ENTRENCHING WASTE HIERARCHY FOR SUSTAINABLE MUNICIPAL SOLID WASTE MANAGEMENT IN KENYA

Wambua Kituku 1

Collins Odote 2

Charles Okidi 3

Patricia Kameri-Mbote 4

INTRODUCTION

Prioritizing waste prevention, reuse, recycling and recovery of materials and energy over disposal through landfilling, offers the waste hierarchy approach (WHA) a sustainable pathway to the management of municipal solid wastes (MSW) and realization of a circular economy. The concept is now part of the legal framework in some developing countries and its implementation has been credited for addressing waste problems linked to high rates of economic growth and urbanization. Even though Africa Vision 2063 prioritizes improvements in urban waste recycling in the continent, much of the MSW generated on the continent is disposed through landfilling evidencing weak adoption of the WHA. This article contends that because WHA is not adequately incorporated in the current legal framework at national and sub-national levels of government, Kenya is unlikely to achieve a circular economy approach necessary for realizing sustainable waste management. Operationalization of the WHA is impeded by inadequate financing, weak institutional coordination, gaps in private sector and informal actors’ engagement and risks associated with investments in large-scale waste recovery initiatives. It is therefore necessary for Kenya to elaborate the WHA in its legal framework at both national and county level, while ensuring adequate financing, involvement of informal actors, incentivization of private sector and adoption of waste planning procedures.

Keywords: Waste Hierarchy, Circular Economy, Municipal Solid Waste Management, Sustainability

DOI: https://dx.doi.org/10.4314/jsdlp.v11i2.2

1 BSc (JUAT), LL.B (Nairobi), LLM (Nairobi) PhD Candidate (Nairobi), University of Nairobi, Kenya 

2 LLB (Nairobi), LLM (Nairobi), PhD (Nairobi), Director, Centre for Advanced Studies in Environmental Law ( CASELAP), University of Nairobi, Kenya

3 BA (Alaska), MA (Tufts), PhD (Tufts), Professor, CASELAP and IDS, University of Nairobi, Kenya 

4 LLB (Nairobi), LLM (Warwick), LLM (Zimbabwe), PhD (Stanford), LLD (Nairobi), Professor of Law, Faculty of Law, University of Nairobi

DESIGNING REGULATORY GOVERNANCE MODELS FOR MANAGING HYDROCARBON RESOURCES: LESSONS LEARNED FROM NORWAY AND THE UK

Eduardo G. Pereira 1

Eddy Wifa 2

Jonathon W. Moses 3

INTRODUCTION

While the ever-evolving nature of the global energy industry remains apparent particularly with a transition away from fossil fuel energy systems, the role of oil and gas particularly for emerging economies is undeniable. As new discoveries of oil and gas emerge in countries in Africa, South America, and Southeast Asia, the dominant question will be how to design robust regulatory governance regimes not just for the exploration of oil and gas but also for the management of these resources. As both the United Kingdom and Norway are described as mature oil and gas jurisdictions by virtue of their profound experience, there are valuable lessons to be drawn. Despite some remarkable differences in both the UK and Norwegian regimes, experience suggests that strategy, foresight, regulatory rigour, and political will are valuable to mitigating the consequences of the political economy of speed, which suggest the development of natural resources at the expense of everything else. This paper provides both a comprehensive and critical appraisal of both the UK and Norwegian regimes in a way that captures the complexity of divergent regulatory governance structures.

Keywords: Resource Management, Regulatory Model, Hydrocarbon Regulations, Sovereign Wealth Fund, Fiscal Regime

DOI: https://dx.doi.org/10.4314/jsdlp.v11i2.1

1 Dr. Eduardo G Pereira is a professor of natural resources and energy law in a full-time, part-time, associate, adjunct, research and/or visiting scholar in a number of leading academic institutions around the world (including the Siberian Federal University, University of São Paulo, University of Aberdeen, Strathmore University, Agostinho Neto University, Externado University of Colombia and among others). Further information about his profile and publications can be found at: www.eduardogpereira.com

