Journal of Sustainable Development Law and Policy (The)

Mainstreaming distributive justice into resources management in Nigeria: The extent of the Petroleum Industry Act 2021

Uche Val Obi San — Wed, 22 May 2024 00:00:00 +0000

The distribution of petroleum resources has always been an issue of serious controversy in the Nigerian state under the previous petroleum regime. Thus, this paper examined the extent to which the newly enacted Petroleum Industry Act (PIA) 2021 has engrained distributive justice with respect to petroleum resources management. It concludes that the PIA has made giant strides towards this end, in view of the creation of the Host Communities Development Trust Fund, Frontier Basin Exploration Fund and improved environment protection measures. However, this study identified certain factors which will limit the full realisation of the distributive justice intendment of the Act. It is, therefore, submitted that until these issues are addressed, distributive justice would continue to remain elusive for petroleum resources management

Mineral extraction and governance in the Nigerian Mining Industry: An examination of regulatory conflicts amongst Nigeria’s three tiers of government

Wed, 22 May 2024 00:00:00 +0000

Nigeria’s abundant mineral potentials can be harnessed to significantly contribute to her socio-economic development if the regulatory framework of the Nigerian Mining Industry (NMI) is properly articulated and implemented, devoid of the regulatory conflicts that have been observed amongst various regulatory and government entities. This article analyses a 2019 – 2020 study undertaken by the Ministry of Mines and Steel development in the Federal Capital Territory and 17 out of the 36 States of the Federal Republic of Nigeria which exposed mining sector-related regulatory conflicts amongst the Federal, State and Local Governments and their Ministries, Departments, and Agencies (MDAs). The study also revealed that, despite certain extant Constitutional and statutory instruments vesting the control of minerals and mining activities on the Federal Government and its Ministry of Mines and Steel Development, the implementation of other national and subnational statutory instruments has generated regulatory conflicts and controversial interferences in the governance of mineral resources in the country. This development has led to adverse political and socio-economic implications and outcomes. Thus, after an in-depth consideration of these regulatory conflicts and its implications, the article recommends, among other salient solutions, the amendment and/or repeal of all applicable mining statutes and regulations to remove these regulatory conflicts, and this will better position the NMI on the path to restoration and ultimately surpassing its glorious past.

Healthcare Waste Management Policy in a lower-middle-income country: A case for the adoption of the RADICAL framework

Leroy C. Edozien — Wed, 22 May 2024 00:00:00 +0000

The COVID-19 pandemic raised the salience of Healthcare Waste Management (HCWM). Various studies have shown that the level of HCWM in lower-middle-income countries falls below international standards and global best practice, indicating that the national policy on HCWM is either non-existent or has not been embedded in practice. The renewed salience affords an opportunity to revisit, update and embed the national policy on HCWM. In seizing this opportunity, the elemental thinking must change from a linear model to the complex adaptive model that takes account of the inter-relationships and contextual factors that could impede or facilitate implementation of the policy. These complexities account for the ‘policy-implementation gap’ associated with policy failure. This paper presents a framework that could be applied in developing, implementing, and monitoring the national HCWM policy in a lower-middle-income country. The integrative framework, identified by the acronym RADICAL, comprises the following domains in an integrated grid: Raise awareness; Apply formal quality improvement methods; Design for quality and safety: Involve stakeholders; Collect and Analyse pertinent data; Learn from shared experience. The pertinence of each domain to HCWM is described.

A critical appraisal of the legal and policy framework for sustainable mining in Ethiopia

Yared Hailemariam — Wed, 22 May 2024 00:00:00 +0000

The integration of the concept of sustainable mining into major legal frameworks presents a complex challenge of balancing short-term economic gains with the long-term objectives of economic and social development as well as environmental well-being. This article provides a comprehensive analysis of how the Ethiopian legal framework incorporates the principles of sustainable mining. Employing a qualitative research methodology, this study examines the adequacy of the legal framework in addressing sustainability issues arising from mineral resource extraction. Through document analysis, the article investigates the legal challenges associated with achieving sustainable mining practices. It scrutinizes constitutional provisions, mining laws, and policies governing mineral resources in Ethiopia. The findings indicate that the Ethiopian government has made notable efforts to develop a competitive legal framework that ensures that mining activities are conducted in an economically efficient, environmentally conscious, and socially responsible manner. However, this research uncovers significant gaps and inconsistencies within the existing legal framework, which results in uncertainty and confusion among various stakeholders. These problems impede the effective and sustainable management of mineral resources and ultimate ly undermine their potential contribution to Ethiopia's economic growth and social development. Considering these findings, this article proposes several recommendations to address the identified legal and practical challenges associated with regulating mineral resources.

