The impact of Nigerian international petroleum contracts on Environmental and Human Rights of indigenous communities By Okechukwu Ejims*

21 Tuesday Aug 2012

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I. Introduction

The use of international petroleum contracts in petroleum development has now become a contemporary trend throughout the world.[1] In practice, petroleum development has been determined by these contracts,[2] and multinational companies involved in petroleum development have entered into a lot of these contracts, which have caused them to carry out petroleum development in regions inhabited by indigenous communities.[3] These indigenous communities include the communities in Niger Delta of Nigeria.[4] Having said that, the communities in the Niger Delta see such development as a threat leading to the infringement of their traditional rights related to the use and management of lands and natural resources which they perceive as theirs by way of tradition and usage.[5] Accordingly, this projected development of traditional lands has generated traditional rights concerns that have caused conflicts in the Niger Delta region of Nigeria inhabited by indigenous communities.[6] Continue reading »

The Enforcement Procedure Of Arbitral Awards in Cameroon By Ndeugwe Bernard Taylor Tumnde*

08 Wednesday Aug 2012

Posted by AILA in Africa, International Arbitration, Investment

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Introduction

Arbitral awards cover a range of remedies such as monetary compensation, punitive damages, specific performance and restitution, injunctions, declaratory reliefs, rectification, adaptation of contracts, interest and costs. The successful party in an arbitration proceeding expects the award to be performed without delay. However, it may happen that the beneficiary of an award has to forcefully execute it for him to enjoy the fruit of the award. Continue reading »

Grounds For The Refusal of Arbitral Awards Under The OHADA Uniform Act On Arbitration 1999 By Ndeugwe Bernard Taylor Tumnde

06 Monday Aug 2012

Posted by AILA in Africa, International Arbitration

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Introduction

The Organisation for the Harmonisation of Business Law in Africa (Organisation pour l’Harmonisation en Afrique du Droit des Affaires) Treaty commonly known by its French acronym as OHADA was born out of a meeting of Ministers of Finance of the CFA[1] Franc Zone in Ouagadougou, Burkina Faso in 1991.[2] This treaty was signed at Port Louis, Mauritius on the 17^th day of October 1993. Fourteen States were the initial signatories.[3] Two years later (1995) it came into force. Subsequently, Guinea Bissau, Guinea Conakry, and the Democratic Republic of Congo joined, bringing the total membership to seventeen (17). Continue reading »

The ‘BIT’ Conundrum By Nida Mahmood

03 Friday Aug 2012

Posted by AILA in Asia, Investment

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The Bilateral Investment Treaties (BITs) are international agreements between states inter se that commonly provide for a framework in which investment from one state (home state) is to be received and managed within the other state (host state). They typically impose obligations on the host states to provide for the basic standards of treatment and investment protection as enunciated in customary international law, including the Most Favored Nation Treatment, National Treatment and the Fair and Equitable Standard of Treatment. Continue reading »

Is Africa Finally Confronting Its Challenges On Investment Treaty Arbitration? By Rukia Baruti

01 Wednesday Aug 2012

Posted by AILA in Africa, International Arbitration, Investment

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Challenges are opportunities in disguise. Despite the global economic slowdown which has significantly affected developed economies, Africa, particularly Sub-Saharan Africa, has apparently shown good signs of economic expansion. According to the International Monetary Fund World Economic Outlook of September 2011, the region’s economy is expected to expand by up to 5¾ per cent in 2012 owing to its use of macroeconomic policies. This has in turn increased the volume of foreign direct investment (FDI) inflows. With the increase of FDI, it is inevitable that disputes will arise. It is therefore an opportune time for the region to return to its long-standing responsibilities for developing expertise and building capacity in investment treaty law and arbitration. Continue reading »