AN OVERVIEW OF THE INTERNATIONAL LEGAL APPROACH TO

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AN OVERVIEW OF THE INTERNATIONAL LEGAL APPROACH TO GAS

FLARE REDUCTION

Obianuju C. Agu

Chinwe Francisca Ude

Abstract

Nigeria is a developing country and one of the largest gas flaring countries in the world. Over

the years, the country has been gravely affected by the adverse effects of gas flaring. Flaring of

associated gas has global environmental, economic, social and health implications. This

realization, has led to a global reaction to reduce gas flaring volumes. The International

community has sought to address the impact of gas flaring through some conventions and

policies with the belief that this would reduce gas flaring. Despite being signatory to various

international conventions and treaties with the aim of ameliorating the deficiencies in its

environmental governance and energy sector, it is discouraging to know that gas is still being

flared on a daily basis in Nigeria. This paper examines the international regimes on the

reduction of gas flaring, the measures taken at the international level to mitigate the incidences

of gas flaring and its attendant effects on our environment. It reviews the existing legal

framework and policy direction in this regard and makes recommendations for improved and

sustained gas utilization for electricity generation, industrial and domestic utilization of gas.

Keywords: gas flaring, environment, oil and gas exploration and production, energy.

1. Introduction

Throughout the ages, human societies have altered the ecosystem and modified the climate of the

areas they have inhabited by their various activities. The increase in population in all the

continents in the world has also had its global impact in nature. Human activities in agriculture

and industry have led to high emissions of polyatomic molecules in the atmosphere and have

adversely affected the earth’s climate which is now an issue of great international concern.

The

oil and gas sector through its activities contributes to the environmental hazards hence the global

attention accorded to environmental protection in the world. These environmental hazards may

be in the form of greenhouse gases, poisonous and carcinogenic chemicals produced as a result

of gas flaring and other activities in the sector. These chemicals bring about destruction of the

fauna, flora, clean water, soil and the environment generally through oil spills and other oil

drilling activities amongst others.

A major problem with oil and gas activities is the inability of governments and their regulatory

agencies to control and prevent environmental pollutions and other associated problems. Gas

LL.B, LL.M, B.L; Lecturer and PhD Scholar, Faculty of Law, Nnamdi Azikiwe University Awka,

uju.agubosim@gmail.com

LL.B, LL.M, B.L, Lecturer at Faculty of Law, Nnamdi Azikiwe University Awka. agaziechinwe@gmail.com

Okukpon, I. (2010). Phasing-Out Gas Flaring In Nigeria: A Critical Assessment of the Regulatory

Regime (Doctoral dissertation, University of Cape Town).

Ezeibe, K. K. (2011). The Legislative and Institutional Framework of Environmental Protection in the Oil and Gas

Sector in Nigeria–A Review. Nnamdi Azikiwe University Journal of International Law and Jurisprudence, 2.

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flaring is one of the top environmental issues facing the world and has persisted for decades

.The

potential impact of gas flaring on the environment has been recognized by the international

community at large and certain international regimes put in place with the belief that the

enactment of environmental and conservation laws together with independent enforcement

framework will impact positively in changing the attitude of stakeholders towards environmental

protection and reduction in gas flaring.

Thus, the major focus of this brief paper would be on the

international legal approach to gas flare reduction and its effect to Nigeria as a country.

2. The concept of gas flaring and its impact on the environment

Gas flaring is the burning of natural gas that is associated with crude oil when it is pumped up

from the ground. In petroleum-producing areas if insufficient investment was made in

infrastructure to utilize natural gas, flaring is employed to dispose of this associated gas.

The gas

is burned off because it is perceived as a by-product of the process of oil exploration and

development. The commonly stated alternatives to gas flaring include: gathering and processing

it for use, stock-piling or storing the gas until it can be sold off where transport networks and a

viable market is available, re-inject it into the subsoil to sustain the pressure level of the oil

reservoirs during production and lastly, gas can be utilized for powering micro-turbine generators

for electricity production in an oil field.

1.1 Reasons for gas flaring

Gas flaring is the controlled burning off of natural gas from an oil or gas well and this is done

for a variety of reasons. Firstly, when a well is drilled, a temporary flare can be used for well

production testing to determine pressure, flow and composition of the gas from the well. Again,

flaring can be used as a safety mechanism in emergency situations to quickly lower pressure.

