WHAT IS THE PROBLEM WITH STABILIZATION CLAUSES IN PETROLEUM AGREEMENTS?

Victoria R. Nalule*

ABSTRACT

International Oil Companies (IOCs) continue to invest in countries which do not have stabilization clauses. Why is this so? What is the essence of these clauses? One of the curiosities of stabilization clauses in petroleum agreements, is that most developed countries will not offer them to investors. So, why do developing countries with stable political, fiscal and regulatory climate offer them? Additionally, history shows that these stabilization clauses have not deterred host governments from expropriating petroleum investments. While governments may be able to make commitments of their own, as a matter of national sovereignty they may not be able to bind the legislative competence of the State into the future. These concerns are the main driver behind this article, which is influenced by the various questions asked by policymakers in the Global South on the importance of stabilization clauses for the sustainable development and management of natural resources.

Keywords: Stabilization; sustainable development; natural resources; oil and gas

Ph.D. (Dundee), Senior Research Fellow, Institute for Oil, Gas, Energy, Environment and Sustainable Development (OGEES Institute).

CURRENT TRENDS IN SUSTAINABILITY EDUCATION AND THE FUTURE OF SUSTAINABILITY EDUCATION IN NIGERIA

Adenike A. Akinsemolu 1

Foluke V. Arijeniwa 2

INTRODUCTION

This article examines the current trends in sustainability education and the future of sustainability education in Nigeria. It contends that development and environment are intertwined and thus should be systematically embedded into educational activities to yield environmentally responsible and accountable policies and citizens in the quest for sustainable development. The significant roles of Environmental Education (EE) as a tool for propagating United Nations sustainable development goals (SDGs) have been identified within Nigeria's national guidelines and policy visions. While there is this recognition, implementing and delivering EE programs remains significantly affected by various practical implementation challenges. Despite various studies documenting the value of EE for the achievement of the SDGs, challenges related to governance and laws limiting the roll-out of these programs in Nigeria continue to pose implementation challenges. Thus, this article seeks to look at the various institutional and legal challenges arising with the implementation of these programs within Nigeria and how to practically address them. The main challenges identified in this study are inadequate funding, capacity gaps, insufficient facilities, inadequate infrastructure, and the lack of EE in national strategies and plans. Recommendations for addressing these challenges are provided, along with conclusions on the future outlook.

Keywords: environmental education, Environment, Environmental Education, Sustainable Development, sustainability, current trends, future of sustainability

DOI: https://dx.doi.org/10.4314/jsdlp.v12i2.11

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

Foluke V. Arijeniwa, Research Associate, The Green Institute, Nigeria

GENDER EQUALITY AND SUSTAINABLE DEVELOPMENT: EVALUATING THE EFFECTIVENESS OF NIGERIAN LAWS AND PRACTICES TO GUARANTEE THE WOMAN’S HUMAN RIGHT

Oluwakemi Odeyinde

INTRODUCTION

In light of the prevalence of discriminatory practices and violence against women, gender equality has been internationally recognized as one of the sustainable development goals to be achieved by state parties before the year 2030. However, achieving equality between men and women has been the greatest human right issue in Nigeria. The main aim of this article is to show that women are important in promoting sustainable development. However there are provisions of the Nigerian law which discriminate against a woman. This article argues that sections 221, 353, 357 and 360 of the Criminal Code and sections 55, 282(2) of the Penal Code discriminate against a girl or woman. In addition, although Nigeria is a party to a number of international treaties such as CEDAW, gender discrimination remains a major threat to sustainable development. The limited number of women appointed in the senate shows the extent of marginalization of women in Nigeria. For example, the United Nations rating of Nigeria in human development is low due to the fact that the percentage of seats held by women in parliament is so minimal compared to the men. Therefore the findings of this article are to assist policymakers in enforcing sustainable practices that promote gender equality by among other things, amending the relevant provisions of the criminal code and the penal code which discriminates against a female in Nigeria. Finally, to reconsider bringing back the gender equality bill that was rejected for second reading in 2015 at the floor of the senate.

