Journal of Sustainable Development Law and Policy (The)

From Form to Function: Enforcement-Centred Reforms for Sustainable Corporate Governance

2026-10-14T13:26:43+00:00

The substantial “enforcement gap” in the developing country’s capital markets
makes them less trustworthy. This is because corporate governance rules that are
formally adopted do not actually function. This research article contends that the
primary issue is not about a lack of laws but it an insufficiency of enforcement
capability. It is, therefore, presented in this article that an integrated, four-pillar
enforcement architecture is the basis for sustainable corporate governance reforms
by going beyond the usual focus on legislative form. This article employs a doctrinal
and comparative policy analysis to look at how the four-pillars that follow function
together: regulatory design (Pillar 1), which strategically combines voluntary codes
along with mandatory rules; supervisory regulation (Pillar 2), which requires
independent and powerful securities regulators; adjudicatory capacity (Pillar 3),
which includes specialised courts and strong arbitration; and market discipline
(Pillar 4), which is driven by institutional investors as well as a free media. The
analysis shows that these components cannot function on their own as they
function together as a unified functionary. If one of them fails, the whole
enforcement framework could fall apart. The article finds that sustainable corporate
governance is an exercise in institutional transformation as it requires a contextspecific, sequenced strategy that strengthens the connections within this
framework. It concludes that it is only by the means of such a comprehensive
process for the sustainable corporate governance that the developing countries can
move from reform in form towards reform in function, and consequently
effectively protecting minority shareholders, generating long-term investment, and
achieving market confidence.

Reinforcing Party Autonomy in India: Need For Legal Framework on Model Online Arbitration Rules (MOAR)

2026-10-14T13:30:34+00:00

Parties and their counsels to disputes in international trade and commerce
have been keenly observing the legal environment in India regarding the
progress of its arbitration regime. In recent times, offering technological
support to the settlement procedure has enhanced the parties’ ability to more
effectively manage their arbitration proceedings. The study thematically
reviews the rise of party autonomy principle in India and traces its
development from traditional form of arbitration to its modern context in
online arbitration. Further, by employing a doctrinal methodology, the paper
examines the legal validity of an online or technology-based arbitration
conducted in India. The findings of the study conclude that albeit, an entirely
online-based arbitration would be legally valid in India, there is an absence of
a consolidated legal framework to regulate such proceedings in the country.
Predictability and certainty in online proceedings would potentially enhance
the principle of party autonomy in India, thereby increasing its arbitration
friendliness. The study provides a justification on the need for model online
arbitration rules (hereinafter MOAR) in India while also referring to similar
rules drafted in jurisdictions like Sweden, China, and South Korea. The paper
also discusses potential issues that might arise while drafting online arbitration
rules for India, thus, providing a momentum towards initiating legal
discussions on the drafting of such rules.

Brazilian National Determined Contributions: Current Challenges and Way Forward

2026-10-14T13:35:20+00:00

No Abstract.

Adaptive Governance: Panacea for Discordance in the Kenyan Regulatory Framework on Zoonoses

2026-10-14T13:42:10+00:00

The emergence and re-emergence of zoonotic diseases globally has posed great
financial and health burdens over the years. Anthropogenic disturbances to the
environment have caused widespread ecosystem disruptions, increasing
interactions between humans and wildlife and exacerbating transmission of
zoonotic diseases. Recently, the COVID-19 outbreak renewed discussions on
interlinkages between human, animal, and environmental health. These
interlinkages evidence a complex relationship encompassing various disciplines
and actors, going beyond the traditional use of epidemiology to explain new
infections. However, the current Kenyan regulatory framework fails to recognize
the multidisciplinary nature of zoonoses, offering a siloed, discordant, and
fragmented framework. Ideally, dealing with zoonoses would need collaboration,
cooperation, and action from various actors in the social and ecological fields.
Based on literature review and doctrinal research, this paper argues for the
adoption of an adaptive governance framework underpinned within the Social
Ecological Systems (SES) theory as the appropriate regulatory design. Such a
framework as already implemented in countries such as Chile, lays the foundation
for mainstreaming environmental health into human and animal health governance
frameworks as well as fostering multidisciplinary approaches and collaborations
of stakeholders within the different disciplines.