Most companies who do so employ flaring because they lack the infrastructure (i.e., pipelines

and processing plants) and the financial incentive to capture the natural gas. Oil wells may have

the lower market value if gas is flared off rather than capturing when the infrastructure is not

available to capture.

2.2 Impact of gas flaring on human lives

a) Health implications

The implications of gas flaring on human health are all related to human exposure to those

hazardous air pollutants emitted during incomplete combustion of gas flare. These pollutants are

associated with a variety of adverse health impacts including cancer, neurological, reproductive

and developmental effects. Deformities in children, lung damage and skin problems have also

been reported.

Hydrocarbon compounds are known to cause some adverse changes in

http://www.academia.edu/3615407/GAS_FLARING_REGULATION_IN_THE_OIL_AND_GAS_INDUSTRY_A

_Comparative_Analysis_of_Nigeria_and_Texas_Regulations (accessed 10th February,2020)

ibid

Oyewunmi, O. A., & Oyewunmi, A. E. (2016). Managing gas flaring and allied issues in the oil and gas industry:

Reflections on Nigeria. Mediterranean Journal of Social Sciences, 7(4), 643

Ibid.

Ovuakporaye, S. I., Aloamaka, C. P., Ojieh, A. E., Ejebe, D. E. and Mordi, J. C,. ‘Effects of gas flaring on lung

function among residents of ib Gas flaring community in Delta State, Nigeria,’ Res. J. Env. Earth Sci. 4(5). 525-

528. 2012.

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hematological parameters. These changes affect blood and blood-forming cells negatively and

could give rise to anemia, pancytopenia and leukemia.

b) Environmental implications

i. Climate change

Gas flaring and venting contribute to climate change, which has serious implications for both

Nigeria and the rest of the world. The burning of fossil fuel, mainly coal, oil and gas, emit

greenhouse gases which have dissipated the earth’s ozone layer leading to warming up of the

world. This global warming is projected to get worse during the course of the 21

century

according to the inter-governmental panel on climate change. The impact will be particularly

severe for developing countries and Africa as a continent is regarded as highly vulnerable with

limited ability to adapt.

ii. Acid rain

Acid rains have been linked to the activities of gas flaring. Corrugated roofs in the Delta region

have been corroded by the composition of the rain that falls as a result of flaring. The primary

causes of acid rain are emissions of sulphur-dioxide and nitrogen-oxide which combine with

atmospheric moisture to form sulfuric acid and nitric acid respectively. Acid rain acidifies lakes

and streams and damages vegetation. In addition, acid rain acceleratesthe decay of building

materials, paints and also contributes to health decline.

iii. Agriculture

The flares associated with gas flaring give rise to atmospheric contaminants. These include

oxides of nitrogen, carbon and culphur, particulate matter, hydrocarbons and ash, photochemical

oxidants, and hydrogen-sulphide. These contaminants acidify the soil, hence depleting soil

nutrients. The effects of change in temperature on crops include stunted growth, scorched plants

and withered young crops.

c) Economic implications

Aside from the health and environmental consequences of gas flaring, the nation also loses

billions of dollars-worth of gas which is literally burnt off daily in the atmosphere. Much of this

can be converted for domestic use and for electricity generation. By so doing the level of

electricity generation in the country could be raised to meet national demand. Nigeria has

recorded huge revenue losses due to gas flaring and oil spillage.

3. The International Regime on Gas Flare Reduction.

It has been argued that developing countries tend to deliberately relax their environmental

regulations due to investment drive. The impact of inadequate regulation or governance on the

environmental effects of exploration and exploitation activities in the energy sector outweighs

Ajugwo, A. O. (2013). Negative effects of gas flaring: The Nigerian experience. Journal of Environment Pollution

and Human Health, 1(1), 6-8.

Alawode, A.J. & Omisakin, O.A. (2011). Monetizing Natural Gas Reserves: Global Trend Nigeria’s Achievements

and Future Possibilities. The Pacific Journal of Science and Technology 12 (1), 138-151.

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the attraction - the notion that global environmentalism is part of the larger picture of

globalism.

The international community has sought to address the impact of gas flaring through some

conventions and policies with the belief that this would reduce gas flaring.