Keywords: Gender equality, discrimination, sustainable development, human rights

DOI: https://dx.doi.org/10.4314/jsdlp.v12i2.10

Oluwakemi Odeyinde, LLM (UNILAG) BL (UI) is a Law Lecturer II, Centre for Foundation Education, Bells University of Technology Ota, Ogun State, Nigeria. E-MAIL: kemiodeyinde@gmail.com: 08178312706, 08056682060

ADDRESSING THE IMPACTS OF THE COVID-19 PANDEMIC ON PUBLIC PRIVATE PARTNERSHIP (PPP) CONTRACTS

George Nwangwu

INTRODUCTION

The Covid-19 pandemic has significantly impacted the health and economy of the world. The pandemic has also frustrated the execution of public-private partnership (PPP) projects across the world, with economic and legal consequences for contracting parties. The impacts of the pandemic have, and may continue to, result in uncertainties and even project failures. PPPs are underpinned by long term contracts which should ordinarily determine the rights, obligations and remedies arising out of the impact of the pandemic. However, the legal outcomes are never always certain or determinable and might not augur well for any of the parties. This article examines legal and contractual tools for managing uncertainties and risks arising from the pandemic. It suggests that, as much as possible, parties should rely on extra-contractual arrangements to resolve the issues that are likely to arise out of the pandemic. This article discusses the possible legal outcomes of the pandemic on PPP arrangements and suggests creative ways of mitigating its impacts.

Keywords: Covid-19, Pandemic, Risk, Public-Private Partnerships, Contracts

DOI: https://dx.doi.org/10.4314/jsdlp.v12i2.9

George Nwangwu, LLB. Lagos; LLM. London; MBA Oxford, PhD. Hull. Research Fellow, African Procurement Law Unit, Department of Mercantile Law, Stellenbosch University, South Africa and Honorary Senior Research Associate, The Bartlett School of Construction & Project Management, University College London, London, United Kingdom. gnwangwu@gmail.com

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

THE POLARITIES OF TAX COMPETITION

Pie Habimana

INTRODUCTION

Tax competition is a topic that is often discussed in the forums of international tax lawyers. Not only lawyers but also economists, politicians, and other scientists discuss tax competition topics. One of the elements that characterize such discussions is the polarity of the key aspects of tax competition. Such polarities are the focus of this article, which pulls together disparate discussions on tax competition polarities. This article adds to the existing knowledge some key elements to consider while studying this field. In that context, this article claims that the study of tax competition should not be done in a one-way approach, rather in a two-way approach.

Key words: tax, competition, polarity, harmful

DOI: https://dx.doi.org/10.4314/jsdlp.v12i2.7

Pie Habimana is a Lecturer at the University of Rwanda, School of Law. Senior Partner in Amilex Chambers. Vice-President East Africa Law Society, Ph.D candidate in International Tax Law at Leiden University, Netherlands. Email: pihabimana@gmail.com. Tel: +250788303082.

HARMONIZING COMMERCIAL AND INVESTMENT ARBITRATION: CONFLICT DYNAMICS

Jaya Vasudevan

INTRODUCTION

This article provides an independent analysis of the scope and extent of arbitration under investment agreements, and the implications of the possible convergence in the process of harmonization of international commercial arbitration law. The successful settlement of any dispute depends on the compatibility of the nature of the dispute with the technique to which it is submitted for resolution. In the last decade, there was a constant increase in the number of disputes that were subjected to arbitration and a major chunk of those disputes covered a comparatively new but known area called international investment law. With economic globalization allowing the free flow of foreign direct investment (FDI) in and out of a country, the existing regulatory framework in international law to standardize investment liberalization is often seen as ineffective, hence the consequent disputes. Here, arbitration offers a suitable framework for the amicable settlement of commercial disputes covering investment agreements with the assistance of bilateral or multilateral agreements between the states. Preferential trade agreements pertaining to investment often contain an arbitration clause for the settlement of future disputes between parties. At this juncture, one may find that there exists a fundamental dilemma in ascertaining the true nature of investment arbitration and how it is different from commercial arbitration. For example, the protection being offered to human rights under the purview of investment arbitration may generate doubts in the minds of investment arbitrators. In commercial arbitration, divergences in a pluralistic order become particularly relevant whereas the diverse legal cultures supported by individual constitutional frameworks have a direct impact on investment arbitration due to their practical application. The article also discusses the need for harmonized rules governing arbitration procedures while maintaining the functional dissimilarities between commercial and investment arbitration.

