Harmonizing Commercial and Investment Arbitration: Conflict Dynamics

This article provides an independent analysis of the scope and extent of arbitration under investment agreements, and the implications of the possible convergence in the process of harmonization of international commercial arbitration law.The successful settlement of any dispute depends on the compatibility of the nature of the dispute with the technique to which it is submitted for resolution. In the last decade, there was a constant increase in the number of disputes that were subjected to arbitration and a major chunk of those disputes covered a comparatively new but known area called international investment law. With economic globalization allowing the free flow of foreign direct investment (FDI) in and out of a country, the existing regulatory framework in international law to standardize investment liberalization is often seen as ineffective, hence the consequent disputes. Here, arbitration offers a suitable framework for the amicable settlement of commercial disputes covering investment agreements with the assistance of bilateral or multilateral agreements between the states. Preferential trade agreements pertaining to investment often contain an arbitration clause for the settlement of future disputes between parties. At this juncture, one may find that there exists a fundamental dilemma in ascertaining the true nature of investment arbitration and how it is different from commercial arbitration. For example, the protection being offered to human rights under the purview of investment arbitration may generate doubts in the minds of investment arbitrators. In commercial arbitration, divergences in a pluralistic order become particularly relevant whereas the diverse legal cultures supported by individual constitutional frameworks have a direct impact on investment arbitration due to their practical application. The article also discusses the need for harmonized rules governing arbitration procedures while maintaining the functional dissimilarities between commercial and investment arbitration.

Corporate Social Responsibility and Environmental Protection in the Nigerian Energy Sector: Reflection on Issues and Legal Reform

The abatement of environmental degradation has been an issue which has received growing attention in recent times. Despite the increased attention however, environment pollution has remained unabated in Nigeria with its adverse impacts on the citizens. The question then is, do businesses owe society any social responsibility as it relates to the protection of environment? The Energy sector in Nigeria plays a very crucial role in Nigeria’s development, as the industrial development and innovation necessary for the economic development of any country is directly linked to the management of energy resources. Nigeria is endowed with abundant (fossil fuel) energy resources, such as oil, gas, coal, fuel wood, etc., which are dominantly the fuel sources for electrical energy production, yet, Nigeria is faced with environmental challenges capable of limiting and destroying access to these energy resources without taking cognizance of their environmental control. Therefore, this article attempts at navigating the imperative of Corporate Social Responsibility. Furthermore, the use of Corporate Social Responsibility as a tool for abatement and prevention of environmental damage to the energy sector is considered. Finally, possible recommendations were made as control measure through CSR in Nigeria in order to protect the energy resources and ensure a clean and healthy environment.

The Polarities of Tax Competition

Tax competition is a topic that is often discussed in the forums of international tax lawyers. Not only lawyers but also economists, politicians, and other scientists discuss tax competition topics. One of the elements that characterize such discussions is the polarity of the key aspects of tax competition. Such polarities are the focus of this article, which pulls together disparate discussions on tax competition polarities. This article adds to the existing knowledge some key elements to consider while studying this field. In that context, this article claims that the study of tax competition should not be done in a one-way approach, rather in a two-way approach.

Gender Equality and Sustainable Development: Evaluating the Effectiveness of Nigerian Laws and Practices to Guarantee the Woman’s Human Right

In light of the prevalence of discriminatory practices and violence against women, gender equality has been internationally recognized as one of the sustainable development goals to be achieved by state parties before the year 2030. However, achieving equality between men and women has been the greatest human right issue in Nigeria. The main aim of this article is to show that women are important in promoting sustainable development. However there are provisions of the Nigerian law which discriminate against a woman. This article argues that sections 221, 353, 357 and 360 of the Criminal Code and sections 55, 282(2) of the Penal Codediscriminate against a girl or woman. In addition, although Nigeria is a party to a number of international treaties such as CEDAW, gender discrimination remains a major threat to sustainable development. The limited number of women appointed in the senate shows the extent of marginalization of women in Nigeria. For example, the United Nations rating of Nigeria in human development is low due to the fact that the percentage of seats held by women in parliament is so minimal compared to the men. Therefore the findings of this article are to assist policymakers in enforcing sustainable practices that promote gender equality by among other things, amending the relevant provisions of the criminal code and the penal code which discriminates against a female in Nigeria. Finally, to reconsider bringing back the gender equality bill that was rejected for second reading in 2015 at the floor of the senate.