Towards an Efficient Regulatory Framework for Single-Use-Plastics in Nigeria

2026-10-14T13:46:53+00:00

Single-use plastics (SUPs) constitutes a critical environmental and regulatory
challenge in Nigeria. Although there are few relevant legislations, and policies such
as the National Policy on Plastic Waste Management 2020 and the National Policy
on Solid Waste Management 2020, there is poor implementation and enforcement.
Through a mainly doctrinal analysis, this article examines the challenges of SUPs
waste in Nigeria, evaluate the existing regulatory frameworks, highlights
international best practices, and proposes strategic reforms rooted in sustainability,
and compliance with global environmental standards. As a result of their progress
in the effective regulation of SUPs, the paper draws lessons from Sweden, the
Netherlands, EU, Rwanda and India. It highlights the importance of banning
harmful SUPs, enforcing corporate recycling targets and integrating informal
waste collectors into formal sectors. It also proposes key pathways such as
establishing plastic recovery hubs, implementing waste-to-energy projects and
incentivising eco-friendly products innovations. The role of government, industry
and civil society in achieving a sustainable circular economy for SUPs is
demonstrated. The findings suggest that a multi-stakeholder approach, supported
by strict regulations, financial incentives and behavioural change campaigns, can
transform SUPs into economic assets. If effectively implemented, a circular
economy model will reduce SUPs pollution, create green jobs and enhance
Nigeria’s environmental sustainability

Integrating the Paris Agreement and the SDGs In Domestic Law: A Legal Pathway for Coherent Climate–SDG Implementation in Nigeria

2026-10-14T13:50:09+00:00

This article scrutinizes the fragmented implementation of Nigeria’s Nationally
Determined Contribution (NDC) under the Paris Agreement and the Sustainable
Development Goals (SDGs). It argues that the absence of a coherent legal and
institutional framework remains the primary barrier to achieving both agendas
simultaneously. Existing scholarship identifies conceptual synergies between
climate change and the SDGs but offers limited guidance on how developing
countries can operationalize these linkages through domestic law, particularly in
Nigeria. The paper identifies key gaps. These include: (1) current policies recognize
synergies within the scope of climate change policy but do not extend to the SDGs;
(2) weak coordination among institutions continues to undermine
implementation. To address these gaps, the article makes two contributions. First,
it identifies three high-leverage alignment nodes: energy (SDG 7), land and forestry
(SDG 15), and food security (SDG 2). It explains how actions within these nodes
can advance NDC and SDG outcomes concurrently. Second, drawing on doctrinal
analysis and comparative insights from jurisdictions including Mexico, Costa Rica,
Japan, and South Korea, the article demonstrates how Nigeria can move from
fragmented implementation to a coherent national strategy that delivers joint gains
for both frameworks. The article proposes an integrated approach for aligning
NDC and SDG obligations, including policy integration, inter-agency
coordination with reporting duties to Parliament, multi-stakeholder engagement,
and the ring-fencing and redeployment of subsidy savings for projects that deliver
on both agendas.

Addressing Regulatory Deficiencies: Enhancing Corporate Social Responsibility in Nigeria’s Extractive Industry through Local Informal Institutions

2026-10-14T13:55:08+00:00

The paper emphasises the importance of incorporating local informal institutions
into Nigeria's corporate social responsibility (CSR) frameworks, particularly in
regions like the Niger Delta. It underscores that recognising these communitybased organisations is vital for enhancing the legitimacy and effectiveness of CSR
initiatives. By fostering collaborative partnerships and establishing mechanisms for
engagement, companies can better align their CSR activities with the needs and
realities of local communities. The study advocates legislative reforms to make
CSR a mandatory requirement in Nigerian company law, obliging corporate
directors to recognise and collaborate with informal institutions. Additionally, it
proposes expanding the scope of corporate fiduciary duty to encompass
responsibilities towards local communities and environmental management. This
change would enable companies to act as drivers of positive change, benefiting
both their business interests and the well-being of local populations. Furthermore,
the paper highlights the potential of Impact and Benefit Agreements (IBAs) to
establish frameworks for social inclusion and to encourage the active participation
of local stakeholders in corporate decision-making.