Keywords: Investment; Arbitration; ADR;

DOI: https://dx.doi.org/10.4314/jsdlp.v12i2.6

Jaya Vasudevan, Humboldt Fellow (Heidelberg University), Associate Professor Centre for Postgraduate Legal Studies, TERI School of Advanced Studies, New Delhi-110070. Email: Jaya.vasudevan@terisas.ac.in

COMPENSATING TOXIC TORTS IN KENYA: OVERCOMING THE CAUSATION DILEMMA

Hannah Wamuyu 1

Collins Odote 2

Stephen Anyango 3

INTRODUCTION

Environmental degradation is at unprecedented level in the world. One of the common causes of environmental degradation is pollution which as a consequence leaves contaminants in the environment. The contaminants in the environment cause many diseases to human beings therefore compromising the ability of the environment to support a healthy life. Appropriate legal mechanisms need to be employed in order to make those responsible for pollution liable for environmental damage. Environmental liability frameworks provide an avenue through which claims are verified in order to ascertain proper claimants as well as identifying the polluters who should be made to pay for harm suffered by the victims of pollution. Toxic tort plaintiffs often face challenges when proving the link between the polluter’s activities and their injuries. The inability to prove causation leads to dismissal of cases leaving the victims of pollution without compensation.

The article discusses the pollution problem in Kenya and the causation dilemma that must be tackled by the victims of toxic torts in order to be compensated for their injuries. The article argues that to strengthen compensation outcomes, causation challenges must be addressed within any existing environmental liability framework. The article recommends adoption of a realistic approach by the court when dealing with causation challenges rather than a rigid application of the common law principles which do not favor the process of proving causation for toxic torts. The article proposes an administrative compensation system to complement the adversarial court system and the imposition of strict liability doctrine for polluters responsible for environmental damage.

Keywords: Toxic Waste; Torts: Pollution; Integrated Waste Management; Kenya

DOI: https://dx.doi.org/10.4314/jsdlp.v12i2.5

1 Hannah Wamuyu, PhD Candidate, Center for Advanced Studies in Environmental Law and Policy. (CASELAP), University of Nairobi, Kenya Email: wamuyuhanna@gmail.com

2 Collins Odote, Associate Professor, Faculty of Law;Research Director, Center for Advanced Studies in Environmental Law and Policy(CASELAP), University of Nairobi, Kenya.

3 Stephen Anyango, Associate Professor, Faculty of Law;Center for Advanced Studies in Environmental Law and Policy(CASELAP), University of Nairobi, Kenya.

LEGAL REFORMS AS A TOOL FOR SUSTAINABLE DEVELOPMENT IN FORMER MINING COMMUNITIES: A CASE STUDY OF KABWE LEAD-ZINC MINE, ZAMBIA

Ruth Hachitapika Chibbabbuka 1

Jewette Masinja 2

Isabel B. Franco 3

INTRODUCTION

The mining legacy in Zambia has seen the rise and fall of towns and cities built around the mines which flourish when the mine is in its operational phase but perish once the mine closes. Sustainable Development initiatives at the regional and international level have been formulated and agreed upon for community development requirements in mining laws for resource rich countries to implement in their countries. A research study was established to, investigate the effects of the closure of Kabwe lead-zinc in Zambia, on the local community in the context of sustainable development, and examine the laws and policies that affect the mining sector in the country. This was to ascertain the impact that these have on communities adjacent to mining operations, across the mine life cycle and propose what legal reforms can be enacted to actualize the concept of sustainable development in the mining communities. A mixed research approach was adopted using both the quantitative and qualitative methods. Purposive and snowballing sampling techniques were used to select respondents. A total of 100 questionnaires were administered as and the study received a response of 79%. Closed and open questionnaires, focus group discussions and interview guides were used to collect data from respondents. The study revealed that due to lack of laws on the sustainable development of the mining community at the time of the closure of the of the mine in Kabwe, economic activities dwindled and most former mine workers have ended up being engaged in other activities, mostly agriculture to earn a living. The study also revealed the need to have laws in place to regulate the mine closure in terms of benefits, but revealed a general lack of understanding on the concept of sustainable

Keywords: Legal Reforms, Sustainable Development, Advocacy, Ombudsman

DOI: https://dx.doi.org/10.4314/jsdlp.v12i2.4

1 Ruth Hachitapika Chibbabbuka, Judge in the High Court of Zambia, The Judiciary of Zambia, Plot No. 438, Independence Avenue, P.O. Box 50067, Lusaka, email: chibbabbukar@gmail.com

