Submitter Information

Ismail Idowu SalihFollow

Prize Winner

Streaming Media

Type of Proposal

Oral presentation

Start Date

31-3-2017 2:00 PM

End Date

31-3-2017 3:20 PM

Faculty

Faculty of Law

Faculty Sponsor

Professor Janelle Diller

Abstract

Besides contributing to Nigeria’ economy and popularity, Transnational Oil Corporations (TNCs) have also contributed to the problems facing the country; for instance, the disturbances and instabilities in the Niger Delta Region. This opposing role eliminates the TNCs from ordinary bystanders and imposes a duty to act; not merely to achieve equitable balance but also to ensure the balance meets with legitimate expectation and international standard. This thesis critically examines the case of Bodo Community and others v Shell Petroleum Development Company of Nigeria Ltd.,[1] and finds the lack of agreement on the fundamental issue, unstructured settlement agreement, and lack of follow up have done nothing to improve the life of the community inhabitants. Using critical analysis method, the author advocates the need for TNCs to adopt an Alternative Corporate Resolution Initiative (ACRI) to facilitate the fulfilment of their contractual obligations, respect human rights, own up to their mistakes, provide meaningful remedy, and follow up on it. [1] Bodo Community and others v Shell Petroleum Development Company of Nigeria Ltd [2014] EWHC 2170 (TCC)

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Mar 31st, 2:00 PM Mar 31st, 3:20 PM

Duty of Transnational Oil Corporations in Relation Harm Caused in Countries of Operations: Alternative Mechanism for Effective Compensation

Besides contributing to Nigeria’ economy and popularity, Transnational Oil Corporations (TNCs) have also contributed to the problems facing the country; for instance, the disturbances and instabilities in the Niger Delta Region. This opposing role eliminates the TNCs from ordinary bystanders and imposes a duty to act; not merely to achieve equitable balance but also to ensure the balance meets with legitimate expectation and international standard. This thesis critically examines the case of Bodo Community and others v Shell Petroleum Development Company of Nigeria Ltd.,[1] and finds the lack of agreement on the fundamental issue, unstructured settlement agreement, and lack of follow up have done nothing to improve the life of the community inhabitants. Using critical analysis method, the author advocates the need for TNCs to adopt an Alternative Corporate Resolution Initiative (ACRI) to facilitate the fulfilment of their contractual obligations, respect human rights, own up to their mistakes, provide meaningful remedy, and follow up on it. [1] Bodo Community and others v Shell Petroleum Development Company of Nigeria Ltd [2014] EWHC 2170 (TCC)