Oil Spill Compensation Claims in Nigeria: Principles, Guidelines and Criteria

1989 ◽  
Vol 33 (1) ◽  
pp. 91-104 ◽  
Author(s):  
Ombolaji Adewale
Keyword(s):  
Oil Spill ◽  
Significant Role ◽  
Oil Spills ◽  
Oil Industry ◽  
The State ◽  
The Other ◽  
Oil Companies ◽  
Other Hand ◽  
Compensation Claims ◽  
Scenic Value

In recent times, compensation arising from oil spills has assumed a significant role in the Nigerian oil industry. The significance stems from the fact that, with petroleum operations spillage is inevitable. Oil spills have various effects on the health of the populace as well as the economic and scenic value of the environment. Thus there is the need to minimise the effect of the occurrence of oil spill. One way of achieving this objective is through compensation. The essence of compensation is to make amends for the loss suffered by the victims. In making these amends, the loss experienced by the victim must be recompensed otherwise the compensation cannot be said to be adequate or equivalent to the compulsory sacrifice.Victims of oil spill have claimed that the compensation paid to them is unreasonable and cannot be said to be recompense for their loss. Oil companies on the other hand claim that the compensation paid to the victims is adequate and that they operate within the parameter approved by the Inspectorate Division of the Nigerian National Petroleum Corporation or the State Ministry of Lands. Apart from this, many claims made by the communities are not honoured by the oil companies on the grounds that they are spurious and speculative. Even when the claims are genuine the oil companies may not pay if the spillage occurred as a result of acts of sabotage.

Legal Change in Africa: evidence from oil-related litigation in Nigeria

1999 ◽  
Vol 43 (2) ◽  
pp. 121-150 ◽  
Author(s):  
Jedrzej George Frynas
Keyword(s):  
Oil Spills ◽  
Significant Rise ◽  
The Other ◽  
Land Acquisition ◽  
Court Cases ◽  
Legal Change ◽  
Oil Companies ◽  
High Profile ◽  
Official Exchange Rate ◽  
Compensation Claims

There has been a significant rise in litigation between oil companies and those affected by oil operations in Nigerian courts. In the period 1981–86, 24 compensation claims against Shell went to court in Nigeria. In early 1998, Shell was reportedly involved in over 500 pending court cases in Nigeria, out of which 70 per cent, or roughly 350 cases, dealt with oil spills, the other 30 per cent, or 150 cases, dealt mostly with other types of damage from oil operations, contracts, employment and taxation. In the whole of the 1980s, Chevron reportedly had only up to c. 50 court cases in Nigeria. In early 1998, Chevron was involved in over 200 cases, of which 80–90 per cent, or roughly 160–180 cases, dealt with oil spills, other types of damage from oil operations or land acquisition for oil operations. This substantial increase cannot be solely ascribed to expanding oil operations. There are various indications that an increase in the quantity of oil-related litigation was accompanied by legal change. In the 1990s, a number of high profile cases have been won by the local people in the oil-producing areas, notably Shell v. Farah, in which c. 4.6 million Naira (c. US$210,000 according to the official exchange rate) was awarded as damages to the plaintiffs.

The Principles of Zakat and Tax Upon the Time of Rasulullah SAW.

2017 ◽  
Vol 1 (1) ◽  
pp. 90
Author(s):  
Dian Septiandani ◽  
Abd. Shomad
Keyword(s):  
Literature Review ◽  
Economic Thought ◽  
The State ◽  
The Other ◽  
Primary Data ◽  
Other Hand ◽  
Islamic Economic ◽  
General Expense

Zakat is one of principal worship requiring every individual (<em>mukallaf</em>) with considerable property to spend some of the wealth for zakat under several conditions applied within. On the other hand, tax is an obligation assigned to taxpayers and should be deposited into the state based on policies applied, with no direct return as reward, for financing the national general expense. In their development, both zakat and tax had quite attention from Islamic economic thought. Nevertheless, we, at first, wanted to identify the principles of zakat and tax at the time of Rasulullah SAW. Therefore, this study referred to normative research. The primary data was collected through library/document research and the secondary one was collected through literature review by inventorying and collecting textbooks and other documents related to the studied issue.

scholarly journals Problems of Pathogenesis and Pathogenetic Therapy of COVID-19 from the Perspective of the General Theory of Pathological Systems (General Pathological Processes)

2021 ◽  
Vol 22 (14) ◽  
pp. 7582
Author(s):  
Evgenii Gusev ◽  
Alexey Sarapultsev ◽  
Desheng Hu ◽  
Valeriy Chereshnev
Keyword(s):  
Systemic Inflammation ◽  
Pathological Process ◽  
The State ◽  
The Other ◽  
Low Grade ◽  
Metabolic Dysfunction ◽  
The Metabolic Syndrome ◽  
Other Hand ◽  
Pathogenetic Therapy ◽  
Fundamental Medicine

