Non-adherence of MNOCs to corporate obligations: a review of litigation from the Niger Delta.

Ochei, Nkem Violet

Abstract

Multinational oil companies (MNOCs) claim that they have several corporate obligations to protect human rights and the environment in which they operate, and to resolve with local communities any disputes arising from their operations in the shortest possible time. However, the combative approach by MNOCs in recent transnational human rights and environmental litigations from the Niger Delta undermines these obligations, because they continually deny, delay and derail justice for the local communities. The central question is whether there is a conflict between the portrayal of these companies' positions before the courts and the portrayal of their positions in their corporate obligations (e.g. sustainability reports, securities filings, court filings, etc.), in terms of their approach toward the local communities in which they operate. This thesis investigates how MNOCs derail human rights and environmental litigations from the Niger Delta. Previous work pays little or no attention to how litigations are affected by the non-adherence of MNOC's to their corporate obligations regarding human rights and the environment. Legal frameworks to address derailments in litigations are merely suggested at the international levels and lack adequate legal instruments (e.g. constitutional, legislative and regulatory) at the national levels. This thesis adopts a combination of doctrinal research and comparative analysis methodology to address the derailments in litigations arising from the Niger Delta. Firstly, we review seven transnational human rights and environmental litigations from the Niger Delta to evaluate how the non-adherence of MNOCs to their corporate obligations affects litigations. Secondly, we investigate the mechanisms used by MNOC to derail human rights and environmental litigations. Thirdly, we develop a legal framework and recommendations for addressing derailments in litigations in the Niger Delta. This research suggests that an appropriate level of engagement with stakeholders during litigations will improve human rights and environmental protection in partnerships with local governments, NGOs and local communities.

Citation

OCHEI, N.V. 2023. Non-adherence of MNOCs to corporate obligations: a review of litigation from the Niger Delta. Robert Gordon University, PhD thesis. Hosted on OpenAIR [online]. Available from: https://doi.org/10.48526/rgu-wt-2071698

• Thesis Type: Thesis
• Deposit Date: Sep 5, 2023
• Publicly Available Date: Sep 5, 2023
• DOI: https://doi.org/10.48526/rgu-wt-2071698
• Keywords: Environmental law; Oil and gas industry; Arbitration; Niger Delta
• Public URL: https://rgu-repository.worktribe.com/output/2071698
• Award Date: Mar 31, 2023