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Record W4386238723 · doi:10.33002/jelp03.02.02

The Shoddy Legal Framework on Oil Spill in Nigeria: A Call for a Potent Approach

2023· article· en· W4386238723 on OpenAlexvenueno aff
Israel Oluwaseyi Akindipe

Bibliographic record

VenueJournal of Environmental Law & Policy · 2023
Typearticle
Languageen
FieldEnergy
TopicOil, Gas, and Environmental Issues
Canadian institutionsnot available
Fundersnot available
KeywordsLegislationDamagesBusinessPunitive damagesContingency planEnvironmental planningLaw enforcementEnforcementEnvironmental degradationNatural resource economicsLawPolitical scienceEconomicsEnvironmental science

Abstract

fetched live from OpenAlex

Oil spills have adversely affected the oil-bearing communities in resource-rich regions of Nigeria, especially the Niger Delta Region. Over the decades, the underlying causes of this menace and its consequent effect on the environment, economy, and human rights in the Niger Delta have generated endless debates, civil unrest, and insurgencies. In order to identify the reason for these unabated oil spills, this project examined the current and relevant legislation on oil spills in Nigeria, including all legal and regulatory frameworks governing the oil and gas sector in the country. The assessment focused on how to safeguard the environment and ensure that Nigeria benefits sustainably from an oil-based economy. The fundamental finding that was found is that recurring and unabated oil spills pillage Nigeria solely because of the inadequacy of existing legislation to curb the menace. Nigeria still does not have a strong framework, with it over six decades of oil production. While there exist enforcement issues, the major problem is the inadequacy of existing laws. There is a huge gap in oil spill governance in Nigeria because several standards and legislation are missing. The existing legal framework features the absence of prevention, planning, and preparedness mechanism; lack of an immediate clean-up mechanism; lack of a contingency plan; no liability limits for removal costs and damages; pre-emption of state laws and a lax punitive measure. Although the country can boast of several laws regulating the oil sector, combining these laws has failed in minimizing or preventing oil spills. The study then projected the legal framework governing oil spills in the United States with a particular emphasis on the U.S. Oil Pollution Act of 1990 (OPA). It gave an overview of the strategies and standards contained in the U.S. legal regime. It further explained the fundamental differences and similarities between Nigeria and the U.S. The paper found that the U.S. approach to mitigating oil spill incidents could fill up the clear gaps in the oil spill regime in Nigeria. The paper recommends that Nigeria adopt the various standards inherent in the U.S. Oil Pollution Act of 1990, such as creating a contingency plan, a higher liability limit, and the non-preemption of state laws. Although there exist functional differences between the operation of the legal system in Nigeria and that of the United States, the paper highlighted how the U.S. model could easily be transferred to Nigeria. The study compiles the oil spill occurrence data from both a Nigerian Government Agency (NOSDRA) and Amnesty International. The Agency’s data was mostly used in the project as it is more reliable and acceptable. The paper assessed all relevant legislation on oil spills in Nigeria. It also assessed the U.S. Oil Pollution Act, which is the major statute governing oil pollution in the U.S. The Study recommended the United States model as a potent approach because of the country’s high oil production capacity being the largest oil-producing country in the world.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.000
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.906
Threshold uncertainty score0.804

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.013
GPT teacher head0.256
Teacher spread0.243 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2023
Admission routes1
Has abstractyes

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