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Title: A legal analysis of the attractiveness and robustness of the Nigerian energy investment legal framework
Author: Nriezedi-Anejionu, Chinenyendo Judith
ISNI:       0000 0004 7972 537X
Awarding Body: University of Aberdeen
Current Institution: University of Aberdeen
Date of Award: 2019
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Inadequate power supply is a key challenge that Nigeria is struggling to overcome. The World Economic Forum ranks Nigeria among the worst energy performing countries in the world in terms of contribution to economic development, environmental sustainability, and energy access and security. Contributing to this challenge is the underdevelopment and underutilisation of Nigeria's abundant energy resources for electricity generation as a result of issues such as inadequate capital, lack of technical know-how, and inefficient reform structure. To develop the energy resources sector, Nigeria requires increased foreign investor participation. However, weaknesses of the existing legal framework in Nigeria relevant for energy investments undermine the country's efforts to increase FDI for energy development. This thesis contends that the Nigerian investment and energy legal frameworks are not sufficiently attractive for international energy investment and also not robust enough to minimise disputes and withstand challenges at international investment arbitrations. As a result, this thesis, using doctrinal and comparative legal research methodologies examined relevant Nigerian investment and energy legal frameworks to identify their weaknesses. Analyses conducted in this thesis revealed several weaknesses in the current investment law (NIPC Act) that undermine FDI activities. The Act is deficient and unattractive because it is too general and unsuitable for energy investments. It is also incomplete and not robust, in the sense that it cannot minimise disputes or withstand challenges typically expected from international energy investment disputes. Key provisions were not clearly provided; and some of the provisions are ambiguous. To improve Nigeria's investment legal outlook for energy projects, this thesis advocates for a legal reform, which could comprise of such viable options including the amendment of the NIPC Act; enactment of a standalone Energy Investment Law; drafting of a Model Bilateral Investment Treaty; or the use of a more comprehensive legal stability law for the energy sector.
Supervisor: Hunter, Tina. ; Alvarez, Gloria M. Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available
Keywords: Power resources ; Energy development ; Investments