Journal of Sustainable Development Law and Policy (The) 2022-08-26T12:43:55+00:00 Dr. Damilola S. Olawuyi (Executive Director) Open Journal Systems <p><em>The Journal of Sustainable Development Law and Policy</em> (JSDLP) is Nigeria’s first interdisciplinary&nbsp;sustainable development journal, published by the OGEES Institute, Afe Babalola University, Nigeria.&nbsp;The journal fosters the dissemination of research results and scholarly papers by teaching and&nbsp;research scholars in Africa and across the world in the area of sustainable development law and&nbsp;policy. The OGEES Institute publishes two issues per year.</p> <p>The thematic focus of the journal span across broad areas of sustainable development law and policy&nbsp;ranging from the economic, social and environmental dimensions. As such papers that explore broad&nbsp;themes of sustainable development such as environment, natural resources, green economy,&nbsp;international trade, banking, taxation, public policy, public private partnerships, alternative dispute&nbsp;resolutions, peace, and conflict studies are normally given top consideration. The Editorial Board of&nbsp;the Journal comprises international development scholars and experts from Italy, United Kingdom,&nbsp;Indonesia, Nigeria, Canada and the United States that provide leadership and lend their expertise to&nbsp;promote and enhance the scholarly relevance of the journal.&nbsp;</p> <p>Other websites associated with this journal: <a title="" href="" target="_blank" rel="noopener"></a>&nbsp;and&nbsp;<a title="" href="" target="_blank" rel="noopener"></a></p> Theories and Practices on Deposit Bonds use for Environmental Management and Sustainable Development in Kenya’s Titanium Mining Projects 2022-08-26T12:37:20+00:00 Geoffrey Omedo Kariuki Muigua Richard Mulwa Robert Kibugi <p>This article analyses the use of economic incentives, particularly the Environmental Performance Deposit Bonds (EPDBs) in enhancing sustainable environmentally sound mine operations and closure. This is through a review of the environmental challenges and management practices at the Kwale Mineral Sands Project which is Kenya’s ;largest mining project. The article reviews the legal challenges around the effective regulation and application of the bonds for environmental management in upstream mining, as well as how the titanium mining project is undertaking environmental management as the mine approaches its closure deadline in 2023. It is important to note that Base Titanium, the company undertaking this project voluntarily deposited environmental reclamation deposit bonds of USD 512,000 to the environmental regulator, as financial assurance for good environmental practices. The data used in the analysis is from literature review, key informant interviews, interview schedules, and focus group discussions. Results indicate that Base Titanium is working hard to comply to the environmental standards and practices, applying the mitigation hierarchy approaches, as well as a robust mine reclamation process. The lack of a proper legal and regulatory framework governing Environmental Performance Deposit Bonds (EPDBs), as well as a non-existent deposit bonds registry systems and guidelines is a challenge to their effective institutionalization. The public and key stakeholders are also unaware of the existence of the bonds, unlike the well-laid down public participation principles in the Environmental (and Social) Impact Assessments (ESIAs) and Environmental Audits (EAs). While the study acknowledges that Base Titanium is greatly expanding the discourse on sustainable finance models for environmental management in Kenya, the lack of legal clarity and coherence is a major impediment for progressive growth in this area.</p> 2022-05-24T00:00:00+00:00 Copyright (c) America or India: Identifying a Suitable Off-Grid Rural Electrification Model for Nigeria. 2022-08-26T12:37:39+00:00 Eti Best Herbert <p>Most Nigerian living in the rural areas lack access to electricity due to lack of connectivity to the national grid network. The national grid expansion strategy to rural areas has not yielded much result due to financing and centralised approach. Off-grid electricity is considered more suitable for rapid electrification of rural areas. This paper examined the American and Indian approach to rural electrification and derived suitable lessons for Nigeria. While America ensured a robust national grid network to service rural areas, India adopted the renewable energy based off-grid options, thereby becoming the fastest developing country in rural electrification.</p> 2022-05-24T00:00:00+00:00 Copyright (c) Foreign Fictions: ‘Research’ about Ethiopian Legal Reform in a Top-Tier Academic Journal 2022-08-26T12:38:02+00:00 Logan Cochrane <p>Top tier academic journals claim to publish the most rigorous, peer reviewed research. This evidence based found therein is utilized to support decision making for sustainable development. In parallel, many journals that are published in the Global South are accused of being lower quality or disregarded as ‘predatory’. This article explores an example of a ‘foreign fiction’ written about Ethiopia and published in a top tier academic journal. The narratives and evidence from that top tier journal are contrasted with research published in Ethiopian journals. This case study shows that Ethiopian scholars have produced important research and contributed evidence, but have largely been ignored, or silenced, perpetuating foreign fictions. This is important because policy and law seeking to enable development are informed and influenced by the research produced in top tier journals. Based upon this, this article critiques assumptions about “top tier” journals as well as those about Ethiopian journals, and further about the continued colonial power imbalances that exist within knowledge production systems. This has implications for universities and scholars, which continue to privilege a particular set of journals that are largely based in the Global North and wherein contributing authors are also largely based in the Global North. The reproduction of colonial relationships within global knowledge production systems calls for much broader critical reflection about whose voices are privileged as authentic conveyors of knowledge and how these privileges are institutionalized.</p> 2022-05-24T00:00:00+00:00 Copyright (c) What is the Problem with Stabilization Clauses in Petroleum Agreements? 