Examining Climate Change Litigation Approaches in Nigeria

2026-10-14T14:00:33+00:00

Climate change litigation is an important legal tool of climate change governance.
Across several jurisdictions, the increasing use of litigation to address critical
elements of climate change is redefining the obligation of states and corporate
entities. However, the successes of these cases have been largely influenced by the
legal approaches adopted by litigants in their filings and arguments in courts. The
application of these approaches by litigants and courts have provided basis for the
increasing use of litigation as a tool for seeking redress against the adverse impacts
of climate change. In the same manner, litigants in Nigeria are applying these legal
approaches to institute climate-related suits in courts. In this paper, we examine
these approaches and the extent to which they have been invoked by litigants and
courts. To achieve this, the paper adopts a doctrinal research approach for content
analysis of primary and secondary sources. The paper argues that constitutional
and human rights legal approaches have stronger potentials to promote access to
justice in climate litigation in Nigeria for two reasons: first, they impose legal
obligations on government and corporate entities. Second, they provide legal basis
for potential victims to seek redress in courts.

Reconsidering the Right to Health and Wellbeing and the Challenge of Healthcare Delivery in Nigeria: Nigeria’s Trajectory Towards SDG3 by 2030

2026-10-14T14:04:14+00:00

Sustainable Development Goal 3 (SDG3) aims to ensure healthy lives and promote
well-being for all ages by 2030. It focuses on the right to health which is a
fundamental human right at international law. This goal is premised on the fact
that good health is an essential pre-requisite for the persistent and adequate
functioning of every individual and every human society. The study uses doctrinal
methodology in engaging in a systematic analysis of primary legal sources like
relevant provisions of the Constitution, health statutes and judicial decisions. The
article provides a survey into Nigeria’s trajectory towards SDG3 amid persistent
challenges including the legal status of the right to health in Nigeria and inadequate
healthcare infrastructure, drawing from statutory frameworks like the
Constitution of the Federal Republic of Nigeria, National Health Act 2014 and
the National Health Insurance Authority Act 2022 as well as Nigeria’s behaviour
towards its healthcare obligations. It analyses gaps in policy implementation and
the challenge of funding for the purpose of drawing a conclusion whether Nigeria
is truly committed to the 2030 Sustainable Development Plan or just paying lip
service to the international community on the SDGs obligation on states.

No Development in Darkness: The Role of the Nigerian Electricity Act 2023 in Advancing Selected Sustainable Development Goals in Nigeria

2026-10-14T14:08:34+00:00

Nigeria's persistent electricity challenges have significantly hindered its progress in
sustainable development, affecting vital sectors such as education, healthcare, and
industry. This paper examines the role of the Nigerian Electricity Act 2023 in
advancing selected Sustainable Development Goals (SDGs), specifically SDG 1 (No
Poverty), SDG 3 (Good Health and Well-Being), SDG 4 (Quality Education), and
SDG 7 (Affordable and Clean Energy). Using a doctrinal research approach, it
assesses the provisions of the Act, relevant constitutional principles, and
comparative legal instruments to evaluate their effectiveness in addressing Nigeria’s
long-standing electricity shortages. However, the findings indicate that although
the Act introduces progressive reforms—such as decentralisation of the electricity
sector, promotion of renewable energy, and the establishment of consumer
protection measures. However, implementation gaps, institutional weaknesses, and
infrastructural deficiencies continue to hinder the realisation of the targeted SDGs.
The paper contends that reliable electricity access is essential for poverty alleviation,
health service delivery, and educational outcomes, and therefore plays a central role
in Nigeria’s sustainable development. It recommends short-term measures
(strengthening regulatory agencies and enforcement), medium-term measures
(expanding the grid and investing in renewable energy), and long-term strategies
(full market liberalisation and universal access initiatives). The study concludes that
while the Electricity Act 2023 marks a step forward in aligning Nigeria with the
2030 Agenda, sustained political commitment, adequate financing, and
strengthened institutional capacity are vital to ensure that no Nigerian remains in
darkness.