Assessment on the status, challenges and prospects of agricultural technologies intellectual property protection in Ethiopia

Nahom M. Kebede — Wed, 22 May 2024 00:00:00 +0000

Intellectual property right (IPR) is a broad term which describes the protections granted to the creators of IP, and includes; trademarks, copy right, patents, industrial designs, plant breeder’s traderight and in some jurisdictions secrets. The objective of this review is to show the status, challenges, and opportunities for agricultural technologies intellectual protection in the Ethiopian intellectual property regime. There are many agricultural technologies that have the potential to be protected by intellectual property. The results of this review article shows that there are several challenges for the protection of agricultural technologies IPR, including lack of awareness on the concept of IP, lack of clear policy direction for the protection of plant varieties, absence of IP assets creation mechanism, low level of institutional linkage among stakeholders, agricultural IPRs are complex in nature, poor organizational structure to register, and lack of experienced and well-qualified IP officials. But there are also prospects for agricultural technologies IPR protection. Some legal frameworks are in the process of revision, an independent authority for the agriculture sector has established, the Ministry of Agriculture has prepared the draft regulation for PBRs proclamation, amendment of the agricultural and rural development policy has in the process, and the country’s WTO accession process shows some improvement. In conclusion, the status of IP protection for agricultural technologies has not been well-developed and the registration of agricultural technologies is still null.

To collaborate or not to collaborate: A transaction cost economics approach to construction contracts in public-private partnerships

Takunda Gumbu — Wed, 22 May 2024 00:00:00 +0000

Public-Private Partnerships (PPPs) are often seen as a cost-effective way of providing public infrastructure. However, mega-construction projects involve many hidden costs that arise during the project life cycle. These costs are known as transaction costs. This article investigates how a construction contract under a PPP can reduce transaction costs. Using Transaction Cost Economics (TCE), the article draws on empirical studies from six countries to identify four factors that affect transaction costs in construction contracts namely: (i) Concessionaire predictability, (ii) Contractor predictability, (iii) Project Management Efficiency, and (iv) Project Environment Uncertainty. Different types of construction contracts were comparatively analysed against the aforementioned four factors. The findings indicate that collaborative contracts are more likely to favourably address these four factors by lowering transaction costs compared to non-colloborative contracts. The article concludes that using collaborative contracts can make infrastructure PPPs more affordable than other public procurement methods.

Protecting the patient’s data in the 21st century healthcare industry: Is the African continent ready for the digital space?

Nkiruka Chidia Maduekwe — Wed, 22 May 2024 00:00:00 +0000

To ensure proper healthcare services and automation, including minimising medical errors and providing faster and more efficient healthcare, the medical field is experiencing innovative technological trends. They include automated patient records, hospital management system software, telemedicine, and the use of artificial intelligence devices. These innovations exist in more than just the global north, as they are slowly finding residence in African countries. Focusing on automated patient record, the article examines existing data protection legal frameworks in Africa to ascertain whether they provide effective remedy mechanisms patients can access should a breach occur. Taking cognisance of the current African Continental Free Trade Area Agreement (AfCFTA) aimed at creating a single market for goods and services; it is evident that healthcare services might have a continental approach. Thus, the article adopts a continental, regional, and national perspective. Using doctrinal method, the article compares the African Union Data Protection Convention with the European Union General Data Protection Regulation to draw lessons from the European Union Experience. The article finds that strengthened national mechanisms might provide the requisite remedy mechanisms patients can access to ensure enforcement of their rights to data protection.

Exploring minimal indirect digital economy taxation as a post-COVID-19 economic recovery strategy for African revenue mobilisation

Marie-Louise Fehun Aren — Wed, 22 May 2024 00:00:00 +0000

The COVID-19 pandemic and its aftermath continue to devastate most areas of society and continue to reveal inherent structural vulnerabilities in the economies, social, and health systems in countries. In addition, the Russia-Ukraine conflict of 2022 and the geopolitics of its resolution continue to create shocks across the globe- evidenced by rising inflation, increased sovereign debt level, recession, and reduced public expenditure among others. While many sectors of the economy were crippled by the back-to-back global economic shocks of the Covid-19 pandemic and the Russia-Ukraine conflict through reduced economic activities resulting in a global recession and reduced tax revenues for public expenditure, the digital economy has surprisingly boomed and continues to grow in this period of uncertainty. This has been directly attributed to the 'lure of the alternative', caused by the social and economic lockdowns imposed by countries, which pushed many persons and companies to explore the next available option- online platforms to conduct business. Although the rise in the use of digital platforms for business activities is commendable, this development has some implications for traditional business frameworks which in turn affects revenue mobilisation for funding public infrastructure projects and services. This is because, in Africa, the digital economy is not as well-regulated as the traditional economy. This creates an avenue for tax evasion and avoidance, arising from the dynamic and complex nature of digital transactions. This challenge requires that urgent solutions be found for the effective taxation of the digital economy. There will be a need to review/reform economic and fiscal policies and laws to ensure a faster recovery from the economic effects of the COVID-19 pandemic. There would also be a need to create digital tax policies that are equitable for source and market jurisdictions and, lastly, there will be a need for cooperation in tax law and policies across Africa that capture the reality of the growth and ubiquitous presence of digital multinationals in Africa.

