• AfCFTA and lex mercatoria: reconceptualising international trade law in Africa

      Onyejekwe, Chisa; Ekhator, Eghosa; Canterbury Christ Church University; University of Derby (Taylor and Francis, 2020-09-08)
      This paper focuses on the Agreement for the Establishment of the African Continental Free Trade Area (AfCFTA). It argues that commercial activities in precolonial Africa was akin to the phenomenon of lex mercatoria in medieval Europe. It discusses two major tenets embedded in the AfCFTA: the variable geometry principle and the dispute settlement mechanism. It argues that for structural and comparative purposes, these principles (variable geometry and dispute settlement) form the kernel of modern lex mercatoria in the African context. This paper concludes by advocating that the AfCFTA will enhance the principles of lex mercatoria by promoting African trade principles.
    • AfCFTA: An emergent concept of 'Lex Mercatoria Africana'?

      Ekhator, Eghosa; University of Derby (AfronomicsLaw Blog, 2020-09-19)
    • Corporate social responsibility in the oil and gas industry in Nigeria: the case for a legalised framework

      Ekhator, Eghosa; Iyiola-Omisore, Ibukun; University of Derby; University of Leeds (Springer, 2021-01-26)
      This chapter focuses on the extant corporate social responsibility (CSR) practices in the oil and gas industry in Nigeria. The oil and gas industry has been beset by a lot of problems not limited to violence, kidnappings, eco-terrorism, and maladministration amongst others. One of the strategies of curing or mitigating these inherent problems in the oil and gas sector is the use of CSR initiatives by many oil multinational corporations (MNCs) operating in Nigeria. Notwithstanding that the majority of CSR initiatives in the oil and gas sector in Nigeria are voluntary, this chapter avers that CSR initiatives should be made mandatory by the Nigerian government. Furthermore, Civil Society Organisations (CSOs) should play an integral role in the implementation of any legalised framework on CSR that will be developed in the country. This chapter suggests that a CSR law should be developed specifically for the oil and gas industry to mitigate the negative externalities arising from the activities of oil MNCs in the Niger Delta region of the country
    • Energy law and policy in Nigeria with reflection on the International Energy Charter and domestication of the African Charter

      Ekhator, Eghosa; Agbaitoro, Godswill; University of Derby; University of Essex (Pretoria University Press, 2019-12)
      The aim of this chapter is to examine the benefits of the International Energy Charter (IEC) to signatory countries with a view to illustrating its future relevance and potential influence in respect of energy laws and policies in Nigeria. The intended outcome of the chapter is to highlight the critical role of the IEC in global energy governance and its impact on Nigeria. Moreover, it will discuss how the IEC has contributed to the ability of signatory countries to enhance international cooperation aimed at addressing common energy challenges while enabling them to harness their full energy resource potential. The research question sought to be answered is whether the IEC has the requisite elements to transform Nigeria’s energy laws and policies so as to bring about positive outcomes in the country’s energy sector. The chapter argues that lessons can be gleaned from the successful domestication and implementation of the African Charter on Human and Peoples’ Rights (African Charter) in Nigeria in this regard.
    • Women and access to environmental justice in Nigeria

      Ekhator, Eghosa; University of Derby (Institute for African Women in Law, 2020-10)