Papers by Precious Ibanitoru
It is no longer in dispute that mankind is standing on the precipice of unwanted and catastrophic... more It is no longer in dispute that mankind is standing on the precipice of unwanted and catastrophic climate change . Although both natural and anthropogenic activities contribute to production of greenhouse gases, it is clear that emissions from power plants, machineries and automobiles are the biggest culprits. To place it in perspective, “energy accounts for two-thirds of total greenhouse gas emissions and 80% of CO2 production.” Presently carbon rich energy sources such as Coal, Oil and Natural gas cumulatively account for over 80% of the world’s total primary energy by source. To combat the seemingly inexorable climate change, the Kyoto Protocol and currently the Paris Agreement established regimes which articulated strategies towards global emission reduction by states. These strategies focused almost entirely on GHG emission reduction and increasing sinks for carbon capture, precious little is said about energy. Instructively, Driesen has commented that there is a consensus among climatologists that curbing climate change would involve a revolutionary shift in the way we currently generate and utilize energy.
The legal fallout therefore is that if a low-carbon energy transition is so integral to the current success of global climate change efforts, have the climate regimes both past and present, addressed this adequately?
A Critical Analysis of the Polluter Pays Principle in International Climate Change Law, 2021
The Polluter Pays Principle has been the cornerstone of municipal environmental policy and regula... more The Polluter Pays Principle has been the cornerstone of municipal environmental policy and regulation in the OECD. Imported from Economics and exemplified successfully in different jurisdictions as carbon taxes and emission trading schemes inter alia, it places the financial responsibility for pollution remediation, prevention or reduction firmly on the polluter. However, its reception into International Climate Change Law (ICCL), a relatively new specie of law has not been encouraging due to a myriad of conceptual, normative and implementation challenges.
This work seeks to contribute to existing academic discourse by analysing the principle as it relates to climate change governance with emphasis on the UNFCCC, Kyoto Protocol and the Paris Agreement.
The foundational premise of this essay is, with the grave consequences of climate change and the inadequacy of states’ collective action, ICCL must increasingly be framed in terms of the Polluter Pay Principle as its operationalization in the Paris Agreement could lead to enhanced burden sharing in Mitigation and Climate Finance efforts between Historical Emitters and Emergent Emitters potentially resulting in significant climate saving changes.
Beginning with a critique of the definition of the Polluter Pays Principle, the essay considers the historical evolution of the PPP’s expression in International law. ICCL as a discipline is then examined, and the relationship of its core norms to the PPP is explored. It progresses to consider the operationalisation of the PPP in the ICCCL, and identify challenges facing increased operationalisation of the PPP in the ICCL.
The world is rapidly undergoing a renewable energy transition, in line with the NDCs submitted un... more The world is rapidly undergoing a renewable energy transition, in line with the NDCs submitted under the Paris Agreement, several regional and national legislations have been enacted to engender the shift to renewable energy. From solar to wind technology, renewable energy is gradually increasing in the energy mix of many countries in Europe, with the UK, specifically Scotland, the regional leader in offshore wind energy. However, these schemes are situated in places- land or sea which have over the years acquired both extrinsic and intrinsic value, frequently meaning different things to the different spheres of the public. The interplay of RES developers, regulators on the one hand and public opinion on the other hand has in many instances engendered fierce public opposition to renewable energy schemes and this is reductively captured in the criticised concept-“Not In My Backyard (NIMBY)”. This contrasts sharply with the growing demand by civil groups in many nations for increased government effort in driving the renewable energy transition.
Regardless of these contradictions and the desire of regulators to create an enabling environment for investors in renewable energy schemes, public engagement is not just good practice but, in many cases, obligatory. However, excluding vociferous opposition by locals, it is doubtful if the mode of its execution significantly impacts on the success of a Renewable Energy Scheme (RES) as other strategic factors are more influential.