2022-08-26T12:40:01+00:00 Victoria R. Nalule <p>International Oil Companies (IOCs) continue to invest in countries which do not have stabilization clauses. Why is this so? What is the essence of these clauses? One of the curiosities of stabilization clauses in petroleum agreements, is that most developed countries will not offer them to investors. So, why do developing countries with stable political, fiscal and regulatory climate offer them? Additionally, history shows that these stabilization clauses have not deterred host governments from expropriating petroleum investments. While governments may be able to make commitments of their own, as a matter of national sovereignty they may not be able to bind the legislative competence of the State into the future. These concerns are the main driver behind this article, which is influenced by the various questions asked by policymakers in the Global South on the importance of stabilization clauses for the sustainable development and management of natural resources.</p> 2022-05-24T00:00:00+00:00 Copyright (c) Assessment of the Level of Awareness of Households and Institutions on the Impacts of Premature End-of-Life Vehicles in Nairobi City County, Kenya 2022-08-26T12:40:27+00:00 Selelah Okoth Elvin Nyukur Richard Mulwa <p>Over the years, Kenya has recorded an increase in the volumes of vehicles shipped into the country. Some of these vehicles end up being premature end-of-life vehicles (ELVs) mainly due to road accidents. These premature ELVS are poorly managed mostly parked in police station yards, garages, and some residential estates causing public health and environmental harm thus undermining achievement of sustainable development. There have been scattered efforts on their management through policies and legislation such as the Environmental Management and Coordination Act, 1999; the umbrella law on environment which is both generic and unable to sufficiently address premature ELVs. This paper provides findings from a study whose objective was to assess the level of awareness of households, public and private institutions on the impact of poor management of premature ELVs on social concerns, public health, and the environment; and implores on the need for responsive policy and legal frameworks. To this end, structured questionnaires were administered to a total of 170 households in Nairobi County while key informant interviews (n=88) were conducted in relevant government agencies viz. policy making institutions; regulators and enforcement agencies; and, garages, salvage companies, and insurance firms. A Likert scale (1-5), with 1 being totally unaware and 5 highly aware was used to gauge the level of awareness. The mean level of awareness was 3.87 and most respondents were above this level of knowledge about social impacts such as degradation of the aesthetic values associated with poorly managed premature ELVs. However, another majority was below the average awareness level of 3.87 on awareness of the environmental and public health impacts associated with poor management of the premature ELVs. The results of this study indicate the need for enhanced awareness programs and development of policy and legal frameworks for effective management of premature ELVs in Kenya.</p> 2022-05-24T00:00:00+00:00 Copyright (c) Oil Spills in the Niger Delta-Does the Petroleum Industry Act 2022 Offer Guidance for Solving this Problem? 2022-08-26T12:40:47+00:00 Millicent Ele <p>Oil exploration and production in the Niger Delta have resulted in massive oil spills and lasting environmental damage to the region. This article critically examines the legal and regulatory dimensions of this problem. It looks at the general statutory provisions governing oil spills in the Niger Delta to see whether there are gaps and deficiencies in the existing laws and policies which cause or exacerbate oil spills in the region. It further looks at the implementation and enforcement of the laws, particularly the effectiveness or lack thereof of the polluter-pays principle, adequacy of funding for environmental remediation, issues relating to standard setting and ministerial discretion, as well as the issues associated with the security problems in the Niger Delta. The article concurrently reviews relevant sections of the newly enacted Petroleum Industry Act (PIA), 2021 to see whether it offers guidance for solving the endemic problem of oil spills in the Niger Delta. It is concluded that poorly developed laws, and weak institutions that result in weak implementation and enforcement protocols remain largely to blame for the problem of oil spills in the Niger Delta. It also discusses how the PIA can be strengthened to address persisting gaps in the design and implementation of oil spill responses in Nigeria.</p> 2022-05-24T00:00:00+00:00 Copyright (c) Improving environmental protection in Nigeria: a reassessment of the role of informal institutions 2022-08-26T12:41:05+00:00 Osamuyimen Enabulele Eghosa O. Ekhator <p>The success of an approach or strategy for the implementation of legal instruments in one country does not imply that the same approach or strategy would be successful when replicated in another country because there is no ‘one-size-fits-all approach’ to policy implementation. The rationale for the above assertion is that institutions play a major role in the success of any policy. Undoubtedly, institutional approach provides a solid foundation to explore the interplay between formulation of policies and their effective implementation. Therefore, for an environmental policy to be successfully implemented, the institutional peculiarity of the country must be considered. This article explores the role of informal institutions (embedded institutions) in policy implementation focusing on Sub-Saharan Africa with specific focus on Nigeria. It provides theoretical basis for an informal institutional approach in environmental policy implementation. This article suggests that the institutional approach can be extended to environmental protection and management through informal institutions.</p> 2022-05-24T00:00:00+00:00 Copyright (c) Implementing the Sustainable Development Goals in Nigeria (Routledge, 2022). 2022-08-26T12:41:49+00:00 Augustine Arimoro <p>No abstract.</p> 2022-05-24T00:00:00+00:00 Copyright (c) The Search for Sustainable Economic Development in Nigeria and the Role of the Young Lawyers 2022-08-26T12:42:26+00:00 Oladoyin O. Awoyale <p>No abstract.</p> 2022-05-24T00:00:00+00:00 Copyright (c) Re-Prioritization of Education: A Panacea for the Obstacles Challenging Sustainable National Development in the 21st Century in Nigeria 2022-08-26T12:43:25+00:00 Olumide Akpata <p>No abstract.</p> 2022-05-24T00:00:00+00:00 Copyright (c) Judicial independence: a recipe for democracy in Nigeria 2022-08-26T12:43:55+00:00 Damilola S. Olawuyi <p>No abstract.</p> 2022-08-22T00:00:00+00:00 Copyright (c)