Nigeria’s Arbitration and Mediation Act 2023: Reform, Continuity, and the Quest For SDG 16

2026-10-14T14:18:10+00:00

Given the rise in disputes arising from domestic and trans-border commercial and contractual
agreements and the inherent challenges associated with litigation in resolving them, in 1988, Nigeria
enacted the Arbitration and Conciliation Act (ACA 1988) styled after the United Nations Committee
on International Trade Law (UNCITRAL Model Law). After several years, many developments in the
field of Alternative Disputes Resolution (ADR) have rendered the ACA, 1988 incapable of matchingup; therefore, resulting in clamour for its overhaul., The National Assembly in response, enacted the
Arbitration and Mediation Act 2023 (AMA 2023). This paper adopts doctrinal method in interrogating
whether the AMA 2023 in comparison to the erstwhile ACA 1988, is a revolutionary legislation or a
mere revision regarding the law and practice of arbitration. The article, on comparative basis, gauged the
innovations introduced by the AMA 2023 against the laws in jurisdictions like Ghana, South Africa,
Kenya, Hong Kong and Singapore aimed at gleaning reciprocal lessons for Nigeria The scope of this
inquiry is limited to the arbitration provisions of the AMA 2023.The article observed that, ADR is an
enabler of the Sustainable Development Goal 16 (SDG16) centred on peace, justice, strong institution
which the erstwhile ACA 1988 could not optimally achieve hence, it inquires whether the AMA 2023
promotes SDG 16. The article found that a survey of the AMA 2023 in comparison with the ACA 1988,
it contains novel provisions such as provision of immunity for arbitrator, consolidation and joinder of
parties, emergency arbitrator, enlarged limitation period, gender neutral language, etc., making it a
progressive or revolutionary legislative reform. Also, the article argues that AMA 2023 is a catalyst for
the actualisation of SDG 16 in Nigeria through purposive adoption and application. The article also
found that, in comparison to Ghana, Kenya, Hong Kong, Singapore and South Africa, the AMA 2023
fails to cater adequately for third-party funding (TPF), has no provision on customary law arbitration
(CLA) and creates too much procedural fragmentation. It is therefore recommended that the AMA 2023
be revised to mainstream customary law arbitration, reduce procedural fragmentation and provide
guidelines for the regulation of TPF in compliance with global developments thereby making the AMA
2023 attractive for selection as lex arbitri.

Harnessing the Role of Arbitration in Renewable Energy and Climate Change Related Disputes in Nigeria: Potential Benefits and Challenges

2026-10-14T14:23:37+00:00

The transition to renewable energy in Nigeria is critical for achieving climate goals
and sustainable development. However, this transition has led to an increasing
number of disputes related to carbon credit trading, environmental compliance,
and government incentives for renewable energy projects. Arbitration has emerged
as a preferred mechanism for resolving such climate-related conflicts due to its
flexibility, efficiency, and enforceability. This paper examines the role of arbitration
in addressing disputes in Nigeria’s renewable energy sector, particularly in the
context of climate change obligations and regulatory challenges. It explored the
legal frameworks governing climate-related arbitration, including the Arbitration
and Mediation Act 2023, international treaties, and specialized dispute resolution
mechanisms for environmental conflicts including the role of legal education. The
paper also analysed key challenges such as regulatory inconsistencies, enforcement
of arbitral awards, and the need for climate-focused arbitration expertise. The
paper proposed strategies for strengthening arbitration’s role in ensuring fair and
effective dispute resolution in Nigeria’s low carbon transition using the doctrinal
approach whilst drawing insights from relevant case studies. By enhancing
arbitration mechanisms and integrating climate-conscious legal frameworks,
Nigeria can foster investor confidence, uphold environmental commitments, and
accelerate the adoption of renewable energy. This study contributes to ongoing
discussions on leveraging arbitration for climate justice and sustainable energy
governance.

Bodily Autonomy in Custody: Can Artificial Intelligence Advance Inmates’ Health Rights in Nigeria?

