尼日利亚污染诉讼中的货币赔偿:够不够?

Okwelum C.O.
{"title":"尼日利亚污染诉讼中的货币赔偿:够不够?","authors":"Okwelum C.O.","doi":"10.52589/jarms-rzpc8ihj","DOIUrl":null,"url":null,"abstract":"Since the discovery of oil in the Niger Delta of Nigeria, there has been a steady increase in conflict between the communities hosting the multinational oil companies and the host communities. The conflicts have found expression in court disputes over the years. The dominant claims in these disputes are usually monetary compensation. The question has continued to arise as to whether there are consistent legal frameworks to guide the disputants in the process of getting compensated for oil spillages and other collateral damages that result from the exploratory activities of these multinational oil companies. Looking at the procedural laws, who and which is more favoured: the company or the victim? This paper which adopts the doctrinal method surveys the problem of monetary compensation in litigation involving victims of oil company operations and the companies. It was found that although there are skeletal procedural principles currently in force in the area, a well-developed statutory procedure governing the space has not been enacted leaving the victims largely short-changed and the companies given leeway to escape from the direct consequences of their actions on the socio-ecological structure of the Niger-Delta. A ‘new’ law in the area is therefore advocated.","PeriodicalId":120234,"journal":{"name":"Journal of Advanced Research and Multidisciplinary Studies","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2023-01-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Monetary Compensation in Pollution Litigation in Nigeria: How Adequate?\",\"authors\":\"Okwelum C.O.\",\"doi\":\"10.52589/jarms-rzpc8ihj\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Since the discovery of oil in the Niger Delta of Nigeria, there has been a steady increase in conflict between the communities hosting the multinational oil companies and the host communities. The conflicts have found expression in court disputes over the years. The dominant claims in these disputes are usually monetary compensation. The question has continued to arise as to whether there are consistent legal frameworks to guide the disputants in the process of getting compensated for oil spillages and other collateral damages that result from the exploratory activities of these multinational oil companies. Looking at the procedural laws, who and which is more favoured: the company or the victim? This paper which adopts the doctrinal method surveys the problem of monetary compensation in litigation involving victims of oil company operations and the companies. It was found that although there are skeletal procedural principles currently in force in the area, a well-developed statutory procedure governing the space has not been enacted leaving the victims largely short-changed and the companies given leeway to escape from the direct consequences of their actions on the socio-ecological structure of the Niger-Delta. A ‘new’ law in the area is therefore advocated.\",\"PeriodicalId\":120234,\"journal\":{\"name\":\"Journal of Advanced Research and Multidisciplinary Studies\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-01-23\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Advanced Research and Multidisciplinary Studies\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.52589/jarms-rzpc8ihj\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Advanced Research and Multidisciplinary Studies","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.52589/jarms-rzpc8ihj","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0

摘要

自从在尼日利亚的尼日尔三角洲发现石油以来,跨国石油公司所在社区与当地社区之间的冲突不断增加。多年来,这种冲突在法庭纠纷中得到了体现。在这些纠纷中,主要的索赔要求通常是金钱赔偿。继续出现的问题是,是否有一致的法律框架来指导争端各方就这些跨国石油公司勘探活动造成的溢油和其他附带损害获得赔偿的过程。看看程序法,谁和哪个更受青睐:公司还是受害者?本文采用理论分析的方法,对石油公司经营行为受害人与公司诉讼中的货币赔偿问题进行了研究。调查发现,虽然该地区目前有一些基本的程序原则,但尚未制定一项完善的管理该领域的法定程序,这使受害者在很大程度上得不到补偿,并使公司有余地逃避其行动对尼日尔三角洲社会生态结构造成的直接后果。因此,在该地区提倡一项“新”法律。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Monetary Compensation in Pollution Litigation in Nigeria: How Adequate?
Since the discovery of oil in the Niger Delta of Nigeria, there has been a steady increase in conflict between the communities hosting the multinational oil companies and the host communities. The conflicts have found expression in court disputes over the years. The dominant claims in these disputes are usually monetary compensation. The question has continued to arise as to whether there are consistent legal frameworks to guide the disputants in the process of getting compensated for oil spillages and other collateral damages that result from the exploratory activities of these multinational oil companies. Looking at the procedural laws, who and which is more favoured: the company or the victim? This paper which adopts the doctrinal method surveys the problem of monetary compensation in litigation involving victims of oil company operations and the companies. It was found that although there are skeletal procedural principles currently in force in the area, a well-developed statutory procedure governing the space has not been enacted leaving the victims largely short-changed and the companies given leeway to escape from the direct consequences of their actions on the socio-ecological structure of the Niger-Delta. A ‘new’ law in the area is therefore advocated.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
自引率
0.00%
发文量
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术官方微信