This thesis explores the practicability of adopting legislative reforms as a solution to the problem of gas flaring in Nigeria. While the thesis does not anticipate solving the problem of gas flaring in Nigeria through legislative reforms in isolation, it argues that legislative reform is an important step that must be undertaken by the Nigerian government as the current statute governing gas flaring is inadequate, ineffective, and unconstitutional. While examining the practicability of legislative reform, this thesis considers whether Nigeria’s foreign investment laws, investment treaties and/or private contractual obligations would impede the enactment of new gas flaring legislation and if such legislation would impact on international oil and gas corporations (IOCs) engaged in oil production activities in Nigeria. In ascertaining the practicability of legislative reforms, it considers whether legislative reform would be considered expropriation of an IOC’s investment, or whether stabilization clauses in oil and gas contracts would impact the practicability of legislative reforms. The practicability of legislative reform is also considered from the perspective of whether the Nigerian government is currently demonstrating sufficient political commitment to taking steps to reduce gas flaring.
This thesis envisages legislative reforms which are twofold. First, it considers the need to enact new gas flaring legislation in Nigeria in order to address the shortcomings of the current gas flaring legislation. Second, the thesis considers the importance of incorporating some of the relevant international environmental standards on GHG emissions to which Nigeria is a party into domestic laws given the potential impact of gas flaring on climate change. The domestication of these standards will make some of Nigeria’s binding commitments in the standards that impact gas flaring enforceable in Nigeria. The new gas flaring legislation will also make reference to those international environmental standards on GHG emissions. In order to achieve these purposes, this thesis presents some of the insights proposed by Institutionalist Legislative Theory and Methodology (ILTAM) as a possible tool for designing the legislative reforms. The ILTAM offers a guide to lawmakers in structuring evidence-based legislation hinged on factual evidence and public reasoning with capacity for effective implementation