2026-10-14T14:31:42+00:00

Bodily autonomy and informed consent are fundamental principles in medical law
and ethics, enshrined in both domestic and international human rights instruments.
However, in regimented environments such as correctional facilities, these rights
are frequently undermined by institutional constraints, power imbalances, and
inadequate legal oversight. In Nigeria, where the correctional health system is
fraught with systemic neglect, overcrowding, and poor medical governance, the
right of inmates to refuse treatment or make autonomous healthcare decisions
remains largely unexamined in both law and practice. This study investigates the
extent to which inmates in Nigerian correctional facilities can exercise their rights
to bodily autonomy and informed consent, particularly the right to accept or
refuse medical treatment. It further explores the potential of artificial intelligence
(AI) to support the ethical administration of healthcare in custodial settings by
improving documentation, enhancing transparency, and monitoring compliance
with consent protocols. While AI offers promising applications in safeguarding
inmates’ health rights, it also raises ethical concerns around surveillance, bias, and
the erosion of human-centred care. Through a doctrinal methodology this article
examines existing legal framework protecting inmate’s right to health and emerging
AI technologies. This study aims to uncover the gaps between legal guarantees and
custodial realities, and to propose actionable recommendations for rights-based
inmates’ health governance in Nigeria. The findings contribute to the broader
discourse on correctional reform, digital justice, and the ethical deployment of AI
in public health systems, particularly for marginalized and vulnerable populations.

Unlocking Climate-Conscious Development in Sub-Saharan Africa – The Role of Article 6.2 and AfCFTA in a Just Energy Transition

2026-10-14T14:36:21+00:00

Sub-Saharan Africa (SSA) is simultaneously the least culpable for the climate
problem and one of the most vulnerable to its repercussions. Despite these risks,
SSA has enormous, untapped potential to contribute to global mitigation efforts
thanks to its substantial natural capital—including the Congo Basin, the Sahel, and
mangrove ecosystems—and significant renewable energy resources. The Paris
Agreement’s Article 6.2 mechanism provides an important opportunity for SSA
countries to convert their mitigation potential into sustainable development
financing, allowing SSA governments to monetize emission reductions from
activities such as avoided deforestation, afforestation, agroforestry, clean cooking,
and renewable energy deployment. In parallel, the African Continental Free Trade
Area (AfCFTA), which includes 54 nations and 1.4 billion people, provides a
supplementary framework for incorporating climate-conscious industry into
Africa's overall economic integration drive. AfCFTA may standardize carbon
requirements, open up cross-border renewable energy markets, and encourage
green value chains like sustainable cement, electric transportation, and regional
solar corridors. It also paves the door for a continental carbon market architecture
in which African goals, rather than global buyer interests, determine the terms of
involvement. This article contends that SSA may use the synergies between Article
6.2 procedures and the AfCFTA’s integration framework to accomplish a fair,
sovereign, and inclusive energy transition. By incorporating climate financing into
Africa’s development strategy, the continent has the potential to not only
strengthen resilience and cut emissions but also to pioneer a unique form of
climate-conscious growth that is both equitable and internationally significant.

Economic, Social and Environmental Impacts of COVID-19 on Globalization and Spread of “Xeno-Racism” in Pandemic Environment

2026-10-14T14:40:01+00:00

This article analyzes the impacts of pandemics on the economic and social
developments of countries from a historical perspective and exemplifies the
issue with the Corona Virus 2019 (COVID-19) pandemic. In this context, the
article explains the nature of COVID-19, the counter-measures taken by
countries to curb and eradicate the disease and tries to understand the socioeconomic consequences of these measures by focusing on their adverse effects
on the globalization phenomena. In this framework, the article dwells on the
importance of the “supply chains” notion. The article also reviews the
environmental repercussions of the COVID-19 pandemic by referring to new
earth science concepts such as “ecocide” and their relationship with
globalization. Finally, the article explains the new discriminatory acts that have
surfaced in the COVID-19 pandemic period, elucidates the xenophobic and
racist behaviors faced in the previous pandemic periods, and introduces the
concept of “xeno-racism” for explaining the discriminatory behaviors surfaced
during the COVID-19 pandemic. The article makes the claim that "xenoracism" is currently one of the biggest challenges facing humanity