2 Jewette Masinja, PhD (Queensland), Lecturer, Department of Metallurgy and Material Processing, University of Zambia, Lusaka, Zambia, email: jewette_masinja@yahoo.com

3 Isabel B. Franco, Institute for the Advance of Study of Sustainability, United Nations University, 5 Chome-53-70 Jingumae, Shibuya, Tokyo 150-8925, Japan, email: franco@unu.edu or Isabel@isabelfranco.com (I.B.F)

IMPLEMENTATION OF THE POLICY FOR BANNING INCANDESCENT LAMPS IN THE MARKETS: REVIEW OF THE GLOBAL SITUATION AND CHALLENGES FOR MOZAMBIQUE

Nelson Manuel Alfredo Chapala 1

Cirio Muarapaz 2

Genito A. Maúre 3

INTRODUCTION

The excessive use of incandescent lamps is one of the main factors in the low energy efficiency of the residential sector in Mozambique. To remedy this situation, some countries are banning the import and sale of incandescent lamps in their markets. The article reviews the status of implementation of these actions worldwide and the challenges for Mozambique. The data is drawn from existing literature on the topic under discussion and selected according to purpose. The literature indicates that Mozambique has a program to promote energy efficient incandescent lamps, but the level of its implementation is still very low. Regarding the implementation of the policy to ban incandescent lamps, it was found that the barriers are universal, namely the lack of funding to support the policy actions, the high price of marketing energy efficient lamps, the deficit and doubtful quality of efficient lamps and the little knowledge of consumers and decision makers about the advantages of using energy efficient lamps. However, these data lead us to conclude that it is premature to think about the implementation of the policy to ban the import and sale of incandescent lamps in Mozambique, as there are actions that should be prioritized at this time, namely, the promotion of low consumption lamps, the dissemination of measures for the rational use of electricity in buildings, consumer awareness, the adoption of labels on household appliances and the drafting of specific legislation.

Keywords: Ban of incandescent lamps; energy efficiency; electricity consumption; residential use; Mozambique

DOI: https://dx.doi.org/10.4314/jsdlp.v12i2.3

1 Nelson Manuel Alfredo Chapal holds PhD, Universidade Eduardo Mondlane, Maputo, Mozambique

2 Cirio Muarapaz is the Head of the Energy Efficiency Department at Electricidade de Mocambique, Maputo, Mozambique

3 Genito A. Maúre is an Assistant Professor, Head of the Department of Physics, Faculty of Sciences, Universidade Eduardo Mondlane

TOWARDS THE INTERNATIONAL STANDARDIZATION OF CARBON DIOXIDE CAPTURE, TRANSPORTATION, UTILIZATION AND STORAGE (CCUS) TECHNOLOGIES: CURRENT CHALLENGES AND FUTURE DIRECTIONS.

Alexandre Gallo 1
Eduardo G. Pereira 2
Alberto Fossa 3
Hannah Hylton-Edwards 4
Thomas Muinze5
Edmilson Moutinho dos Santo 6
Clara Dybwad 7
Cylon Liaw*

INTRODUCTION

Climate change poses a serious threat to the development of the current and future generations. Therefore, Carbon Dioxide Capture, Transportation, Utilization and Storage (CCUS) has emerged as an essential tool to mitigate such impacts of global warming along with other initiatives and strategic decisions such as energy transition and conservation, sustainable practices amongst others. This article is focused on the CCUS practices and more specifically the peculiarities of CCUS vis-à-vis the standardization rules at the International Organization for Standardization (ISO). The main question this article aims to address is to determine if CCUS should have its own standing technical committee (TC) or if it should be somehow related to the existing Carbon Capture and Storage (CCS) technical committee.

Keywords: Climate Change; Energy Transition; CCS, CCUS, ISO, CO2, GHG and Standards.

