Regulating the Activities of Oil Multinationals in Nigeria: A Case for Self-Regulation?

Ekhator, Eghosa

doi:10.1017/s0021855315000236

Cited by 26 publications

(7 citation statements)

References 19 publications

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“…The resort to the many international agreements and codes about TNCs provides yet another channel to seek accountability. The difficulty, as many legal scholars have shown, is that most of these documents are not legally binding, many TNCs are not signatories, and even when they are binding and apply to certain TNCs, they do not deal with the relevant issues (Amao ; Ekhator ). Most codes and agreements deal with transparency and similar issues, not questions of accountability.…”

Section: Limited Accountabilitiesmentioning

confidence: 99%

Transnational Corporations and Urban Development

Obeng‐Odoom¹

2018

American J Econ Sociol

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Transnational corporations (TNCs) in Africa play significant roles in controlling utilities, privately appropriating common resources, and planning urban space. On the one hand, the extralegal powers of TNCs are legitimized with patronizing discourses about the incompetence of African nations in managing their own affairs and with the specter of a “resource curse” that supposedly immobilizes the self‐governing capacities of Africans. On the other hand, TNCs arrogate to themselves statutory municipal power, ignore or manipulate various channels of accountability, and privately appropriate sociallycreated rents. Some critics of TNCs propose a withdrawal from globalization or greater regulation to limit the power of TNCs. But protectionist or isolationist approaches are entirely mistaken and further undermine the social management of the commons in Africa. Instead, Africans should seek directly to break the chains of monopoly and oligopoly, especially over natural resources. They should also strive to use land for the common good and to systematically build social states in Africa to overcome subservience to TNCs. While previous attempts at autonomous development in Africa have sometimes led to military action by former colonizers and current neo‐colonial imperialists, recent evidence from Africa suggests that such a strategy might succeed now. This article proposes to extend the politics of urban reform in the Gilded Age and Progressive Era in the United States to contemporary Africa. In doing so, it shows how African cities today are working to create local capacity by municipalizing services that have been privatized, such as distribution of water. Despite many obstacles posed by TNCs and their home governments, Africans are making great strides to overcome the enduring legacies of colonialism.

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Section: Limited Accountabilitiesmentioning

confidence: 99%

Transnational Corporations and Urban Development

Obeng‐Odoom¹

2018

American J Econ Sociol

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“…Notwithstanding the strengths of the CDAs as exemplified in the Mining and Minerals Act 2007, it will be afflicted with ills of the extant MOU/GMOU paradigm in the oil and gas industry in Nigeria. For example, in the oil and gas sector, Shell and Chevron have developed new community initiatives via the vehicle of the Global Memorandum of Understanding (GMoU) (Aaron, 2012;Ekhator, 2016). The first GMoU initiative in the Niger Delta is said to have been developed or pioneered by Chevron Nigeria Limited (CNL) in 2005, which was inspired by the Statoil's initiative in Akassa Community in Bayelsa State in Nigeria (Aaron, 2012;Ekhator, 2016).…”

Section: Fdi In the Mining Sectormentioning

confidence: 99%

“…[…] model vests project decision-making and implementation on the GMoU community institutions such as the Regional Development Boards (RDBs)/Regional Development Councils (RDCs) for Chevron and the Community Trusts (CTs) and Community Development Boards (CDBs) for Shell (Aaron, 2012, p. 266). Some of the weaknesses of MOU/GMoU paradigm in Nigeria's oil sector include lack of effective participation by communities, the extent of the development inadequacies in the Niger Delta, failure of the Nigerian state and the restrictions placed on oil multinational companies due to its profit-maximization ethos (Aaron, 2012;Ekhator, 2016). Arguably, the weaknesses of the extant MOU/GMoU initiatives in the oil sector will be replicated in the solid minerals/steel sector in Nigeria.…”

Section: Fdi In the Mining Sectormentioning

confidence: 99%

Foreign direct investment and the law in Nigeria: a legal assessment

Ekhator

Anyiwe

2016

International Journal of Law and Management

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Purpose – This paper aims to explore the laws that govern Foreign Direct Investment (FDI) in Nigeria. The history of company law and the rise of multinational corporations clearly illustrate the attempts by the Nigerian Government to encourage the inflow of FDI. The different stages of Nigeria’s legal development will be examined in this paper and subsequently an assessment of the laws regulating FDI in the different investment sectors will be in focus. Design/methodology/approach – This paper uses a doctrinal approach by undertaking a sectorial analysis of different sectors or segments of the Nigerian economy highlighting their various regulatory frameworks. The agricultural, steel, banking, employment and oil sectors is focussed in this paper. Findings – This paper demonstrates that for FDI to have positive impacts on the different sectors of the Nigerian economy, the various laws regulating the different sectors should be amended to reflect current realities. Originality/value – This paper provides a fresh illumination or analysis to the legal barriers inhibiting FDI in Nigeria. It does this by highlighting the various laws affecting FDI in different sectors of the Nigerian economy.

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“…It is "an independent Furthermore, Addax operates a code of conduct in the oil and gas industry in Nigeria (Ekhator, 2016). In the oil and gas sector in Nigeria, many multinational corporations (both Western and non-Western firms) operate codes of conduct which regulate their activities (ibid.…”

Section: Addax Csr Activitiesmentioning

confidence: 99%

“…The Monrovia principles which is an African conceptualisation of CSR should be reflected in CSR activities in Nigeria (Ekhator, 2016).…”

Section: Recommendationsmentioning

confidence: 99%