Nigeria, a

developing country, is one of the largest gas flaring countries in the world and has subscribed to

these international environmental instruments (conventions and policies) with the sole aim of

ameliorating the deficiencies in its environmental governance as well as the energy sector.

The international environmental regimes on gas flaring is identified and discussed below are the

United Nations Framework Convention on Climatic Change (UNFCCC), the Kyoto Protocol and

the Global Gas Flaring Reduction (GGFR).

3.1 The United Nations Framework Convention on Climatic Change (UNFCCC)

The United Nations Framework Convention on Climate Change (UNFCCC) which was signed in

1992 at the United Nations Conference on Environment and Development constitutes the

foundational climate agreement that has provided the platform for most subsequent international

climate agreements. The objective of the treaty is to stabilize Green House Gas

(GHG) concentrations in the atmosphere at a level that would prevent

dangerous anthropogenic interference with the climate system.

The Convention on Climate Change sets an overall framework for inter-governmental efforts to

tackle the challenges posed by climate change.

It recognizes that the climate system is a shared

resource whose stability can be affected by industrial and other emissions of carbon-dioxide and

other green-house gases.

The Convention enjoys near universal membership. Under

the Convention, governments gather and share information on greenhouse gas emissions,

national policies and best practices, launch national strategies for addressing greenhouse gas

emissions and adapting to expected impacts, including the provision of financial and

technological support to developing countries and co-operate in preparing for adaptation to the

impacts of climate change.

The treaty itself sets no binding limits on greenhouse gas emissions for individual countries and

contains no enforcement mechanisms. In that sense, the treaty is considered legally non-binding.

Instead, the treaty provides a framework for negotiating specific international treaties that may

set binding limits on greenhouse gases.

The Convention entered into force on 21 March 1994.

Oke, Y. (2013, October). International Climate Law and Mining Regulation–Perspectives from Developing

Countries. In Climate Change: International Law and Global Governance (pp. 899-932). Nomos

Verlagsgesellschaft mbH & Co. KG.

Stein, R. (2001). Jan Glazewski Environmental Law in South Africa. SOUTH AFRICAN JOURNAL ON HUMAN

RIGHTS, 17(2), 289-290.

Malumfashi, G. I. (2007). Phase-out of gas flaring in Nigeria by 2008: The prospects of a multi-win project. Centre

for Energy Petroleum and Mineral Law and Policy (CEPMLP), University of Dundee, Scotland, United Kingdom.

Halvorssen, A. M. (2007). UNFCCC, the Kyoto protocol, and the WTO-brewing conflicts or are they mutually

supportive. Denv. J. Int'l L. & Pol'y, 36, 369.

http://unfccc.int/essential_background/convention/items/2627.php (accessed on 10

February 2020).

Schipper, E. L. F. (2006). Conceptual history of adaptation in the UNFCCC process. Review of European

Community & International Environmental Law, 15(1), 82-92.

UNFCC STATUS ON RATIFICATION available at https://unfccc.int/process-and-meetings/the-

convention/status-of-ratification/status-of-ratification-of-the-convention (accessed 12th March 2020)

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Parties to the Convention continue to meet regularly to take stock of progress in implementing

their obligations under the treaty, and to consider further actions to address the climate change

threat.

Some of the amendments that have been made to the convention since the convention

came into force include:

i. Bali Action Plan (BAP)

The thirteenth session of the Conference of the Parties in Bali, December 2007 adopted the Bali

Action Plan, a two-year process designed to finalize a binding agreement in Copenhagen in 2009.

The Bali Action Plan identifies five key building blocks required for a strengthened future

response to climate change and to enable the full, effective and sustained implementation of the

convention.

ii. National Adaptation Programmes of Action (NAPAs)

In 2001, the seventh Conference of Parties of the UNFCCC recognized that developing countries

needed assistance in developing plans to address the adverse effects of climate change

. In

particular, the Conference of the Parties (COP) decided that the Least Developed Countries

(LDCs) should be assisted in preparing National Adaptation Programs of Action to address

urgent and immediate needs and concerns related to adaptation to the adverse effects of climate

change. ‘NAPA’ should be considered as a process and not as a single document. It is a means

for LDCs to communicate and disseminate their proposed programmes to address their

adaptation needs.

iii. Nairobi Work Programme

The Nairobi Work Programme (NWP) strives to assist all parties, in particular developing

countries, including the least developed countries and small island developing states, to improve

their understanding and assessment of impacts, vulnerability and adaptation, and to make

informed decisions on practical adaptation actions and measures to respond to climate change on

a sound, scientific, technical and socioeconomic basis, taking into account current and future

climate change and variability.

iv. Kyoto Protocol

The Kyoto Protocol was signed in 1997 as a protocol to the UNFCCC and entered into force on

February 14, 2005.

