About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

31 J.L. Pol'y & Globalization 1 (2014)

handle is hein.journals/jawpglob31 and id is 1 raw text is: Journal of Law, Policy and Globalization wwwiisteorg ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) Vol.31, 2014 A Survey of the Legal Framework for the Control of Oil and Gas Pollution from Some Selected Countries* Amaka .G. Eze1' & Ted .C. Eze'2 1. Department of International Law & Jurisprudence, Nnamdi Azikiwe University, Awka. 2. Department of Commercial and Property Law, Anambra State University Igbariam * Email address: tedama7@yahoo.com Abstract This study undertakes a comparative study of the legal framework for environmental protection in some oil and gas producing jurisdictions. Some jurisdictions were selected for this purpose. The legal framework for the prevention and control of oil and gas pollution in these countries will be compared with the position in Nigeria. The study aims at analyzing the efficacy or otherwise of the extant Nigerian statutory framework vis-a vis that of some jurisdictions with respect to the control of oil and gas pollution .The study makes a case for an effective and adequate comprehensive body of legislation to deal with oil and gas pollution as against the present situation of fragmented and often conflicting laws that are unable to deal with the problem in Nigeria. Keywords: Oil and Gas Pollution, Prevention and Control, Accross Countries of the World. 1. Introduction 1.1 Oil: The Dictionary of Geology, simply described oil as petroleum oil.1 The term oil in geological terms therefore refers to petroleum oil and not any other form of oil. Petroleum has also been described as an organic material which occurs naturally in green to black coloured mixtures of hydrocarbon oils found as seepages beneath the earth crust and which could be obtained by boring into the earth crust2. Petroleum is formed beneath the earth crust across countries of the world. 1. 1.2 Gas: has been defined as a combustible fluid from fuel or lighting. In a specialized sense, it has been defined as a mixture of the low molecular weight paraffin series hydrocarbons methane, propane, and butane, with small amount of higher hydrocarbons, also frequently containing small or large proportions of nitrogen, carbon dioxide, and hydrogen sulphide, and occasionally small proportions of helium.4It has also been described as natural hydrocarbon oils which are associated with the production of petroleum.5Gas as used in this thesis refers to the combustible liquid hydrocarbon either occurring independently or in association with petroleum oil. 1.1.3 Pollution Pollution has been defined as man made or aided alteration of chemical, physical6 or biological quality of the environment to the extent that is detrimental to that environment or beyond acceptable limits. Pollution is therefore a phenomenon that is adverse to the environment. 1.1.4 Oil and Gas Pollution This describes the pollution of the environment occasioned by oil and gas prospecting and production. 1.1.5 Environment The environment has been defined to include water, air, land and all plants and human beings or animals living therein and the interrelationship which exist among these or any of them.7 2. A Summary of the Statutory Framework relevant to Environmental Protection in the Nigerian Oil and Gas Sector. Environment issues were not in the front burner of national debate before 1988. However, with the advert of during of toxic waste in the Nigerian port town of Koko and with the public out cry that followed, concern about the sustainability of the Nigerian environment became an issue of national discourse. The government of the federation responded by enacting the Harmful Waste (Special Criminal Provision etc)Act,8 the Federal Environmental Protection Act (FEPA)9 and the Environmental Impact Assessment Act,19all in the same year of 1 Dictionary of Geology, (New Delhi: Academic Publishers, 2006) P249 2 M.RM. Walker (ed) Chambers Dictionary of Science and Technology (New York: Chambers Harraps Publishers Ltd, 2002) p. 806. 3 ibid, p. 493 4 op.ciI, fn 7,p.236. 5op. cit fn. 8, p.772. 6 section 41 of the FEPAAct, Cap F 10, LFN,2004 7 section 38 ibid 8 Cap HI, LFN, 2004 9 Cap F10 LFN,2004 10 Cap E 12 LFN, 2004

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most