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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Revisiting corporate violations of human rights in Nigeria's Niger Delta region: canvassing the potential role of the International Criminal Court
Author:Ezeudu, Martin-JoeISNI
Year:2011
Periodical:African Human Rights Law Journal (ISSN 1609-073X)
Volume:11
Issue:1
Pages:23-56
Language:English
Geographic term:Nigeria
Subjects:offences against human rights
oil companies
multinational enterprises
International Criminal Court
Abstract:There is no single international regime of human rights law directly applicable to, and governing, the operations of transnational corporations (TNCs). Focusing on Africa, particularly the oil-rich Niger Delta region of Nigeria, the article aims to engage in the evolving academic debate on the appropriate legal framework that may be deployed to ensure that TNCs are confined within a defined scope of international human rights obligations. It argues that an extension of the International Criminal Court's jurisdiction to TNCs is imperative. This would be a meaningful way of ensuring respect and compliance with human rights obligations by transnational corporations. Following the introduction, the author explores the activities of the oil-producing TNCs in Nigeria's Niger Delta region, bringing to the fore the way in which human rights are violated by non-State actors in this region. He then discusses how the current legal regime, national and international alike, has been inefficient and ineffective in checking human rights abuses by TNCs. He also highlights other factors peculiar to Third World countries, and Nigeria in particular, that may have contributed to uncontrollable human rights violations by corporations. Subsequently he canvasses the urgency of bringing TNCs within the arms of the International Criminal Court (ICC). He discusses the factors that make this initiative possible and appropriate at this time, and shows that much may not need to be changed or amended in the ICC's structure or framework to bring this into effect. Notes, ref., sum. [ASC Leiden abstract]
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