The Kyoto Protocol is an international agreement linked to the United

Nations Framework Convention on Climate Change, which commits its parties by setting

http://www.iisd.ca/process/climate_atm-fcccintro.htm (accessed 10th February, 2020)

Report of the Conference of the Parties on its thirteenth session, held in Bali from 3 to 15 December 2007

available at: https://unfccc.int/resource/docs/2007/cop13/eng/06a01.pdf (accessed on 10th March, 2020).The key

building blocks are shared vision, mitigation, adaptation, technology and financial resources.

Huq, N., & Hugé, J. (2010). National Adaptation Programme of Action (NAPA)–An Assessment of Workers’

Rights. Seminary “climate change, impacts on employment and the labour market–responses to the challenges”.

Bali Road Map. A united nationa publication on climate change available At: https : //unfccc.int

/resource/docs/2007/cop13/eng/06a01.pdf (accessed 13

March 2020)

Nairobi work programme on impacts, vulnerability and adaptation to climate change available

at:https://unfccc.int/topics/adaptation-and-resilience/workstreams/nairobi-work-programme-on-impacts-

vulnerability-and-adaptation-to-climate-change?p=333:104:3842292106596741::::P104_FID:179 (accessed 13

March 2020)

Text of the Kyoto protocol to the united nations framework convention on climate change available at:

http://unfccc.int/kyoto_protocol/items/2830.php (accessed 10th February, 2020)

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internationally binding emission reduction target based on the premise that (a) global

warming exists and (b) man-made carbon emissions have caused it.

The protocol derives its

sustenance from Article 2 of the UNFCCC which states that the ultimate objective of the

protocol is to stabilize the concentration of greenhouse gases in the atmosphere "at a level that

would prevent dangerous anthropogenic (i.e., human) interference with the climate system."

Recognizing that developed countries are principally responsible for the current high levels of

GHG emissions in the atmosphere as a result of more than 150 years of industrial activity, the

protocol places a heavier burden on developed nations under the principle of common but

differentiated responsibilities.

Nigeria became a signatory to the Kyoto Protocol on the 23

of October 1998, and ratified the

Kyoto Protocol in 30

of September 2004. Nigeria, as a non-Annex I country, has the possibility

and the potentials to benefit from the market-based mechanism created by the protocol. Nigeria

has indeed collaborated with the United Nations Industrial Development Organization (UNIDO)

and CDM Secretariat in accessing some projects targeted at reducing gas flaring such as the West

African Gas Pipeline project and other gas utilization projects.

One important element of the Kyoto Protocol is its flexibility mechanisms that enable nations to

achieve their emission target by means other than reducing their domestic emission of

greenhouse gases. Such mechanisms are the Clean Development, Joint Implementation, and

Emission Trading Mechanisms.

International Emissions Trading: Under article 17 of the Kyoto Protocol, countries with

commitments under the protocol can acquire emission units from other countries with

commitments under the protocol and use them towards meeting a part of their targets. An

international transaction log and a software-based accounting system ensure secure transfer of

emission reduction units between countries.

Joint Implementation (JI): Through the JI mechanism, a country with an emission reduction

limitation commitment under the protocol may take part in an emission reduction or removal

project in any other country with a commitment under the protocol, and count the resulting

emission units towards meeting its Kyoto targets. This is provided for under article 6 of the

Kyoto protocol.

Under this mechanism, there are two tracks by which projects can apply for

approval: party-verification and international independent body verification. The mechanism is

overseen by the JI Supervisory Committee that answers ultimately to the countries that have

ratified the protocol.