DISSOLUTION OF STATUTORY MARRIAGES IN NIGERIA; PROBLEMS AND PROSPECTS, 2015
The institution of marriage is sacrosanct and protected by law especially if celebrated in
accord... more The institution of marriage is sacrosanct and protected by law especially if celebrated in
accordance with the Marriage Act 1914. Although the dissolution of marriage which is defined
as the legal separation of man and wife effected by the judgment or decree of a court, and either
totally dissolving the marriage or suspending its effect so far as it concerns the cohabitation of
the parties is not the original intendment of the Act, it is inevitably provided in situations where
the marriage has broken down irretrievably. This has invariably led to a host of intractable
problems; both legal and otherwise faced by both parties to the petition, their progeny and the
society.
Consequently, this study shall attempt to analyze the grounds for the dissolution of statutory
marriage in Nigeria, problems it creates and the prospects for its solution.
Appraisal of the Lagos State Property Protection Law 2016.pdf, 2018
Lagos State, remains undoubtedly the biggest commercial hub on the West African coast with a popu... more Lagos State, remains undoubtedly the biggest commercial hub on the West African coast with a population of about 21 million people. This massive increase in economic activities has caused rapid urbanization of almost all local government areas within the state creating a truly cosmopolitan business ecosystem.
However, one of the fall-outs of this development is the skyrocketing costs of renting, leasing and purchasing landed properties in different locations around the state. Constitutionally, tenancy and land matters fall within the residual list and are legislated by the State House of Assembly. Thus, the operative law with regards to Tenancy in Lagos is the Tenancy Law of Lagos State 2011.
However as regards sale of land and the attendant hurdles facing multitudes of investors in Lagos, the possibility of buying and developing land genuinely free from all encumbrance is almost akin to the proverbial golden fleece. This is attributable to the nefarious practices of “omonile”, land grabbers and unscrupulous family members who sell and resell land without authorization and levy a plethora of fees intended to frustrate purchasers whilst enriching
themselves. The Property Protection Law 2016 was consequently enacted to stem this tide amongst other things but its introduction also has far reaching significance for professionals such as Lawyers, Estate Agents and Law enforcement Agents.
Drafts by Precious Ibanitoru
The Joint Operating Agreement (JOA), the constitutional document of an unincorporated joint ventu... more The Joint Operating Agreement (JOA), the constitutional document of an unincorporated joint venture is, excluding the License, the most important legal instrument for oil operations in the United Kingdom Continental Shelf (UKCS). As an overarching framework, it provides the means by which participants in the oil and gas industry ‘jointly develop a prospect and share the risks and rewards of exploration and production.’
The cost intensive nature of oil and gas operations require parties to contribute substantially, not only at the exploration, appraisal and development stage but also during the decommissioning stage, default by any of the parties may lead to unplanned expenses by Non Defaulting parties (NDP), delays and even abandonment of the venture. With regulatory changes and entry of smaller companies in mature oil and gas zones such as the UKCS, the risk of default increases significantly. It is against this backdrop that this article considers enforceability of default provisions in JOAs with special emphasis on forfeiture within the UKCS.
Section 1 will discuss the different types of default provisions and procedure available in the Oil and Gas United Kingdom (OGUK) JOA while Section 2 considers the general rule on forfeiture, and examining likely pitfalls such as the Penalty rule, Anti-deprivation principles, relief from forfeiture and their implications for enforceability of default provisions.
THE LAWNESS OR NON LAWNESS OF INTERNATIONAL LAW, 2015
THE LAWNESS OR NON LAWNESS OF INTERNATIONAL LAW
ABSTRACT
The above topic has frequently dominate... more THE LAWNESS OR NON LAWNESS OF INTERNATIONAL LAW
ABSTRACT
The above topic has frequently dominated the discourse of many political scientists and jurists, each with conflicting views. It is an issue which strikes at the very heart/basis of the international legal system. To accept international law as law signifies its rules as real and binding with rights and obligations. To do otherwise is to deny its validity, asserting consent instead as the pedestal; and a very shaky one at that, on which it stands.
This piece seeks to analyze both sides of the coin, highlight salient features and determine international law qua law.