2 Dr. Eddy Wifa is an Energy and Natural Resource Law Lecturer at the University of Aberdeen, Scotland, United Kingdom.

3 Dr. Jonathon Moses is a professor at the Department of Sociology and Political Science , Norwegian

TOWARDS SUSTAINABLE WATER RESOURCE MANAGEMENT IN RURAL NIGERIA: THE ROLE OF COMMUNITIES

Augustine Edobor Arimoro*

Habibah Musa**

INTRODUCTION

Access to water is crucial for healthy living and survival. In developing countries such as Nigeria, rural communities often suffer from a severe shortage of the supply of fresh, potable water. The need to change the tide has led to the inclusion of the adequate availability of water for all as one of the 2030 United Nations Sustainable Development Goals. Evidence shows that the lack or poor supply of freshwater could lead to a prevalence of waterborne diseases and might negatively affect economically important activities. While water sustainability deals with ensuring adequate supply of water for the present and future generations, water resource management is the strategy for achieving water sustainability. Considering the above, this article examines the literature on water resource management vis-à-vis the legal framework for water management in Nigeria. The article notes that rural communities in the country have a critical role to play in water resource management in the country and in the quest to attain the goals for water. It is recommended that policies should be implemented to provide for sustainable management of water as well as a strategy for educating rural communities on what they must do to achieve the Sustainable Development Goals for water management in Nigeria at the rural community level. For example, there is a need to provide for private sector led water development projects in rural areas backed by government subsidy as well as programmes to enlighten community leaders on their role in ensuring water sustainability.

Keywords: Water, access to water, legal framework for water management, rural area, SDGs, Nigeria.

DOI: https://dx.doi.org/10.4314/jsdlp.v11i2.2

* St Mary’s Law School, St Mary’s University Twickenhan, London – augustine.arimoro@stmarys.ac.uk, ORCID: https://orcid.org/0000-0002-8698- 9328.

** Faculty of Law, Nassarawa State University, Keffi – habibahmusa09@gmail.com

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

INTERROGATING THE MULTILATERAL TRADING SYSTEM AND PARADIGMS OF CORPORATE SOCIAL RESPONSIBILITY: IMPLICATIONS FOR NIGERIA

Laura Ani

INTRODUCTION

Corporate social responsibility (CSR) norms are a strategic business policy that now forms the cornerstone of how international trade is governed globally. Although initially a voluntary initiative, its relevance in promoting social, environmental, and ethical responsibilities among global investors has arguably been conceived as trade distorting and violating the tenets of the World Trade Organization (WTO). Nonetheless, CSR is now mainstream in all related global transactions. This article seeks to evaluate the impacts of global CSR on international trade and examine the extent of Nigeria’s participation in global CSR. The article argues that Nigeria should go beyond considerations of trade that focuses mainly on liberal market access and expand the practice to include environmental, social, and ethical practices. It concludes that adherence to international CSR will propel developing countries to meet the UN Sustainable Development Goals.

Keywords: Corporate Social Responsibility, World Trade Organization, Sustainable Development.

DOI: https://dx.doi.org/10.4314/jsdlp.v11i2.4

LLB, LLM, M.Phil., Grad ICSAN. Research Fellow, Nigerian Institute of Advanced Legal Studies, Abuja. Email: ashleyani29@gmail.com

ATTAINING THE SUSTAINABLE DEVELOPMENT GOALS IN AFRICA: THE NEW CSR FOR MULTINATIONAL CORPORATIONS

Nojeem Amodu

INTRODUCTION

The fact that Africa is one of the worst performing regions in global audits about long-term development trends is longer news. The continent has repeatedly missed targets set by the United Nations and there are concerns it might just be left behind in the attainment of the latest 2030 Agenda Sustainable Development set by world leaders in 2015. With a view to complementing states’ responsibilities towards the provision of public goods and social services useful to actualize the Sustainable Development Goals (SDGs) in Africa, this article interrogates the nature of multinational corporations (MNCs) and juxtaposing the non-state actor responsibilities within wider societal contexts with state duties in advancing the SDGs. The article not only sets the tone for a “new corporate social responsibility” in terms of improved pursuit of sustainability within business communities in corporate Africa, it also recommends workable measures, integrating progressive roles for both the state and MNCs towards the realization of the SDGs on the continent.

Keywords: Corporate Responsibility; MNCs; SDGs in Africa; New CSR Roles; Regional Integration.

