Transboundary Petroleum Pollution and International Liability: Developing a Legal Framework for the Gulf of Guinea

📖 ABSTRACT/OVERVIEW

This study develops an original international legal framework for addressing transboundary petroleum pollution liability in the Gulf of Guinea, responding to the absence of a binding regional agreement covering cross-border oil spill damage and remediation obligations. The Gulf of Guinea is one of Africa's most petroleum-active maritime zones, with operations in Nigerian, Cameroonian, Equatoguinean, Gabonese, and Congolese waters creating significant risks of transboundary pollution events. The research employs a doctrinal and constructive legal methodology, combining critical analysis of UNCLOS Articles 192 to 235, the Abidjan Convention and its protocols, existing bilateral petroleum agreements among Gulf of Guinea states, and civil liability frameworks under the International Oil Pollution Compensation (IOPC) Funds. The study conducts simulation modelling of hypothetical transboundary spill scenarios to demonstrate liability gap scenarios under existing frameworks. Drawing on comparative analysis of the OSPAR Commission and Barcelona Convention models, the study constructs an original draft Gulf of Guinea Petroleum Pollution Liability Protocol covering liability triggers, damage valuation, compensation funds, and dispute settlement. This original legal framework contribution advances both international environmental law and Nigerian petroleum law scholarship. Keywords: transboundary pollution, Gulf of Guinea, international liability, petroleum law, Abidjan Convention.

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