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Environmental Protection Under Natio...
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Adedipe, Fidelis.
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Environmental Protection Under National Legislation and Agreements Between Oil and Gas Multinational Corporations and Host Communities.
紀錄類型:
書目-電子資源 : Monograph/item
正題名/作者:
Environmental Protection Under National Legislation and Agreements Between Oil and Gas Multinational Corporations and Host Communities./
作者:
Adedipe, Fidelis.
出版者:
Ann Arbor : ProQuest Dissertations & Theses, : 2023,
面頁冊數:
270 p.
附註:
Source: Dissertations Abstracts International, Volume: 85-06, Section: B.
Contained By:
Dissertations Abstracts International85-06B.
標題:
Environmental studies. -
電子資源:
https://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=30846937
ISBN:
9798380861045
Environmental Protection Under National Legislation and Agreements Between Oil and Gas Multinational Corporations and Host Communities.
Adedipe, Fidelis.
Environmental Protection Under National Legislation and Agreements Between Oil and Gas Multinational Corporations and Host Communities.
- Ann Arbor : ProQuest Dissertations & Theses, 2023 - 270 p.
Source: Dissertations Abstracts International, Volume: 85-06, Section: B.
Thesis (Ph.D.)--Canterbury Christ Church University (United Kingdom), 2023.
The exploration, production and shipment of crude oil and gas by multinational corporations (MNCs), involved in bilateral treaties in Nigeria has perpetrated environmental disasters upon host communities. This has been as a result of oil and gas leaks from MNCs facility into the air, land, water, marine habitat, and cultural life of host communities are heavily polluted.International law has attempted to regulate the activities of MNCs particularly in the protection of the environment in which they operate through four main treaties: Universal Declaration of Human Rights, International Covenant on Economic, Social and Cultural Rights (ICESCR), Declaration of the United Nations Conference on the Human Environment (Stockholm Declaration) and Declaration of the United Nations on Environment and Development (Rio Declaration) . In addition, the demand for environmental protection is foregrounded under the right to life recognized in article 6 of the International Covenant on Civil and Political Rights (ICCPR), However, a major criticism of international law is its inapplicability to non-State actors such as corporations. This creates a lacuna in the legal framework of protections which has been exploited by opportunistic MNC's.International soft law such as the Global Compact, Organization of Economic Cooperation and Development (OECD) Guidelines for Multinational Enterprises and United Nations Guiding Principles (UNGPs) on Business and Human Rights encourages corporations to respect environmental rights and creates substantive standards for States to hold corporations accountable for environmental and human rights violations. The challenge remains that these international laws having soft law status are not binding on corporations. Also, a further problem{A0}is that several developing state governments may be complicit in the environmental abuses perpetrated by MNCs for the purpose of boosting economic development.Therefore, this research proposes the regulation of MNCs under national legislation and bilateral investment treaties. It recommends certain preventive and mitigation measures against the adverse environmental effect of their activities in the exploration of natural resources, waste disposal and other connected operations in developing communities in Nigeria. Some of these preventive measures include environmental impact assessment (EIA), mandatory reporting and disclosures, community stakeholder participation, environmental management and safety practices, with activity, temporal and spatial management as mitigation measures. Also, clean-up and compensation by MNCs are effective remedies for environmental abuses. Furthermore, fines, blacklisting, withdrawal of license and criminal charges are recommended for the enforcement of environmental protection of host communities.
ISBN: 9798380861045Subjects--Topical Terms:
2122803
Environmental studies.
Subjects--Index Terms:
Multinational corporations
Environmental Protection Under National Legislation and Agreements Between Oil and Gas Multinational Corporations and Host Communities.
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The exploration, production and shipment of crude oil and gas by multinational corporations (MNCs), involved in bilateral treaties in Nigeria has perpetrated environmental disasters upon host communities. This has been as a result of oil and gas leaks from MNCs facility into the air, land, water, marine habitat, and cultural life of host communities are heavily polluted.International law has attempted to regulate the activities of MNCs particularly in the protection of the environment in which they operate through four main treaties: Universal Declaration of Human Rights, International Covenant on Economic, Social and Cultural Rights (ICESCR), Declaration of the United Nations Conference on the Human Environment (Stockholm Declaration) and Declaration of the United Nations on Environment and Development (Rio Declaration) . In addition, the demand for environmental protection is foregrounded under the right to life recognized in article 6 of the International Covenant on Civil and Political Rights (ICCPR), However, a major criticism of international law is its inapplicability to non-State actors such as corporations. This creates a lacuna in the legal framework of protections which has been exploited by opportunistic MNC's.International soft law such as the Global Compact, Organization of Economic Cooperation and Development (OECD) Guidelines for Multinational Enterprises and United Nations Guiding Principles (UNGPs) on Business and Human Rights encourages corporations to respect environmental rights and creates substantive standards for States to hold corporations accountable for environmental and human rights violations. The challenge remains that these international laws having soft law status are not binding on corporations. Also, a further problem{A0}is that several developing state governments may be complicit in the environmental abuses perpetrated by MNCs for the purpose of boosting economic development.Therefore, this research proposes the regulation of MNCs under national legislation and bilateral investment treaties. It recommends certain preventive and mitigation measures against the adverse environmental effect of their activities in the exploration of natural resources, waste disposal and other connected operations in developing communities in Nigeria. Some of these preventive measures include environmental impact assessment (EIA), mandatory reporting and disclosures, community stakeholder participation, environmental management and safety practices, with activity, temporal and spatial management as mitigation measures. Also, clean-up and compensation by MNCs are effective remedies for environmental abuses. Furthermore, fines, blacklisting, withdrawal of license and criminal charges are recommended for the enforcement of environmental protection of host communities.
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