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The Impact of Nigerian International Petroleum Contracts on Environmental and Human Rights of Indigenous Communities

The Impact of Nigerian International Petroleum Contracts on Environmental and Human Rights of... OKECHUKWU EJIMS I. INTRODUCTION The use of international petroleum contracts in petroleum development has become a contemporary trend throughout the world.1 In practice, petroleum development has been determined by these contracts,2 and multinational companies involved in petroleum development have entered into a lot of these contracts, which have caused them to carry out petroleum development in regions inhabited by indigenous communities.3 These indigenous communities include the communities in the Niger Delta of Nigeria.4 These communities see such development as a threat leading to the infringement of their traditional rights related to the use and management of lands and natural resources that they perceive as theirs by way of tradition and usage.5 Accordingly, this projected development of traditional lands has generated traditional rights concerns that have caused conflicts in the Niger Delta region of Nigeria.6 The Niger Delta, with an estimated area of about 75,000 km2 , is estimated to be the world's largest wetland, with the most extensive freshwater swamps inhabited by various communities.7 The region is also rich in biological diversity, LLB(Hons) LLM PhD, Lecturer, School of Law, University of Leeds, UK; Contributor, Oxford University Press Reports on International Investment Law, Oxford, UK. 1 See D. Bishop, http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

The Impact of Nigerian International Petroleum Contracts on Environmental and Human Rights of Indigenous Communities

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Publisher
Edinburgh University Press
Copyright
© Edinburgh University Press 2013
Subject
Articles; African Studies
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/ajicl.2013.0068
Publisher site
See Article on Publisher Site

Abstract

OKECHUKWU EJIMS I. INTRODUCTION The use of international petroleum contracts in petroleum development has become a contemporary trend throughout the world.1 In practice, petroleum development has been determined by these contracts,2 and multinational companies involved in petroleum development have entered into a lot of these contracts, which have caused them to carry out petroleum development in regions inhabited by indigenous communities.3 These indigenous communities include the communities in the Niger Delta of Nigeria.4 These communities see such development as a threat leading to the infringement of their traditional rights related to the use and management of lands and natural resources that they perceive as theirs by way of tradition and usage.5 Accordingly, this projected development of traditional lands has generated traditional rights concerns that have caused conflicts in the Niger Delta region of Nigeria.6 The Niger Delta, with an estimated area of about 75,000 km2 , is estimated to be the world's largest wetland, with the most extensive freshwater swamps inhabited by various communities.7 The region is also rich in biological diversity, LLB(Hons) LLM PhD, Lecturer, School of Law, University of Leeds, UK; Contributor, Oxford University Press Reports on International Investment Law, Oxford, UK. 1 See D. Bishop,

Journal

African Journal of International and Comparative LawEdinburgh University Press

Published: Oct 1, 2013

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