Addressing the Impacts of the Covid-19 Pandemic on Public - Private Partnership (PPP) Contracts

The Covid-19 pandemic has significantly impacted the health and economy of the world. The pandemic has also frustrated the execution of public-private partnership (PPP) projects across the world, with economic and legal consequences for contracting parties. The impacts of the pandemic have, and may continue to, result in uncertainties and even project failures. PPPs are underpinned by long term contracts which should ordinarily determine the rights, obligations and remedies arising out of the impact of the pandemic. However, the legal outcomes are never always certain or determinable and might not augur well for any of the parties. This article examines legal and contractual tools for managing uncertainties and risks arising from the pandemic. It suggests that, as much as possible, parties should rely on extra-contractual arrangements to resolve the issues that are likely to arise out of the pandemic. This article discusses the possible legal outcomes of the pandemic on PPP arrangements and suggests creative ways of mitigating its impacts.

Implementation of the Policy for Banning Incandescent Lamps in the Markets: Review of the Global Situation and Challenges for Mozambique

The excessive use of incandescent lamps is one of the main factors in the low energy efficiency of the residential sector in Mozambique. To remedy this situation, some countries are banning the import and sale of incandescent lamps in their markets. The article reviews the status of implementation of these actions worldwide and the challenges for Mozambique. The data is drawn from existing literature on the topic under discussion and selected according to purpose. The literature indicates that Mozambique has a program to promote energy efficient incandescent lamps, but the level of its implementation is still very low. Regarding the implementation of the policy to ban incandescent lamps, it was found that the barriers are universal, namely the lack of funding to support the policy actions, the high price of marketing energy efficient lamps, the deficit and doubtful quality of efficient lamps and the little knowledge of consumers and decision makers about the advantages of using energy efficient lamps. However, these data lead us to conclude that it is premature to think about the implementation of the policy to ban the import and sale of incandescent lamps in Mozambique, as there are actions that should be prioritized at this time, namely, the promotion of low consumption lamps, the dissemination of measures for the rational use of electricity in buildings, consumer awareness, the adoption of labels on household appliances and the drafting of specific legislation.

Towards the International Standardization of Carbon Dioxide Capture, Transportation, Utilization and Storage (CCUS) Technologies: Current Challenges and Future Directions

Climate change poses a serious threat to the development of the current and future generations. Therefore, Carbon Dioxide Capture, Transportation, Utilization and Storage (CCUS) has emerged as an essential tool to mitigate such impacts of global warming along with other initiatives and strategic decisions such as energy transition and conservation, sustainable practices amongst others. This article is focused on the CCUS practices and more specifically the peculiarities of CCUS vis-à-vis the standardization rules at the International Organization for Standardization (ISO). The main question this article aims to address is to determine if CCUS should have its own standing technical committee (TC) or if it should be somehow related to the existing Carbon Capture and Storage (CCS) technical committee.

Legal Reforms as a Tool for Sustainable Development in Former Mining Communities: A Case Study of Kabwe Lead-Zinc Mine, Zambia

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Compensating Toxic Torts in Kenya: Overcoming the Causation Dilemma

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Current Trends in Sustainability Education and the Future of Sustainability Education in Nigeria

This article examines the current trends in sustainability education and the future of sustainability education in Nigeria. It contends that development and environment are intertwined and thus should be systematically embedded into educational activities to yield environmentally responsible and accountable policies and citizens in the quest for sustainable development. The significant roles of Environmental Education (EE) as a tool for propagating United Nations sustainable development goals (SDGs) have been identified within Nigeria's national guidelines and policy visions. While there is this recognition, implementing and delivering EE programs remains significantly affected by various practical implementation challenges. Despite various studies documenting the value of EE for the achievement of the SDGs, challenges related to governance and laws limiting the roll-out of these programs in Nigeria continue to pose implementation challenges. Thus, this article seeks to look at the various institutional and legal challenges arising with the implementation of these programs within Nigeria and how to practically address them. The main challenges identified in this study are inadequate funding, capacity gaps, insufficient facilities, inadequate infrastructure, and the lack of EE in national strategies and plans. Recommendations for addressing these challenges are provided, along with conclusions on the future outlook.