DOI-https://dx.doi.org/10.4314/jsdlp.v12i2.2

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1 Alexandre Gallo (University of São Paulo – Research Centre for Gas Innovation)
2 Dr. Eduardo G. Pereira (University of São Paulo – Research Centre for Gas Innovation, University of West Indies and Siberian Federal University)
3 Dr. Alberto Fossa (University of São Paulo – Research Centre for Gas Innovation)
4 Dr. Thomas Muinzer (University of Aberdeen)
5 Hannah Hylton-Edwards (University of West Indies)
6 Dr. Edmilson Moutinho dos Santos (University of São Paulo – Research Centre for Gas Innovation)
7 Clara Dybwad (University of São Paulo – Research Centre for Gas Innovation)
* Cylon Liaw (University of São Paulo – Research Centre for Gas Innovation)

THE TOP-DOWN MODEL: A DISCUSSION OF CORPORATE SOCIAL RESPONSIBILITY POLICY IN CHINA

Shu Li 1

Paul Appiah-Konadu 2

INTRODUCTION

Corporate Social Responsibility (CSR) has gained significant prominence in China in the period after the reforms and opening-up of the Chinese economy which ushered in the separation of corporate management and state administration as well as the integration of the Chinese economy with the global economy. Since then, the Chinese government and citizens have realized the need to hold enterprises responsible for the effects of their activities on society; and hence began to formulate CSR policies, and to integrate relevant laws, incentives, supervision and control mechanisms in corporate regulations. In 2001, China’s accession to the WTO provided a platform for international reference and exchanges for the development of CSR policies. In 2006, CSR was recognized by the country’s highest authority in legal form for the first time, which also meant that CSR became a national economic development strategy and policy. Unlike the private sectorled CSR in Europe and North America, this study shows that CSR in China is mainly a government-guided phenomenon and more popular among state-owned enterprises (SOE).In this light, we opine that the improvement of CSR policy and practice in China requires reforms designed with special consideration of the unique characteristics of the Chinese society to encourage stakeholder involvement in the policy formulation and participation in the implementation process.

Keywords: China, CSR Policy, Corporate Social Responsibility, TopDown Model

DOI: https://dx.doi.org/10.4314/jsdlp.v12i1.7

1 Shu Li works at Department of Law, University of Brescia, Italy

2 Paul Appiah-Konadu works Department of Law, University of Brescia, Italy; and Sustainability Center, Lagos Business School, Nigeria

LEGAL AND ECONOMIC PERSPECTIVES TO SUSTAINABLE SOVEREIGN DEBT MANAGEMENT IN NIGERIA: ENERGY POVERTY IN PERSPECTIVE

Daniel Olika

INTRODUCTION

In recent times, Nigeria’s total debt stock and its debt management strategies have been a thorny fiscal policy issue in the academia and the media. This is made worse by the fact that the debt profile continues to increase with no infrastructure to show for the increasing debt profile. With contrasting views being canvassed in different circles as to the economic impact of these loans, it has been difficult to state what the exact impact Nigeria’s debt stock has on its economy and how effective the debt management strategies put in place have been. The debates notwithstanding, the fall in oil prices and the impact of the novel corona virus pandemic on the economy leaves the government with extraordinarily little options to address its budget deficit. Despite the dire economic situation, the energy poverty level in the country continues to rise; thereby increasing the need to deploy resources to address energy access in Nigeria. This article therefore undertakes a legal and economic analysis of Nigeria’s debt profile and the debt management strategies. The article does so by comprehensively analysing the economic implications of Nigeria’s debt profile, the impact of its debt management strategies on its economy, and a legal analysis of its debt management strategies and policies. The article also analyses the impact of the total debt stock and the sovereign debt management strategies on energy poverty in the country. The article concludes by arguing that although available data suggests that Nigeria’s public debt is sustainably managed given the low debt to GDP ratio, the high cost of servicing these debts have adverse economic implications on development generally (and energy poverty in particular) and necessitates a thorough review of its legal and policy foundations for managing sovereign debt.

Keywords: Debt Management Strategy, Sovereign Debt, Debt Crisis, Sustainable Debt Management, Debt Servicing, Energy Poverty

DOI: https://dx.doi.org/10.4314/jsdlp.v12i1.6

LL.B (Lagos). Currently an Associate at Kenna Partners and can be reached at; daniel_olika@yahoo.com