The COVID-19 pandemic examines not only the state of actual health care but also the state of fundamental medicine in various countries. Pro-inflammatory processes extend far beyond the classical concepts of inflammation. They manifest themselves in a variety of ways, beginning with extreme physiology, then allostasis at low-grade inflammation, and finally the shockogenic phenomenon of “inflammatory systemic microcirculation”. The pathogenetic core of critical situations, including COVID-19, is this phenomenon. Microcirculatory abnormalities, on the other hand, lie at the heart of a specific type of general pathological process known as systemic inflammation (SI). Systemic inflammatory response, cytokine release, cytokine storm, and thrombo-inflammatory syndrome are all terms that refer to different aspects of SI. As a result, the metabolic syndrome model does not adequately reflect the pathophysiology of persistent low-grade systemic inflammation (ChSLGI). Diseases associated with ChSLGI, on the other hand, are risk factors for a severe COVID-19 course. The review examines the role of hypoxia, metabolic dysfunction, scavenger receptors, and pattern-recognition receptors, as well as the processes of the hemophagocytic syndrome, in the systemic alteration and development of SI in COVID-19.

Scribes, Cooks, and Artisans: Breaking Zhou Tradition

Early China ◽  
1995 ◽  
Vol 20 ◽  
pp. 241-277 ◽  
Author(s):  
Constance A. Cook
Keyword(s):  
The State ◽  
The Other ◽  
Political Control ◽  
Other Hand ◽  
Bronze Vessels ◽  
Western Zhou ◽  
The Creation ◽  
Bronze Inscriptions ◽  
Eastern Zhou

Bronze Inscriptions of the Western Zhou period show how ritualists were once dedicated to maintaining the ritual apparatus supporting the divine authority of the royal Zhou lineage. Bronze and bamboo texts of the Eastern Zhou period reveal, on the other hand, that ritualists able to manipulate local rulers reliant on their knowledge subsequently subverted power into their own hands. Ritualists such as scribes, cooks, and artisans were involved in the transmission of Zhou “power” through the creation and use of inscribed bronze vessels during feasts. The expansion and bureaucratization of their roles in the Chu state provided economic and ultimately political control of the state. This was particularly the case as the Chu, like the Zhou before them, fled east to escape western invaders.

The Politics and Symbolism of the #ThisFlag in Zimbabwe

2020 ◽  
Vol 42 (1) ◽  
Author(s):  
Tinashe Mawere
Keyword(s):  
State Power ◽  
The State ◽  
The Other ◽  
Productive Capacity ◽  
Discursive Analysis ◽  
Other Hand ◽  
Symbolic Meanings ◽  
Dominant Discourses ◽  
National Flag ◽  
Cultural Tools

In the context of the hashtag movement #ThisFlag, this paper examines the sensual affects drawn from flag symbolism and why the Zimbabwean flag is policed by the state. It uses the symbolism and politics of the hashtag movements by focusing on Evan Mawarire’s national lament and the Zimbabwean flag. It employs a literary and discursive analysis of Mawarire’s lament using desktop research on the contestations surrounding the flag. It shows that in dominant nationalist discourses, the flag is imaged as the land/nation and feminised to warrant it utmost respect, protection, sanctity and re/productive capacity. On the other hand, the #ThisFlag has made use of the flag to resist and subvert grand and naturalised dominant discourses of nationalism and citizenship to foster new imagi/nations of the nation. The use of the flag by the movement provoked ZANU-PF’s ownership of the national flag, which is quite similar to and has been drawn from the flag of the party, hence the movement was challenging the identity of the party, its ownership and its relevance. The paper shows the fluidity of symbols and symbolic meanings and why #ThisFlag had symbolic radical power and the possibilities of using the state’s and ZANU-PF’s cultural tools to challenge ZANU-PF’s hold on national knowledge and power. It contributes to our understanding of both state-power retention and how subaltern voices can uncover the agency of subjects within the very instruments of control incessantly used by dominant regimes.

Ascending India–Its State-Capacity Problems and Prospects

2017 ◽  
Author(s):  
Sumit Ganguly ◽  
William R. Thompson
Keyword(s):  
State Capacity ◽  
The State ◽  
The Other ◽  
Military Power ◽  
Extraction Capacity ◽  
Other Hand ◽  
Indian State ◽  
Separatist Movements ◽  
Poor Infrastructure ◽  
Overall Effectiveness

This concluding chapter focuses on India's state-capacity problems and prospects. Its population may become the world's largest, its economy is becoming one of the world's largest, and its military power will probably move along at least a similar upward trajectory. Yet just about everything concerning India is characterized by developmental handicaps of one sort or another. Too many people are poor, infrastructure is lacking, and demands on the state for action to remedy these problems are multiplying. The Indian state, on the other hand, is characterized by a mixture of strengths and weaknesses. It scores high on its democratic attributes but much less so on its overall effectiveness. It has been and continues to be plagued by peripheral insurgencies and separatist movements. Moreover, its extraction capacity has improved but still has a long way to go, given the tasks the state needs to undertake.

scholarly journals TAX POLICY OF THE STATE IN THE OIL INDUSTRY AS AN INSTRUMENT OF ENSURING FINANCIAL SAFETY OF THE RUSSIAN FEDERATION IN THE PERIOD OF AN UNSTABLE ECONOMIC AND POLITICAL COUNTRY SITUATION