Clean Development Mechanism (CDM): The CDM is not defined in the protocol. However, its

purpose is to: “assist parties not included in Annex I in achieving sustainable development and in

Kyoto Protocol to the United Nations Framework Convention on Climate Change, 31 ILM 849 (1992)

Article 2 of the UNFCCC

http://unfccc.int/kyoto_protocol/items/2830.php (accessed 10th February, 2020)

http://law.ucalgary.ca/files/law/2014-olayinka_legal-and-institutional-imperatives-for-designing-a-regional-

emissions-trading-scheme.pdf (accessed 10th February,2020)

http://unfccc.int/resource/docs/publications/mechanisms.pdf (accessed 12th March, 2020)

ibid

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contributing to the ultimate objective of the convention, and to assist parties included in Annex I

in achieving compliance with their quantified emission limitation and reduction commitments

under Article 3

. As provided by article 12 of the protocol, CDM allows emission reduction or

removal projects in developing countries to earn certified emission reduction credits (CER), each

equivalent to one ton of carbon and these certified emission credits can be traded and also used

by industrialized countries to meet a part of their emission reduction targets.

This mechanism

stimulates sustainable development and emission reductions while giving industrialized countries

some flexibility in how they meet their emission reduction limitation targets. The mechanism is

overseen by the CDM Executive Board.

Nigeria is one of the beneficiaries of this scheme.

3.1 Global Gas Flaring Reduction (GFFR)

The Global Gas Flaring Reduction Partnership (GGFR), a public-private initiative comprising

international and national oil companies, national and regional governments, and international

institutions.

GGFR works to increase use of natural gas associated with oil production by

helping remove technical and regulatory barriers to flaring reduction, conducting research,

disseminating best practices, and developing country-specific gas flaring reduction

programs.

The World Bank Group, in collaboration with the government of Norway initiated

this global public–private partnership to facilitate gas flaring reduction with a view to reducing

air pollution, save energy and money, and reduce associated poverty. Ending poverty and

boosting shared prosperity is also an integral part of GGFR’s strategy.

Another initiative introduced by the World Bank was officially launched in 2015 by the United

Nations, the World Bank, a coalition of governments, oil companies and development

institutions known as the Zero Routine Flaring by 2030.

This Zero Routine Flaring by 2030

initiative introduced by the World Bank brings together governments, oil companies, and

development institutions who recognize the flaring situation described above is unsustainable

from a resource management and environmental perspective, and who agree to cooperate to

eliminate routine flaring no later than 2030.

The initiative pertains to routine flaring and not to

flaring for safety reasons or non-routine flaring, which nevertheless should be minimized.

Routine flaring of gas is flaring during normal oil production operations in the absence of

sufficient facilities or amenable geology to re-inject the produced gas, utilize it on-site, or

dispatch it to a market. Venting is not an acceptable substitute for flaring.

Article 12.2 of the Kyoto protocol available at http://unfccc.int/resource/docs/convkp/kpeng.pdf [Accessed 12

February 2020]

Article 12.3(b)of the Kyoto protocol available at http://unfccc.int/resource/docs/convkp/kpeng.pdf [Accessed 12

February 2020]

Ibid

Article 12.5(b) (c) of the Kyoto protocol available at http://unfccc.int/resource/docs/convkp/kpeng.pdf [Accessed

12 February 2020]

Gbite Adeniji, “Approaches to Gas Flare Reduction in Nigeria,” Paper presented at GGFR Global Forum, London,

(25, February 2020).

http://www.worldbank.org/en/programs/gasflaringreduction (accessed 10th March,2020)

ibid

Cutler, J., Hamso, B., & Sucre, F. ‘Zero Routine Flaring by 2030’: a new global industry standard. The APPEA

Journal, 58(2), 533-537.

Zero routine flaring by 2030, a publication of the world bank group. Available at:

http://www.worldbank.org/en/programs/zero-routine-flaring-by-2030 (accessed 10th March, 2020)

Ibid

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Governments that endorse the initiative will provide a legal, regulatory, investment, and

operating environment that is conducive to upstream investments and to the development of

viable markets for utilization of the gas and the infrastructure necessary to deliver the gas to

these markets. This will provide companies the confidence and incentive to invest in flare

elimination solutions. Governments will require, and stipulate in their new prospect offers, that

field development plans for new oil fields incorporate sustainable utilization or conservation of

the field’s associated gas without routine flaring. Furthermore, governments will make every

effort to ensure that routine flaring at existing oil fields ends as soon as possible, and no later

than 2030.

