Formulating a Protocol for Decommissioning of Offshore Oil and Gas Installations in the Gulf of Guinea Region: A Comparative Study

Document Type : Original Article

Author

C/o Department of International and Comparative Law, Faculty of Law, University of Nigeria Enugu Campus.

Abstract

Oil and Gas exploration and exploitations have been ongoing for more than half a century in the Gulf of Guinea (GoG). However, recent discoveries of oil and gas deposits deep offshore along the coast of the GoG has increased exploration activities. Removal of offshore installation is a rigorous and complicated process which needs stringent regulations to ensure environmental protection of marine life and ensure safety of navigation at sea among other issues. Therefore, as these oil and gas installations approach the end of their productive life, removal of these installations from the marine environment becomes inevitable. Consequently, the need for the existence of a regional legal framework or policy to govern the removal process within the GoG becomes imperative. Using the doctrinal approach, the paper examines treaty provisions which are binding on individual member States, as well as their obligations under the GoG Commission in relation to the 1958 Geneva Convention on the Continental Shelf (GCS), the 1982 United Nations Convention on the Law of the Sea (UNCLOS), the 1972 London Dumping Convention, and the 1981 Abidjan Convention. The paper finds that the absence of a regional protocol or legal framework on removal of offshore installations creates chaos for the marine environment when removal issues arise in the future along the coast of the GoG. It concludes by making recommendations for a regional legal framework to ensure the smooth removal of installations in the future.

Keywords

Main Subjects


  1. Adedayo A M, 'Environmental Risks and Decommissioning of Offshore Oil Platforms in Nigeria', (2011), 1 NIALS Journal of Environmental Law 1, 9.
  2. Azaino E U, 'International Decommissioning Obligations: Are there Lessons Nigeria Can Acquire from the UK’s Legal and Regulatory Framework?', (2013), 16 CEPMLP Annual Review 1, 1-19.
  3. Cameron P, 'Tackling the Decommissioning Problem', (1999), 14 Journal of Natural Resources and Environment, 121
  4. Claisse J T and others, ‘'Impact from Partial Removal of Decommissioned Oil and Gas Platforms on Fish Biomass and Production on the Remaining Platform Structure and Surrounding Shell Mounds’', (2015), 10 PLoS ONE, 1
  5. Enemo I P and others, 'Proposing a Legal Framework for Decommissioning of Oil and Gas Installation in Nigeria', (2019), 45 Commonwealth Law Bulletin, 211
  6. Exchange of Greek and Turkish Populations (Advisory Opinion) [1925] C.I.J. (ser. B) No. 10
  7. Gilpin R, 'Enhancing Maritime Security in the Gulf of Guinea', (2007), 6 Strategic Insights, 1
  8. Hamza B A, 'International Rules on Decommissioning of Offshore Installations: Some Observations', (2003), 27 Marine Policy, 339
  9. Henrion M, Bernstein B B and Swamy S 'A Multi-Attribute Decision Analysis for Decommissioning of oil and Gas Platforms', (2015), 11 Integrated Environmental Assessment and Management, 594
  10. Igiehon M O and Park P, 'Evolution of International Law on Decommissioning of Oil and Gas Installations', (SPE/EPA/DOE Exploration and Production Environmental Conference, San Antonio, Texas, February 2001) <https://onepetro.org/SPEHSSE/proceedings-abstract/01EPEC/All-01EPEC/SPE-66555-MS/134671> May 15, 2022.
  11. Jacobsen K L and Nordby J R, Maritime Security in the Gulf of Guinea Report (Royal Danish Defence College Publishing House 2015)
  12. Komusiga J and Ole N C, 'Ugandan Legal Framework on Decommissioning Fund: Is There an Achilles Heel, and Can Lessons from the UK Help?', (2018), 16 Oil, Gas and Energy Law, 1
  13. Li J and others, 'Decommissioning in Petroleum Industry: Current Status, Future Trends and Policy Advices', (2019), 237 IOP Conference Series: Earth and Environmental Sciences, 1
  14. Lomonco N M, 'How to Finance Decommissioning in the Offshore Petroleum Industry’: The Role and Importance of Decommissioning Fund', (2013), 16 CEPMLP Annual Review, 6
  15. Oil and Gas UK, Decommissioning Insights 2018 (The UK Oil and Gas Industry Association Limited 2018)
  16. Ole N C, 'The Financial Securities for Decommissioning of Offshore Installations in Nigeria: A Review of the Legal and Contractual Regime', (2017), 15 Oil, Gas and Energy Law, 1
  17. Saeed A, 'Identify and Handle Safety Challenges during Decommissioning of Offshore Installations', (Msc Thesis, University of Stavanger 2016)
  18. Salawu D O, 'Bringing Down the House: Decommissioning Issues in Nigeria’s Upstream Oil and Gas Sector', (2014), 12 Oil, Gas & Energy Law, 13
  19. Songi O, 'Regime of Decommissioning Ghana's Offshore Hydrocarbon Facilities', (2014) 12 Oil, Gas & Energy Law, 8
  20. United Nations Development Program, Annual Report 2011 (United Nations Development Program 2012)