DOI: https://dx.doi.org/10.4314/jsdlp.v11i2.5

Postdoctoral fellow at the University of Cape Town, South Africa. Email: nojeem.amodu@uct.ac.za

“HUMANIZING” INVESTMENTS IN THE EXTRACTIVE INDUSTRIES IN AFRICA THROUGH THE IFC’S SUSTAINABILITY POLICIES

Chairman Okoloise

INTRODUCTION

International financial institutions face enormous challenges in Emerging Markets and Developing Economies (EMDEs). They finance infrastructure projects, manage vast investment portfolios, offer advisory services, and contribute to economic development in EMDEs. In the process, they are exposed to huge risks and face reputational damage if they act recklessly or have little or no regard for their projects’ adverse impacts on third parties. In the context of natural resource exploitation in Africa, the weak governance of environmental and social risks often results in devastating consequences for communities proximate to investment projects. Promises of infrastructure and social services, job opportunities and economic boom have only often delivered land grabs, forced displacement, cultural infringements, environmental pollution, conflicts, health disasters, misery and sometimes deaths. As calls for greater corporate scrutiny increase, investment project facilitators in the extractive industries like the International Finance Corporation (IFC) must respond appropriately. To preserve its reputation and long-term market access, the IFC needs to apply a higher degree of due diligence and sustainable business conduct that proactively treat risks and limit its exposure. With the rising number of complaints against IFC policy compliance, including projects tainted by scandals and the debarment of companies from accessing international finance, this article demonstrates that merely promoting sustainable investment policies on paper is inadequate. Using a human rights-centred approach to development project financing, the article critically assesses the extent to which the implementation of the IFC’s sustainability framework can practicably protect resource-rich communities, safeguard human rights and ensure sustainable development outcomes in Africa.

Keywords: Extractive Industries, Human rights, Project Financing, IFC, Compliance, Sustainable Development.

DOI: https://dx.doi.org/10.4314/jsdlp.v11i2.6

DAAD (German Academic Exchange) Doctor of Laws Candidate, Centre for Human Rights, University of Pretoria, South Africa. LLB (Ambrose Alli), BL (Nigeria), LLM (Pretoria), Dip (Åbo Akademi); Dip (Copenhagen). Email: chairmanokoloise@yahoo.com

CLIMATE CHANGE ADAPTATION AND ITS IMPLEMENTATION AT NATIONAL AND INTERNATIONAL LEVELS

Olubunmi Ayodele Afinowi

INTRODUCTION

Climate change adaptation is the second arm of climate change action and seeks to ensure that all countries tackle the impacts of climate change by addressing both social and geographical vulnerabilities. The article discusses adaptation and its application at national and international levels. It also examines adaptation to climate change as a developmental challenge and how the principles of sustainable development can aid climate change action. The article analyses relevant aspects of national and international instruments relating to climate change adaptation and spotlights the commitment of Nigeria and South Africa to climate change adaptation. The article finds that integrating sustainable development into governance helps adaptation and increases resilience against the impacts of climate change. The article also emphasizes the necessity of good governance, particularly protection of human rights, climate finance and effective land use governance, to ensure climate change adaptation. The article argues that climate change adaptation should be viewed more as a developmental, rather than an environmental, challenge. It further asserts that coordinated action, especially in relation to land use governance and sustainable development is required to ensure sustainable climate action. This is particularly so given that citizens of many developing countries, including Nigeria and South Africa, depend on land and its resources for social and economic development.

Keywords: Adaptation; Climate Finance; Good Governance; Nigeria; South Africa.

DOI: https://dx.doi.org/10.4314/jsdlp.v11i2.7

PhD (University of Cape Town, South Africa), Lecturer, Faculty of Law, University of Lagos.

COMPARATIVE ANALYSIS OF GREEN BOND REGIMES IN NIGERIA AND CHINA

Alex Oche

INTRODUCTION

Climate change has taken the centre stage in the debate of most governments around the world. At regional and international levels, efforts are being made to manage the problems emanating as a result of climate change. Response to the climate change can be summarized under two headings, namely, adaptation and mitigation measures. These measures do not come by cheaply, however. They are capital intensive; hence private sector funds will be needed to fund these adaptation and mitigation projects as public sector funding has remained insufficient. One way to mobilize private sector funds to tackle climate change is by using green bonds. But for green bonds to achieve its potentials as a sustainable investment tool, there must be a solid regulatory framework for the green bond market. Towards that end, this article analyses soft law instruments as well as national green bond regulations of Nigeria and China. It has been discovered that the Climate Bonds Standard and the Green Bond Principles form the basis of most jurisdictions of green bond regulations. nevertheless, due to regulatory arbitrage, there is no consensus green standard, and this poses a governance challenge to the green bond market. The article concludes that much of the responsibilities in setting green standards and enforcement of green standards rest on the domestic green bond regulations, and this can only be achieved with water-tight regulations for green bonds at domestic levels.