Administrative Accountability in Vietnam’s Digital Government: Adapting the EU Principle of Good Administration

2026-10-14T14:44:45+00:00

Digital governance has become a central strategy for enhancing public sector
efficiency, transparency, and accountability worldwide. In Vietnam, the rapid
adoption of e-government systems presents both opportunities and challenges in
aligning administrative practices with citizen expectations and global standards.
This study investigates the integration of European Union (EU) principles of good
administration – transparency, impartiality, legal certainty, and the right to redress
– into Vietnam’s digital governance framework, with the aim of strengthening
administrative accountability, citizen participation, and public trust. A qualitative
case study research design was employed, drawing on provincial governance
performance reports, policy documents, and interviews with administrative
officials. Thematic analysis was conducted using Braun and Clarke’s framework to
identify patterns in institutional practices, technological implementation, and
citizen engagement. Results indicate that provinces with well-developed digital
platforms exhibit higher transparency, greater procedural impartiality, and
enhanced citizen satisfaction. Legal certainty and accessible redress mechanisms
were found to be unevenly implemented, with institutional capacity, technological
infrastructure, and inter-agency coordination acting as critical mediating factors.
Furthermore, citizen participation emerged as a significant determinant of trust,
providing oversight and feedback that reinforce administrative compliance and
performance. The study concludes that the systematic adaptation of EU
governance principles can improve procedural consistency, equitable service
delivery, and public confidence in Vietnam’s digital government. Strategic
investment in institutional capacity, technological infrastructure, participatory
mechanisms, and monitoring systems is necessary to sustain these reforms. The
findings provide actionable insights for policymakers seeking to align national
digital governance practices with international standards while addressing local
socio-technical and institutional challenges

Advancing Eyecare in Nigeria: Driving Innovation and Partnerships for Sustainable Development

2026-10-14T14:50:22+00:00

Being the text of the distinguished keynote lecture delivered on March 26, 2026 at
the Eyeball Summit 2026 – Eye Health Leadership & Investment Summit/Expo
(2nd Edition) organized by the Optometrist and Dispensing Opticians
Registration Board of Nigeria held at in Abuja, Nigeria

Illicit Financial Flows and National Development – Drivers, Challenges, and Pathways for Multi-Stakeholder Solutions

2026-10-14T14:52:45+00:00

Being the text of the distinguished keynote lecture delivered on April 13, 2026 at
the 9th Annual Conference of the International Law Association (Nigerian Branch)
held at the National Institute for Legislative and Democratic Studies (NILDS)
Abuja, Nigeria.

Executive Authority, Petroleum Governance, and Fiscal Federalism: A Critical Appraisal of Nigeria’s 2026 Oil Revenue Remittance Order.

2026-10-14T14:55:38+00:00

This paper examines the 2026 Executive Order issued by President Bola Ahmed
Tinubu directing the Nigerian National Petroleum Company Limited to remit
oil and gas revenues directly into the Federation Account. The Order represents
a significant shift in Nigeria’s petroleum revenue governance framework
established under the Petroleum Industry Act (PIA), which commercialised
NNPCL and permitted certain statutory deductions before remittance. This
study adopts a doctrinal legal research methodology to assess the constitutional
validity, fiscal implications, and governance consequences of the directive. It
interrogates the interaction between Sections 5, 44(3), and 162 of the 1999
Constitution (as amended), the doctrine of separation of powers, and the
principles of fiscal federalism. While the Executive Order is defended as a
corrective mechanism aimed at enhancing transparency, preventing revenue
leakages, and strengthening Federation Account allocations, it also raises
concerns regarding executive overreach and potential inconsistency with
statutory provisions of the PIA. The paper argues that although the objective of
promoting accountability is legitimate, sustainable reform requires legislative
alignment to avoid constitutional conflict and regulatory uncertainty.
Ultimately, the Order underscores the enduring tension between corporate
autonomy in state-owned enterprises and constitutional supremacy in public
revenue management as stated in section 162(2) of CFRN.

Editorial Comments

2026-10-14T13:24:28+00:00

No Abstract.