2017 ◽  
Vol 13 (1-2) ◽  
pp. 97-101
Author(s):  
Elena N Gorbunova
Keyword(s):  
Russian Federation ◽  
Tax Reform ◽  
Oil Industry ◽  
The State ◽  
Oil Companies ◽  
First Results ◽  
The Russian Federation ◽  
Ministry Of Finance ◽  
Oil Sector ◽  
Effective Result

Oil extraction taxation in our country was and remains a subject of special discussion. This article deals with actual problems of the taxation of the entities of an oil sector in the conditions of financial crisis, the sanctions imposed against Russia and the low prices of oil are considered. The object of research are topical issues of the taxation of the oil industry, in particular the mechanism of the taxation of the added income of the oil companies. The main options of tax mechanisms offered by the Ministry of Finance of the Russian Federation and the Ministry of Energy of the Russian Federation are considered and also opinions of heads of the largest oil companies of the Russian Federation of rather operating system of the taxation of the oil industry are analyzed. The special attention is paid to the analysis of the first results of the carried-out tax reform concerning entering of tax maneuver as one of the main mechanisms of financial safety of the state. The main conclusions of research is that receipt of effective result requires system work concerning reform of the taxation of the oil industry, a phased transition from tax maneuver to the taxation of the added income of the oil companies.

scholarly journals Historical Development over Religious Liberty in the Indonesian Constitution

2020 ◽  
Vol 3 (1) ◽  
pp. 65-74
Author(s):  
Mahaarum Kusuma Pertiwi
Keyword(s):  
Legal System ◽  
Historical Development ◽  
The State ◽  
Religious Liberty ◽  
The Other ◽  
Constitutional Amendment ◽  
Court Decisions ◽  
Other Hand ◽  
Political Consensus

This paper finding is the existence of recurring unsettled negotiation between the Islamists and the Nationalists during three important constitutional works in Indonesia (the making of 1945 Constitution; the work of Konstituante to draft a new constitution in 1955-1959; and the constitutional amendment 1999-2002). Such fragile political consensus creates a legal gap in the Indonesian legal system: constitutional guarantee on religious liberty on one hand, and discriminative derivative laws and court decisions in relate to religious liberty on the other hand. This paper argues the legal gap happens because historically, discourse over religious liberty never settled during constitutional debates. It leads to ambiguous constitutional articles on religious liberty such as the seemingly contradicting Article 28 I (1) on absolute rights and Article 28 J (2) on the limitation of rights. The ambiguous constitutional articles give no solid basis for protecting religious liberty, especially for minority, although explicitly Article 29 (2) of the Constitution stating, ‘The State guarantees freedom of every inhabitant to embrace his/ her respective religion and to worship according to his/ her religion and faith as such’. This paper will explain the unsettled negotiations during the making of Pancasila and the Jakarta Charter in 1945; the debate within Konstituante’s work in 1959; and the debate during constitutional amendment in 1999-2002.

scholarly journals A Critical Assessment on the Indonesian Free Visa Policy: a Neorealist Perspective

2020 ◽  
Vol 22 (1) ◽  
pp. 54
Author(s):  
Andry Indrady
Keyword(s):  
Public Perception ◽  
Economic Benefits ◽  
Critical Assessment ◽  
The State ◽  
Control Measures ◽  
The Other ◽  
Immigration Control ◽  
Other Hand ◽  
Visa Policy ◽  
The Ideal

This paper discusses the implementation of free visa policy in Indonesia from a neorealist perspective. By utilizing the perspective of interdependence sovereignty and domestic sovereignty, this paper critically assesses the implementation of the free visa policy in Indonesia. From the interdependence sovereignty perspective, which elaborates the economic benefits, reciprocal and security approaches the paper finds that the free visa policy in Indonesia has yet to formulate a rational and objective policy that would lead to potential security – order threat. On the other hand, from the domestic sovereignty perspective the paper finds that although the state performs its immigration control capabilities effectively, however the said immigration control measures are implemented at a rather repressive level, instead of at the ideal prevention level. In the end, the paper suggests further research that fills the gap from findings on the specific methods to enhance the state’s capability in managing challenges posed by the free visa policy in more detail, as well as providing a method to measure public perception on the performance of immigration control.

scholarly journals Macintyre on identity of ethics and politics

2006 ◽  
pp. 29-56
Author(s):  
Michal Sládecek
Keyword(s):  
Political Theory ◽  
Critical Review ◽  
The State ◽  
The Other ◽  
Individual Rights ◽  
Ethical Life ◽  
Other Hand ◽  
The One ◽  
Ethics And Politics

In first chapters of this article MacIntyre?s view of ethics is analyzed, together with his critics of liberalism as philosophical and political theory, as well as dominant ideological conception. In last chapters MacIntyre?s view of the relation between politics and ethics is considered, along with the critical review of his theoretical positions. Macintyre?s conception is regarded on the one hand as very broad, because the entire morality is identified with ethical life, while on the other hand it is regarded as too narrow since it excludes certain essential aspects of deliberation which refers to the sphere of individual rights, the relations between communities, as well as distribution of goods within the state.

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