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Papers by Precious Ibanitoru
The legal fallout therefore is that if a low-carbon energy transition is so integral to the current success of global climate change efforts, have the climate regimes both past and present, addressed this adequately?
This work seeks to contribute to existing academic discourse by analysing the principle as it relates to climate change governance with emphasis on the UNFCCC, Kyoto Protocol and the Paris Agreement.
The foundational premise of this essay is, with the grave consequences of climate change and the inadequacy of states’ collective action, ICCL must increasingly be framed in terms of the Polluter Pay Principle as its operationalization in the Paris Agreement could lead to enhanced burden sharing in Mitigation and Climate Finance efforts between Historical Emitters and Emergent Emitters potentially resulting in significant climate saving changes.
Beginning with a critique of the definition of the Polluter Pays Principle, the essay considers the historical evolution of the PPP’s expression in International law. ICCL as a discipline is then examined, and the relationship of its core norms to the PPP is explored. It progresses to consider the operationalisation of the PPP in the ICCCL, and identify challenges facing increased operationalisation of the PPP in the ICCL.
Regardless of these contradictions and the desire of regulators to create an enabling environment for investors in renewable energy schemes, public engagement is not just good practice but, in many cases, obligatory. However, excluding vociferous opposition by locals, it is doubtful if the mode of its execution significantly impacts on the success of a Renewable Energy Scheme (RES) as other strategic factors are more influential.
accordance with the Marriage Act 1914. Although the dissolution of marriage which is defined
as the legal separation of man and wife effected by the judgment or decree of a court, and either
totally dissolving the marriage or suspending its effect so far as it concerns the cohabitation of
the parties is not the original intendment of the Act, it is inevitably provided in situations where
the marriage has broken down irretrievably. This has invariably led to a host of intractable
problems; both legal and otherwise faced by both parties to the petition, their progeny and the
society.
Consequently, this study shall attempt to analyze the grounds for the dissolution of statutory
marriage in Nigeria, problems it creates and the prospects for its solution.
However, one of the fall-outs of this development is the skyrocketing costs of renting, leasing and purchasing landed properties in different locations around the state. Constitutionally, tenancy and land matters fall within the residual list and are legislated by the State House of Assembly. Thus, the operative law with regards to Tenancy in Lagos is the Tenancy Law of Lagos State 2011.
However as regards sale of land and the attendant hurdles facing multitudes of investors in Lagos, the possibility of buying and developing land genuinely free from all encumbrance is almost akin to the proverbial golden fleece. This is attributable to the nefarious practices of “omonile”, land grabbers and unscrupulous family members who sell and resell land without authorization and levy a plethora of fees intended to frustrate purchasers whilst enriching
themselves. The Property Protection Law 2016 was consequently enacted to stem this tide amongst other things but its introduction also has far reaching significance for professionals such as Lawyers, Estate Agents and Law enforcement Agents.
Drafts by Precious Ibanitoru
The cost intensive nature of oil and gas operations require parties to contribute substantially, not only at the exploration, appraisal and development stage but also during the decommissioning stage, default by any of the parties may lead to unplanned expenses by Non Defaulting parties (NDP), delays and even abandonment of the venture. With regulatory changes and entry of smaller companies in mature oil and gas zones such as the UKCS, the risk of default increases significantly. It is against this backdrop that this article considers enforceability of default provisions in JOAs with special emphasis on forfeiture within the UKCS.
Section 1 will discuss the different types of default provisions and procedure available in the Oil and Gas United Kingdom (OGUK) JOA while Section 2 considers the general rule on forfeiture, and examining likely pitfalls such as the Penalty rule, Anti-deprivation principles, relief from forfeiture and their implications for enforceability of default provisions.
ABSTRACT
The above topic has frequently dominated the discourse of many political scientists and jurists, each with conflicting views. It is an issue which strikes at the very heart/basis of the international legal system. To accept international law as law signifies its rules as real and binding with rights and obligations. To do otherwise is to deny its validity, asserting consent instead as the pedestal; and a very shaky one at that, on which it stands.
This piece seeks to analyze both sides of the coin, highlight salient features and determine international law qua law.