Oil companies that endorse the initiative will develop new oil fields they operate according to

plans that incorporate sustainable utilization or conservation of the field’s associated gas without

routine flaring. Oil companies with routine flaring at existing oil fields they operate will seek to

implement economically viable solutions to eliminate this legacy flaring as soon as possible, and

no later than 2030.

Development institutions that endorse the Initiative will facilitate cooperation and

implementation, and consider the use of financial instruments and other measures, particularly in

their client countries. They will endeavor to do so also in client countries that have not endorsed

the Initiative.

Governments and oil companies that endorse the Initiative will publicly report

their flaring and progress towards the initiative on an annual basis. They also agree to the World

Bank aggregating and reporting the same.

4. Impact of the International Regimes on Nigeria

Nigeria is a signatory to numerous international instruments dealing with the environment. At the

national level, a significant legislative effort has been made by the Nigerian Government to

combat the menace of gas flaring in the provisions incorporated into the Petroleum Industry Bill,

2012. This bill seeks to consolidate all the existing oil and gas laws in the country into one piece

of legislation. The fundamental objectives of the bill included amongst others, the prudent

management and allocation of petroleum resources and their derivatives in accordance with the

principles of good governance, transparency and the sustainable development of Nigeria.

The bill provides that natural gas shall not be flared or vented in any oil and gas production

operation, block or field after the flare-out date to be prescribed by the Minister in regulations to

be made pursuant to the Act.

The bill further provides that any licensee or lessee who flares or

vents gas without a permit from the Minister shall pay a fine, which shall not be less than the

value of the gas flared.

The bill prohibits the issuance of a license or lease for the production of

ibid

Aniche, E.T. International Oil Corporations (IOCs), Associated Gas Utilization Technologies and Gas Flare

Elimination Strategies: Implication for Zero-Gas Flaring Regime in Nigeria. Journal of Asian and African Social

Science and Humanities, 1(1): 48-64, 2015

ibid

See section 8 – 9 of the petroleum industry bill 2012

See s.275

See s.277(3).

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oil and gas to any applicant without an acceptable comprehensive program for the utilization or

reinjection of natural gas.

It mandates all operators to install metering equipment within three

months of the Act coming into force to measure the volume of gas flared,

makes gas flaring

without a permit a criminal offence

and mandates any person, group of persons or community

to lodge a documented report of gas flaring or venting with the nearest office of the

Inspectorate.

The Nigerian Government on its part attempted to address the challenges posed by gas flaring by

drew up a Climatic Change Commission Bill in 2011 which was aimed at institutionalizing

climatic change governance in Nigeria, this was done in addition to the national policy frame

work on climatic change which was already in existence.

To the best of our knowledge this bill

was never passed into law though it can still be counted as one of the steps taken by the National

Assembly to deal with the problem of climatic change which poses grave danger to Nigeria.

Under the Kyoto protocol, the Clean Development Mechanism (CDM) holds the most potential

for the African nations especially Nigeria. In this regime, the prime purpose of the CDM is to

encourage the flow of capital from developed to developing countries and Nigeria can benefit

from all these if it takes due advantage of this mechanisms.

The few CDM projects in place

have been creating jobs to the people from the hosting communities and other Nigerians at large.

This job creation has reduced rate of restiveness by the Nigerian youths who were offered job via

CDM projects. The total amount of CERs generated when sold can generate huge amounts of

money for the Nigerian government to offset its debts and provide some infrastructural facilities

to the citizens.

The CDM projects implementation has reduced the cost of maintaining and cleaning the Nigerian

environment (post remediation clean-up of oil spill and vented gas) by the government. For

example, the municipal solid waste facility in Lagos state can compost the generated solid wastes

into fertilizer thereby preventing the venting of methane gas. The CDM is reducing the amount of

gas flared in Nigeria by capturing and reusing the natural gas that would otherwise be flared.

Some of the projects like the ‘Afam Gas Turbine’, a natural gas-based power project of Tower

Power Utility Limited (TPUL) can supply gas to generate electricity which is dispatched to the

national electricity grid or consumed locally. This is a boost to solving electricity problem in

Nigeria. The villagers who depend on woods as fuel source will limit the rate of cutting

down trees for energy.

