abusesaffiliationarrow-downarrow-leftarrow-rightarrow-upattack-typeburgerchevron-downchevron-leftchevron-rightchevron-upClock iconclosedeletedevelopment-povertydiscriminationdollardownloademailenvironmentexternal-linkfacebookfiltergenderglobegroupshealthC4067174-3DD9-4B9E-AD64-284FDAAE6338@1xinformation-outlineinformationinstagraminvestment-trade-globalisationissueslabourlanguagesShapeCombined Shapeline, chart, up, arrow, graphLinkedInlocationmap-pinminusnewsorganisationotheroverviewpluspreviewArtboard 185profilerefreshIconnewssearchsecurityPathStock downStock steadyStock uptagticktooltiptwitteruniversalityweb
Article

28 May 2013

Author:
Felix Ayanruoh, Vanguard (Nigeria)

How PIB will impact US Alien Tort Claims Act [Nigeria]

In the past two decades, plaintiffs’ lawyers have used the Alien Tort Claims Act (ATCA), to file lawsuits against multinational oil and gas corporations among other, alleging serious human rights abuses including environmental degradation...[However the] Kiobel decision has put a stop to ATCA actions by parties alleging human rights abuse in foreign countries such as Nigeria...In a nutshell, the draft Petroleum Industry Bill (PIB)...contains provisions that will address allegations raised in Kiobel...Specifically...no person shall injure or destroy a tree which is of commercial value, or the object of veneration to the people resident in the area of the lease or license. If they do so...they are required to pay fair compensation to those directly affected...Even without the salutary lessons of several industry reforms, it is self-evident that the PIB however detailed, well intentioned or structured can effectively address the issues raised in Kiobel...[if] implemented fairly, transparently, and in the national interest. [refers to Shell]