The legal fallout therefore is that if a low-carbon energy transition is so integral to the current success of global climate change efforts, have the climate regimes both past and present, addressed this adequately?
This work seeks to contribute to existing academic discourse by analysing the principle as it relates to climate change governance with emphasis on the UNFCCC, Kyoto Protocol and the Paris Agreement.
The foundational premise of this essay is, with the grave consequences of climate change and the inadequacy of states’ collective action, ICCL must increasingly be framed in terms of the Polluter Pay Principle as its operationalization in the Paris Agreement could lead to enhanced burden sharing in Mitigation and Climate Finance efforts between Historical Emitters and Emergent Emitters potentially resulting in significant climate saving changes.
Beginning with a critique of the definition of the Polluter Pays Principle, the essay considers the historical evolution of the PPP’s expression in International law. ICCL as a discipline is then examined, and the relationship of its core norms to the PPP is explored. It progresses to consider the operationalisation of the PPP in the ICCCL, and identify challenges facing increased operationalisation of the PPP in the ICCL.
Regardless of these contradictions and the desire of regulators to create an enabling environment for investors in renewable energy schemes, public engagement is not just good practice but, in many cases, obligatory. However, excluding vociferous opposition by locals, it is doubtful if the mode of its execution significantly impacts on the success of a Renewable Energy Scheme (RES) as other strategic factors are more influential.
accordance with the Marriage Act 1914. Although the dissolution of marriage which is defined
as the legal separation of man and wife effected by the judgment or decree of a court, and either
totally dissolving the marriage or suspending its effect so far as it concerns the cohabitation of
the parties is not the original intendment of the Act, it is inevitably provided in situations where
the marriage has broken down irretrievably. This has invariably led to a host of intractable
problems; both legal and otherwise faced by both parties to the petition, their progeny and the
society.
Consequently, this study shall attempt to analyze the grounds for the dissolution of statutory
marriage in Nigeria, problems it creates and the prospects for its solution.
However, one of the fall-outs of this development is the skyrocketing costs of renting, leasing and purchasing landed properties in different locations around the state. Constitutionally, tenancy and land matters fall within the residual list and are legislated by the State House of Assembly. Thus, the operative law with regards to Tenancy in Lagos is the Tenancy Law of Lagos State 2011.
However as regards sale of land and the attendant hurdles facing multitudes of investors in Lagos, the possibility of buying and developing land genuinely free from all encumbrance is almost akin to the proverbial golden fleece. This is attributable to the nefarious practices of “omonile”, land grabbers and unscrupulous family members who sell and resell land without authorization and levy a plethora of fees intended to frustrate purchasers whilst enriching
themselves. The Property Protection Law 2016 was consequently enacted to stem this tide amongst other things but its introduction also has far reaching significance for professionals such as Lawyers, Estate Agents and Law enforcement Agents.
The cost intensive nature of oil and gas operations require parties to contribute substantially, not only at the exploration, appraisal and development stage but also during the decommissioning stage, default by any of the parties may lead to unplanned expenses by Non Defaulting parties (NDP), delays and even abandonment of the venture. With regulatory changes and entry of smaller companies in mature oil and gas zones such as the UKCS, the risk of default increases significantly. It is against this backdrop that this article considers enforceability of default provisions in JOAs with special emphasis on forfeiture within the UKCS.
Section 1 will discuss the different types of default provisions and procedure available in the Oil and Gas United Kingdom (OGUK) JOA while Section 2 considers the general rule on forfeiture, and examining likely pitfalls such as the Penalty rule, Anti-deprivation principles, relief from forfeiture and their implications for enforceability of default provisions.
ABSTRACT
The above topic has frequently dominated the discourse of many political scientists and jurists, each with conflicting views. It is an issue which strikes at the very heart/basis of the international legal system. To accept international law as law signifies its rules as real and binding with rights and obligations. To do otherwise is to deny its validity, asserting consent instead as the pedestal; and a very shaky one at that, on which it stands.
This piece seeks to analyze both sides of the coin, highlight salient features and determine international law qua law.