Keywords: Climate Change; Green Bonds; Nigeria; China.

DOI: https://dx.doi.org/10.4314/jsdlp.v11i2.8

Lecturer, College of Law, Afe Babalola University, Ado Ekiti, Nigeria. Associate Research Fellow, Institute for Oil, Gas, Energy, Environment and Sustainable Development. Email ocheaj@abuad.edu.ng

SUSTAINABLE DEVELOPMENT GOALS, EXTRACTIVES INDUSTRIES AND THE ENERGY NEXUS – INSIGHTS IN THE MENA REGION

John Kilani

INTRODUCTION

Sustainable development is undoubtedly one of the biggest challenges the world continues to face today. We live in a world where more than 800 million people still live in extreme poverty; one out of nine people are starving; 2.5 billion lack access to clean water; and 1.3 billion people have no access to modern electricity. It is against this backdrop that the world leaders in September 2015 adopted the 2030 Agenda for Sustainable Development, enshrining the 17 UN Sustainable Development Goals (SDGs) – a new, universal set of goals, targets and indicators that all UN Member States are expected to use for framing their sustainable development agendas and policies until 2030. This article seizes the opportunity to engage in the ongoing discourse on the contributions from major sectors to the realization of the SDGs, particularly in the face of growing world population. The purpose of the article is to explore the role of the energy sector in the implementation of sustainable development agendas, particularly in the MENA region. The article finds that the region’s diverse circumstances and substantial petroleum and natural gas reserves make it an ideal region for typifying the central role of energy in today’s world. The article explores, under five themes, some pertinent issues relating to the UNSDGs and their connectivity to energy, drawing illustrative examples from four countries – one small resourcerich country (Qatar), one relatively large resource-rich country (Saudi Arabia), the largest country from North Africa (Egypt), and a country grappling with the challenges of reconstruction after years of strive and instability (Iraq). The article highlights that some of the countries are successfully unlocking the benefits of economic growth, through the development of their natural resources. It concludes that, through concerted efforts to address some challenges, extractive sector operations can play significant roles in advancing the SDGs in the entire region.

Keywords: Sustainable Development; UNSDGs; Energy; MENA Region.

DOI: https://dx.doi.org/10.4314/jsdlp.v11i2.9

Director of Sustainable Development, The Abdullah Bin Hamad Al-Attiyah International Foundation for Energy and Sustainable Development, Doha, Qatar.

CONTRIBUTION OF THE EXTRACTIVE INDUSTRY TO SUSTAINABILITY IN THE MIDDLE EAST AND NORTH AFRICAN (MENA) REGION

Adenike A. Akinsemolu

INTRODUCTION

The extractive industry has great potential for mobilizing financial support as well as physical, technological, and human resources to advance the Sustainable Development Goals (SDGs). This article traces developments in the industry with a view to identifying existing gaps in knowledge and the proactive measures needed to ensure that the extractive industry makes a crucial contribution to the society. More specifically, this article explores the historical and current contributions that extractive industries have on social development, political stability, and economic prosperity in the Middle East and North African (MENA) region. Practical and specific examples are used to show the progress made in the attainment or support of the SDGs. The first finding is that the extractive industry in the region has the potential and opportunity to contribute to the attainment of all the 17 SDGs. The second finding is that despite the extractive industry being diverse, the nature and scope of typical activities highlight that various common opportunities can be leveraged on to achieve progress on the SDGs. Thirdly, an unprecedented level of stakeholder cooperation is needed to attain the SDGs. Finally, extractive industries in the MENA region are lagging in furthering SDGs because their activities contribute to environmental degradation.

Keywords: Sustainable Development Goals; Mining; Middle East; North Africa; Environmental Sustainability.

DOI: https://dx.doi.org/10.4314/jsdlp.v11i2.10

Senior Research Fellow, Institute for Oil, Gas, Energy, Environment and Sustainable Development, Afe Babalola University, Ado Ekiti, Nigeria.