UNLOCKING OPPORTUNITIES IN RENEWABLE ENERGY TECHNOLOGIES IN AFRICA: THE ROLE OF DEVELOPMENT FINANCIAL INSTITUTIONS

Oluwaseun Viyon Ojo

INTRODUCTION

Climate change and global warming are undeniably undermining global development with developing or emerging economies being the worse hit in this unfortunate development. In recent times, it has become necessary to adopt effective adaptation measures that mitigate the impact of climate change on the social, political, and economic environment. A global shift to low-carbon energy technologies through the gradual integration of renewable energy resources in the global energy mix has been generally proposed. Whilst legal and regulatory initiatives are indeed crucial in driving this global energy transition, it is equally imperative that the necessary capital is unlocked to finance the construction, development, and expansion of renewable energy projects in Africa. This paper focused on examining the impact of renewable energy technologies on climate change mitigation, and analysed the role of Development Financial Institutions (DFIs) in unlocking the vast opportunities associated with renewable energy technologies or projects, with a view to driving the clean energy transition in Africa.

Keywords: Climate Change, Global Warming, Renewable Energy Technologies, Development Financial Institutions, Financing.

DOI: https://dx.doi.org/10.4314/jsdlp.v12i1.5

Oluwaseun Viyon Ojo,LLB(Hons). BL, Associate, Duale, Ovia and Alex-Adedipe Law Firm, and is experienced in all aspects of corporate finance, project finance, project development and mergers and acquisitions in the power, oil and gas and telecommunications, media and technology sector. I am grateful to the reviewers for their comments and revisions on this article and I fully accept responsibility for all errors and mistake in this paper. The author can be contacted atojoviyon2010@yahoo.com orojoviyon2010@gmail.com. (Received 10 February 2021; final version received 30 May 2021

EQUATOR PRINCIPLES 4-REVISED CLIMATE CHANGE RISK: WHAT DOES THIS MEAN FOR PROJECT FINANCING IN AFRICA AMIDST THE ONGOING ENERGY TRANSITION?

Ailly P.G Sheehama

INTRODUCTION

Since its inception, the Equator Principles Association introduced a risk management framework in response to the ever-changing environmental and social risk in projects. The Equator Principles (EPs) result from minimum standards for risk management to stop the race to the bottom. In June 2013, EP3 was introduced, and climate change requirements were added to address the 'transition towards an ethical and lowcarbon economy.'1 This eventually led to the newly revised Equator Principles 4 (EP4s), 'Climate Change Risk Assessment' (transition risk), in July 2020. This article analyses the effect of the transition risk of EP4 to determine whether this new addition will support or inhibit oil and gas project financing in Africa amidst the ongoing energy transition by questioning the underlying assumptions upon which the policy design was developed. The article concluded that consideration for project financing in Africa could be expected to address the energy needs in Africa while at the same time essentially pushing governments to take into consideration climate change by putting in place processes, policies, and systems to manage these risks.'2 Furthermore, the transition risks definition and implementing standards of EP4 are broadly worded, allowing adapting the principles to a wide range of regimes that positively contribute to these domains. This essentially enables consideration of ethical transition and provides for coordination and coherence across different policy domains.

Keywords: Climate change; Equator principles; Corporate social responsibility; Business and human rights; Risk assessment.

DOI: https://dx.doi.org/10.4314/jsdlp.v12i1.4

Ailly Sheehama, BA Law (Namibia), MA International Oil and Gas Law and Policy (Scotland), Deputy Country Director (Namibia), African Energy & Minerals Management Initiative (AEMI). Email: aillysheehama@gmail.com

ENSURING UNIVERSAL ACCESS TO MODERN ENERGY SERVICES IN TIMES OF PANDEMIC RELATED DISRUPTIONS: LEGAL CHALLENGES AND POTENTIAL RESPONSES

Damilola Olawuyi 1

Victoria R. Nalule 2

INTRODUCTION

The significant disruptions to global energy markets across the world, in light of the COVID-19 pandemic, has shown that without robust law and governance frameworks to mitigate and manage pandemic-related disruptions to energy supply, global efforts to achieve the United Nations Sustainable Development Goals may be stifled. This article examines legal and governance aspects of designing and implementing disaster risk reduction and resilience (DRRR) frameworks to ensure the security of energy supply in times of pandemic related disruptions. Various legal and institutional challenges that arise with extant DRRR frameworks, such as weak conceptualization of pandemic related risks in extant legislation; preexisting patterns of uneven energy access; gaps in data collection and sharing with respect to pandemic risks; inadequate crosssectoral coordination amongst institutional actors, and resource limitations are examined in order to identify the ways in which an integrative legal framework on disaster management and resilience planning can help close these gaps. The study suggests that clear and comprehensive legislation that recalibrate the scope of energy disruptions and improves data collection and cross-sectoral knowledge sharing by relevant institutional actors are significant steps towards protecting the integrity and resilience of modern energy systems in times of disruptive events such as pandemics.

