Foreign Direct Investment and Environmental Rights Protection in Nigeria. Towards a Balance in the Regulatory Framework in the Oil and Gas Industry
Osaro, Ebiemere
Osaro, Ebiemere
Publication Date
End of Embargo
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The University of Bradford theses are licenced under a Creative Commons Licence.
Peer-Reviewed
Open Access status
Accepted for publication
Institution
University of Bradford
Department
School of Law. Faculty of Management, Law and Social Sciences
Awarded
2023
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Abstract
This thesis examines current regulatory frameworks for foreign direct investment protection in the Nigerian oil and gas industry. It evaluates its impact on the realization and enforcement of environmental rights. Foreign investment in the oil and gas industry poses unique challenges to the environment as well as opportunities regarding sustainable development, participation, and environmental rights. These challenges arise from the impacts of oil exploration, exploitation, and the over-utilisation of resources that bear on the environmental rights of the host communities. The research discusses these impacts on the right to the environment and the hindrances which impede its realization and enforcement brought about by international and national legal regimes. The impacts have resulted in an imbalance between foreign direct investments protection and the enforcement of environmental rights. The study highlights the various national, regional, and international laws, regulations, and institutional frameworks on foreign direct investmentt and environmental rights protection. This was carried out in a comparative insight with laws and regulatory frameworks of South African and Indian States. By adopting the evolving trend in foreign direct investment and environmental rights protection adduced from the research findings, the study advocates for a bottom-up policy approach to environmental protection through the implementation of sustainable development principles in legislative and adjudicative processes, democratization of environmental policy implementation and participation founded on constitutionalism amongst others. The doctrinal research methodology is applied in this research. Recommendations are made towards foreign direct investment and environmental rights protection for an enduring sustainable economic growth and development.
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Type
Thesis
Qualification name
PhD