sources for electrical energy production, yet, Nigeria is faced with environmental challenges capable of limiting and destroying access to these energy resources without taking cognizance of their environmental control. Therefore, this article attempts at navigating the imperative of Corporate Social Responsibility. Furthermore, the use of Corporate Social Responsibility as a tool for abatement and prevention of environmental damage to the energy sector is considered. Finally, possible recommendations were made as control measure through CSR in Nigeria in order to protect the energy resources and ensure a clean and healthy environment.

Keywords: Corporate Social Responsibility (CSR); Pollution; Sustainable Development.

DOI: https://dx.doi.org/10.4314/jsdlp.v12i2.8

Abdulkadir Bolaji Abdulkadir (PhD), Associate Professor, Department of Public Law, Faculty of Law, University of Ilorin, Nigeria

REDRESSING HARMFUL ENVIRONMENTAL PRACTICES IN THE NIGERIAN PETROLEUM INDUSTRY THROUGH THE CRIMINAL JUSTICE APPROACH

Cleverline T. Brown*

Nlerum S. Okogbule**

INTRODUCTION

The discovery and continued exploitation of crude oil in Nigeria with its many advantages, has exposed the Nigerian environment to several forms of pollution and degradation. Consequently, extensive harm has been done to the human and natural environment some of which may prove irreversible. This is largely attributable to wrongful environmental practices, sabotage, ineffective regulation and enforcement mechanisms. Sadly, environmental laws in Nigeria do not specifically criminalize such inimical activities, while some grave environmental crimes are downplayed and treated as civil wrongs. This article argues in favour of a compelling need for a reassessment of environmentally harmful acts with a view to codifying and criminalizing certain acts to promote the observance of basic environmental laws, especially by multinational corporations, and support the realization of a sustainable environment in the country. This has become imperative as Nigeria is a subscriber to the United Nations Sustainable Development Goals (SDGs). An effective and efficient regulatory regime is a vital for achieving these goals by the year 2030.

Keywords: Environment, Environmental Pollution, Environmental crime, Ecocide, SDGs.

DOI: https://dx.doi.org/10.4314/jsdlp.v11i2.3

* LL.B (RSU), B.L (Lagos), LL.M (RSU), Lecturer in Law, Rivers State University, Port Harcourt Nigeria and PhD Law Researcher, University of the West of England, Bristol, United Kingdom (UWE). E-mail: cleverline2.brown@live.uwe.ac.uk

** LL.B (Ife), B.L (Lagos), LL.M (Ife), PhD (Glasgow), Professor of International Law and Vice-Chancellor, Rivers State University, Port Harcourt, Nigeria. Email: nlerumokogbule@ust.edu.ng

ENHANCING STAKEHOLDER PARTICIPATION IN THE NIGER DELTA REGION: THE POTENTIAL CONTRIBUTIONS OF THE ILO CONVENTION 169

Afolasade A. Adewumi* and Adeniyi Olatunbosun**

ABSTRACT

Nigeria’s indigenous people, found in the Niger Delta area, have for many years experienced developmental challenges associated with oil exploration. The region has been perennially engulfed in various forms of agitation pertaining to self-government and resource control. Over the years, attempts to solve these problems have been merely palliative, basically due to local stakeholders’ perception that they are excluded from decision making about the issues that affect their existence. For many years, the Nigerian government has grappled unsuccessfully with the challenge of fostering broad-based participation and stakeholder engagement in the Niger Delta. This article contends that the problems which have arisen can be addressed through the ratification of the International Labour Organization (ILO) Convention 169 by the Nigerian government. Owing to a recent constitutional alteration in Nigeria, the ILO Convention 169 will not require domestication, arguably, making it a ready and viable toolkit for the progressive realization of participatory rights in the Niger Delta.

Keywords: Niger Delta, ILO, constitution, human rights, pollution, participation.

Doi: http://dx.doi.org/10.4314/jsdlp.v6i1.6

---

* LL.B, LL.M, PhD, BL, Lecturer, Department of Jurisprudence and International Law, Faculty of Law, University of Ibadan, Ibadan, Nigeria.

** LL.B, LL.M, M.Phil, PhD, BL, Professor of Law and Dean, Faculty of Law, University of Ibadan, Ibadan, Nigeria.

VESSEL-SOURCED POLLUTION: A SECURITY THREAT IN MALAYSIAN WATERS

Abdulkadir O.Abdulrazaq* and Sharifah Zubaidah Syed Abdul Kader**

ABSTRACT

Vessel- sourced pollution is one of the major sources of marine pollution and it encompasses accidental discharge of oil, intentional discharge of oil (like discharge from ballast tanks), chemicals, dumping, etc. The United Nations Convention on the Law of the Sea (UNCLOS), 1982 and some other conventions make provisions concerning protection of marine environment and this has the support of many other regional, national and global institutions. In Malaysia, the consent of the relevant authority is required for a discharge of oil that is above the quantity allowed under the law. However, despite the fact that there have been enormous regulations on the pollution of the marine in Malaysia, it appears that pollution by vessels is still on the increase. The legal framework stipulating conditions for discharge of oil at seas are well founded in many jurisdictions like Malaysia but some of the legal regulation appears to be inadequate, thereby threatening sea’s environment and causing the irreparable damage to marine resources and human safety. This paper considers the number of ships that traverse the straits of Malacca and the implications of pollution arising therefrom. It recommends for consent of the appropriate authority and a stiffer penalty for every discharge of oil by vessel in order to avert hazardous damage arising from pollution by ships.

Keywords: Vessel-Sourced, Pollution, Security, Threat, Malaysian, Waters.

---

* Ph.D (IIUM, Malaysia) LL.M, (O.A.U, Ile-Ife, Nigeria), LL.B (Ilorin, Nigeria), Lecturer, Department of Private and Property Law, Faculty of Law, University of Ilorin, Nigeria. Email-kor181law@gmail.com.

** SJD, (Bond, Australia), MCL, LL.B, Associate Professor of Law, AIKOL, International Islamic University Malaysia.

HAZE POLLUTION IN INDONESIA

Melda Kamil Ariadno*

ABSTRACT

Haze pollution has been one of the most serious environmental catastrophes in countries with wide areas of forest, such as Indonesia. Efforts to combat haze pollution have been carried out at the national, regional and international levels. Adopting principles developed within international law arena such as sustainable development, precautionary principle, foreseeability, due diligence and good neighbourliness have been canvassed for every state in the world especially those having activities which have potential impact to cause transboundary pollution. Indonesia has been experiencing forest burns from time to time and trying to combat it ever since. National law has been developed, institutions have been designated, and mechanisms have been created. These efforts are however far from complete. Indonesia needs to go much further than what have been undertaken this far. A necessary way forward would be to ratify the 2002 Association of Southeast Asian Nations (ASEAN) Agreement on Transboundary Haze Pollution, which Indonesia fails to ratify. This paper discusses the problems of haze pollution in Indonesia, the applicable rules under international law including the state responsibility doctrine, the mechanism developed within the ASEAN Agreement, what steps have been taken by Indonesian Government in combating haze pollution, and the need for Indonesia to ratify the ASEAN Agreement.

Keywords: Haze, Pollution, ASEAN, Indonesia

---

* Melda Kamil Ariadno (LL.B) (LL.M) (Ph.D.) is a Senior Lecturer (Associate Professor) of International Law at the Faculty of Law, University of Indonesia, majoring in law of the sea, the law of treaties and international environmental law. email: meldakamil@gmail.com