The CDM has presented a potential opportunity for foreign investors to invest in Nigeria thereby

improving the Nigerian economy as a result of capital flow into the nation’s economy. This

mechanism can make Nigeria become a potential carbon trading market. Another benefit of

See s. 278.

See s.279.

See s.281.

See s.280(1)

https://unfccc.int/files/meetings/durban_nov_2011/statements/application/pdf/111207_cop17_hls_nigeria.pdf

(accessed 11th march, 2020)

Okafor, O. (2011). Environmental Laws and Factors Affecting Them in Nigeria: Case Study of Gas Flaring Laws

in Niger Delta.

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CDM in Nigeria is the opportunity for technology and knowledge transfer in the power, oil and

gas sector. This technology transfer is a window of opportunity for Nigeria to improve

technologically and develop its gas and power sector.

Finally, Nigeria as a member of the partnership in the Global Gas Reduction Initiative (GGFR)

has also benefitted from the implementation of demonstration projects for associated gas

utilization and also assistance rendered to seven countries which include Nigeria, Equatorial

Guinea, Cameron, Algeria, Kazakhstan and Qatar in meeting flaring out targets. The work in

Nigeria has specifically continued to focus on supporting the ongoing dialogue between the

Nigerian Government, the international oil companies and all other relevant stakeholders in

developing a feasible approach to flare reduction through the Nigerian Flare Reduction

Committee (NFRC).

5. Conclusion

The focus of this research work is on gas flaring and the international commitments made

towards the reduction of gas flaring. This paper has attempted to look at the various international

environmental regimes for gas flaring i.e The United Nations Convention on Climatic Change

(UNFCCC) as the Major Convention, the Kyoto Protocol which derives its sustenance from the

UNFCCC and the Global Gas Flaring Reduction Initiative (GGFR) of the World Bank that has

also given birth to the Zero Routine Flaring by 2030 initiative.

Furthermore, we have in examining these regimes tried to link it up with our own country

Nigeria by analyzing how this international legal regime has affected our country, especially the

Clean Development Mechanism under the Kyoto Protocol. In conclusion, despite all the

measures being put in place by the international community and notwithstanding the fact that

Nigeria is a party and signatory to most of these policies if not all, the truth remains that Nigeria

has not done much in terms of gas flaring as she is still the second largest gas flaring nation in

the world after Russia.

It is not enough for Nigeria to keep ratifying international agreements and policies, she has her

own role to play as a country. We therefore recommend that existing legislations on gas flaring

be revised and realistic sanctions should be placed on the multinational companies to further

deter them from flaring gas. Regulatory agencies should be set up or if they already exist be

resurrected and made more efficient. Nigeria ought to borrow a leaf from Canada who has

succeeded in reducing its gas flaring activities to the barest minimum.

Many of the Annex 1 countries have pledged to support Nigeria but have not done so. The

Nigerian government should not relent but maintain constant diplomacy to the United Nations

who would ensure that these pledges are fulfilled.

It is also suggested that the Gas Flaring Prohibition and Punishment Bill 2020, be signed into

law. This Bill will help Nigeria to reduce gas flaring in line with international best practices. It

will bring gas flare penalty in line with current economic realities; and ensure the achievement of

Otiotio, D. (2013). Gas Flaring Regulation in the Oil and Gas Industry: A Comparative Analysis of Nigeria and

Texas Regulations. GAS.

An Overview of the International Legal Approach to Gas Flare Reduction ~ O.C. Agu; C.F. Ude

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Nnamdi Azikiwe University Journal of Commercial and Property Law Vol. 7(1) 2020

the National Flare-out target of January 1, 2030 is achieved. The Bill which also seeks to

increase the gas flaring penalty to an appropriate and commensurate level sufficient to de-

incentivize the practice of gas flaring, whilst introducing other market measures to encourage

efficient gas utilization is what the country needs at this point to phase out the problem of gas

flaring.

To achieve the Zero Routine Flaring by 2030 initiative of the World Bank, it is recommended

that the president gives his assent to the National Climate Change Commission Bill. Nigeria can

learn from the progressive legislation of the other developing countries. Not having a climate law

pays lip service to the climate fight. Inability of the country to have a comprehensive legal and

institutional framework to address climate change is a hindrance to the efforts on reduction of

gas flaring.