Keywords: COVID-19 pandemic; Disaster; Resilience; Sustainable Development; Multi-Level Governance; Energy Security.

DOI: https://dx.doi.org/10.4314/jsdlp.v12i1.3

1 Damilola Olawuyi, SAN, Professor of Law at HBKU and Director of the Institute for Oil, Gas, Energy, Environment and Sustainable Development (OGEES Institute), Afe Babalola University, Nigeria. Email, dolawuyi@hbku.edu.qa

2 Victoria Nalule is a holder of a PhD in International Energy Law from the University of Dundee, UK. She is a Senior Fellow at OGEES; and visiting lecturer at East African University. She is also the Executive Director of the African Energy and Minerals Management Initiative (AEMI); and CEO of Nalule Energy and Minerals Consultants. Email, v.nalule@nemenergyco.com

ENERGY TRANSITION INDICATORS IN AFRICAN COUNTRIES: MANAGING THE POSSIBLE DECLINE OF FOSSIL FUELS AND TACKLING ENERGY ACCESS CHALLENGES

Victoria Nalule 1

Theophilus Acheampong 2

INTRODUCTION

The global move to tackle climate change as envisaged in the 2015 Paris Agreement has necessitated debates and action geared towards transitioning to a low carbon economy. Although there is no agreed international definition of energy transition, the focus has been put to a shift from fossil fuels to renewables. This paper is intended to contribute to the global debate on energy transition with a focus on the initiatives taking place in a few selected countries. The argument in this paper is to the effect that many developing countries still need fossil fuels to tackle energy access challenges and ensure economic growth. Nevertheless, this does not in any way mean that these countries are climate change deniers. In this respect, the question to be addressed in this article is how can we measure energy transition efforts in developing countries? In responding to this question, the article attempts to develop and analyse some key energy transition indicators.

Keywords: Energy Transitions; Energy Security; Energy Poverty; Africa; SDGs

DOI: https://dx.doi.org/10.4314/jsdlp.v12i1.2

1 Victoria Nalule is a holder of a PhD in International Energy Law from the University of Dundee, UK. She is a Senior Fellow at OGEES; and visiting lecturer at East African University. She is also the Executive Director of the African Energy and Minerals Management Initiative (AEMI); and CEO of Nalule Energy and Minerals Consultants. Email, v.nalule@nemenergyco.com

2 Theophilus Acheampong a holder of a PhD in Petroleum Economics from the University of Aberdeen. He is an Associate Lecturer and Honorary Research Fellow at the University of Aberdeen. He is also an Associate Lecturer at the University of Dundee.

THE POWER OF EDUCATION

Aare Afe Babalola

INTRODUCTION

It gives me great pleasure to be in this Victoria Parks & Gardens in Igbajo, Osun State today to double as the Keynote Speaker and Special Guest of Honour at this momentous occasion of celebration of excellence and rare attainment by one of the shinning stars of Igbajo, Prof. Damilola Sunday Olawuyi, SAN, our Deputy Vice Chancellor, Academic, Research, Innovation and Strategic Partnerships, ARISP, who joined the Elite Club of Senior Advocates of Nigeria (SANs), on Monday, December 14, 2020. Before going into my presentation, I especially congratulate the Owa of Igbajoland, Oba Olufemi Adeniyi Fashade, Akeran IV, and all the eminent sons and daughters of Igbajoland for this attainment by our son, Prof. Damilola Sunday, Olawuyi, SAN. I am proud of you all. Special mention must be made of my childhood friend, Chief Olajide Oyewole, a respected member of the Nigerian Bar, a loving, generous, kind person and lover of quality education who I have known for over 60 years now. Chief Oyewole’s brilliance as a Solicitor has never been in doubt. It was therefore not a surprise that the Nigerian Law School recognized his brilliance in Solicitorship and as far back as the 1960’s he was invited by the Nigerian Law School to teach that aspect of Law that relates to Solicitor’s work. My friend, I salute you. Of course, I cannot forget the Asiwaju of Igbajo, our own Chief Solomon Adegboyega Awomolo, SAN and his amiable wife, Chief (Mrs.) Funmilayo Awomolo, SAN, great Alumni of our Chambers, Emmanuel Chambers. I am always thrilled about this family. Thrilled because Mrs. Awomolo’s First Degree was in Chemistry, but I encouraged her to veer into Law. I am happy she listened to me. Today, she is a proud member of the Nigerian Inner Bar as a Senior Advocate of Nigeria. I stand to be corrected, I am not aware of any other family in Nigeria today where both husband and wife are Senior Advocates of Nigeria. I congratulate and celebrate the Awomolos.