An evaluation of third-party funding in commercial arbitration

Adedotun Onibokun, Bankole Sodipo — Wed, 22 May 2024 00:00:00 +0000

Arbitration as a dispute resolution mechanism aims to advance access to justice in accordance with Goal 16 of the United Nations Substantiable Development Goals (SDGs). One key issue in arbitration law and practice is the role of third-party funders in fundraising for the arbitration or even litigation process. Third Party Funding (TPF) has grown as a practice of financial responsibility for litigation or arbitration by sponsors that are not parties to a dispute, but whose interest is return for their investment. Such an arrangement may cover major litigation or arbitration costs, as well as other miscellaneous costs. The practice contradicts well established legal principles such as privity of contract and/or complements party autonomy, but the enormous advantages it offers, such as faster access to justice and investment opportunities cannot be ignored. Whilst the concept has developed in advanced countries it is yet to take shape in developing nations like Nigeria. The methodology deployed is doctrinal with primary and secondary sources being the content of Statutes, Bills and Case law. Online sources were also relied upon for secondary sources. The study found that TPF will assist in higher fundraising for litigation and arbitration, that it applies mainly to claimants and will increase access to justice. It is recommended that funds be made available to Defendants too and that developing countries should embrace the practice.

Corporate accountability for climate change and natural environment in Nigeria: Trends, limitations and future directions

Mary Toluwalase Olawuyi — Wed, 22 May 2024 00:00:00 +0000

One of the contemporary problems in the business and human rights debate is the obligations of business enterprises to reduce and redress the adverse effects of their operations on the environment. In Nigeria, despite the existence of various regulations and monitoring institutions, environmental pollution caused by the activities of business enterprises persists. The impact of climate change and environmental damage on sustainable development in Nigeria can no longer be ignored as our common future is becoming critically dependent on making the condition of the environment and human lives our top priorities. There is need for a stringent legal framework on business and human rights in Nigeria, accelerated implementation of the National Action plan on business and human right, a committed implementation of existing regulations on environmental protection, strict enforcement of laws and proper awareness that will ensure responsible business practices by business enterprises in all key sectors in Nigeria. This study examines the concept of corporate accountability in Nigeria. It identifies the inadequacies of existing national laws on corporate accountability for environmental protection, and proffer solutions to these gaps.

Strategic plans to support action against climate change in the Arab countries in the Middle East Region

Mohammad Danish, Rima J. Isaifan — Wed, 22 May 2024 00:00:00 +0000

Climate change has become a global challenge due to its critical impact on the natural as well as the human environment. This article focuses on the effects of climate change in the Middle East (ME) region and the strategies suggested to combat its impacts. The research involves reviewing and analyzing published articles from major databases in this domain. The literature shows that countries in the ME region, with a particular focus on the Arab countries, have also realized that urgent actions should be taken to decrease climate change threats. Several countries are committing to international principles, supporting the global effort against climate change, such as adopting renewable sources for efficient energy production. Moreover, some of the ME region countries are considered a hub for emitting CO2 because of their hot climate, which requires the use of energy for air-conditioning, high-water desalination demands due to water scarcity, and the dependence on energy-exhaustive industries. Recently, Saudi Arabia, Qatar, and the United Arab Emirates have proposed strict measures to reduce their energy consumption and move towards renewable energy sources like solar and wind energy. Some countries have also funded projects for developing green buildings to create a sustainable environment. However, this paper emphasizes the need to establish strict regulations to impose policies and practices to achieve the global temperature rise limit below 1.5oC. Moreover, all ME countries must invest in renewable energy sources by promoting education, research, and implementing carbon pricing mechanisms. Nevertheless, as part of the Paris Agreement and other international commitments, there is a growing need to develop more socio-economic policies to meet this vision.

Sources, management, and challenges of funding Nigeria’s Universities in a volatile economy and the implications for sustainable development

E. Smaranda Olarinde — Wed, 22 May 2024 00:00:00 +0000

No abstract

Public private partnerships and international law: Building the blocks for sustainable infrastructure financing

Jumoke Oduwole MFR — Wed, 22 May 2024 00:00:00 +0000

No Abstract

The role of young lawyers in promoting gender justice, human rights, and sustainability in Nigeria

Adenike A. Akinsemolu — Wed, 22 May 2024 00:00:00 +0000

No abstract

Editorial Comments

Eghosa O. Ekhator — Wed, 22 May 2024 00:00:00 +0000

No abstract