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

Aare Afe Babalola, OFR, CON, SAN, the Founder and Chancellor of Afe Babalola University, Ado Ekiti.

SHOULD COUNTRIES FIRE SELL THEIR OIL & GAS ASSETS? ADDRESSING THE MIS-CONCEPTIONS SURROUNDING THE CONTINUED ROLE OF FOSSIL FUELS IN THE ENERGY TRANSITION ERA

Victoria R Nalule 1

Xiaoyi (Shawn) MU 2

INTRODUCTION

Access to modern energy such as electricity is key in the economic development of any country, and yet over 600 million people remain with no access to electricity in developing countries. It is true that both renewable energy and fossil fuels are key in the achievement of the United Nations Sustainable Development (UN SDG) Goal 7 and Goal 1 on energy access and poverty eradication respectively. However, the current global efforts to transition to a low carbon economy, and tackle climate change as stipulated in the SDG 13 and the 2015 Paris Agreement, have created a lot of tension on fossil fuel developments in recent years. This commentary article is presented as a question and answer session aimed at addressing the misconceptions surrounding the achievement of SDG 7 and SDG 13 in this energy transition era. The paper is of interest to oil producing countries. The article follows the various questions raised by policymakers during an online seminar delivered by both the authors entitled, ‘Fossil Fuels in the Energy Transition Era’.

Keywords: Energy Access; Climate Change; Energy Transitions; clean energy technology: Sustainable Development

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

1 Victoria R. Nalule holds a PhD in International Energy Law and Policy from the Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP), University of Dundee. She is currently working on the DFID-funded Extractives Hub project in the UK as a Research Fellow. She is also the founder and Executive Director of the African Energy and Minerals Management Initiative (AEMI).

2 Dr. Xiaoyi (Shawn) Mu is a Reader in Energy Economics at the Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP), the University of Dundee. He earned his Ph.D. in economics from the University of Oklahoma in 2006 and Bachelor’s degree in economics from Renmin University of China in 1994.

ADVANCING ONLINE DISPUTE RESOLUTION IN NIGERIA: CURRENT OPPORTUNITIES, LEGAL CHALLENGES AND THE WAYS FORWARD

Jimoh, Mujib Akann

INTRODUCTION

“In my view, the simplest answer to this issue is, ‘It’s 2020’. We no longer record evidence using quill and ink. In fact, we apparently do not even teach children to use cursive writing in all schools anymore. We now have the technological ability to communicate remotely effectively. Using it is more efficient and far less costly than personal attendance. We should not be going back. That is not to say that there are not legitimate issues that deserve consideration. Technology is a tool, not an answer.” Arconti et. al. v. Smith et. al.2

The outbreak of COVID-19 has impacted the Nigerian legal system with the introduction of virtual court hearing. Currently, there is no legislation on virtual court hearings in Nigeria. The foregoing notwithstanding, this article examines the constitutionality of this type of hearing and its practicability under the extant laws. Virtual court had been discouraged because of the concern that it may not pass the test of public trial, which is constitutionally guaranteed. This article analyses the provisions of the Constitution as well as available case laws, which suggest that if certain requirements are met, virtual courts may pass the constitutional test of publicity of trial. It is also submitted that the virtual court will not offend the law on territorial jurisdiction. Nonetheless there are some legitimate concern about the issue of evidence, especially examination of witnesses, which may not be best suited for virtual court. Among these are technological inadequacy necessary for virtual court hearings in Nigeria leading to recommendations arising from practices in other jurisdictions

Keywords: Online Dispute Resolution, Virtual court, Public trial, Evidence, Technology

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

LLB (First Class); BL (Hons); Associate, Banwo & Ighodalo, Lagos, Nigeria. mjimoh@banwo-ighodalo.com; mujibjimoh@yahoo.com.