Part I. Introductory Context and Principles: 1. Local Content and the Sustainable Development Nexus Damilola S. Olawuyi; 2. Defining the 'Local' in Local Content Requirements in the Oil and Gas Sector Chilenye Nwapi; 3. Local Content Measures and the WTO Regime: Addressing Contentions and Trade-Offs Mandy Meng Fang; 4. Local Content Requirements in Extractive Industries: A Human Rights Analysis Susan L. Karamanian; 5. Upgrade of Local Suppliers in the Global Production Network: The Success or Otherwise of Local Content Regimes Alexander Ezenagu and Chidiebere Eze-Ajoku; Part II. Case Studies: 6. Expressing Local Content through Black Economic Empowerment in the South African Petroleum Industry Hanri Mostert and Meyer van den Berg; 7. Local Content Frameworks for Petroleum Industry Operations in the CEMAC Region: An Evaluation of their Functionality, Sustainability and Normative Underpinnings George K. Ndi; 8. Local Content, AngolanizaçaÞo, and Sustainable Development in Angola Jesse Salah Ovadia; 9. Local Content and the Sustainable Development of Oil and Gas Resources in Nigeria Damilola S. Olawuyi and Ayobami J. Olaniyan; 10. Local Content Requirements and Treaty Implementation in Kenya's Petroleum Sector James O. Kirwa and Melba K. Wasunna; 11. Sustainability and Local Content Requirements in Australian Oil and Gas Development: Has the Ship of Opportunity Sailed? Tina Soliman Hunter; 12. Local Content for Sustainable Development in Middle East and North Africa: Current Legal Approaches and Future Directions Damilola S. Olawuyi; 13. Local Content and Sustainable Development in Norway Catherin Banet; 14. Local Content and Sustainable Development in Argentina Marcelo Neuman; 15. The Latin American Experience in Designing Local Content Policies in the Oil and Gas Sectors: Strengths, Limitations and Future Perspectives Amir Lebdioui; 16. Local Content and Sustainable Development in Brazil Eduardo G. Pereira, Rafael Baptista Baleroni, Fernanda Delgado, Jose Vicente Duncan de Miranda, Aaron Koenck, and Pedro Henrique Neves; 17. Industrial Policy and Local Content Rules in US Energy Policy Zachary Sturman and Timothy Meyer; 18. Oil and Gas Sector Local Content Decision Processes: Canadian Indigenous Participation Alastair R. Lucas and David K. Laidlaw; Part III. Lessons Learned and Future Directions: 19. Local Content, Community Content, and Sustainable Development in the Oil and Gas Industry: Perspectives from Legislation, Policy, and Community Development Agreements Ibironke T. Odumosu-Ayanu; 20. Local Content Requirements and Social Inclusion in Global Energy Markets: Towards Business and Human Rights Content Oyeniyi Abe and Ada Ordor; 21. Advancing Sustainable Development in Local Content Initiatives: Summary for Policy Makers Damilola S. Olawuyi; Index.
Examines critical links between local content requirements and the application of sustainable development treaties in global energy markets.
Damilola S. Olawuyi is an associate professor of petroleum, energy and environmental law at Hamad Bin Khalifa University (HBKU) College of Law, Doha, Qatar. He is also Chancellor's Fellow and Director of the Institute for Oil, Gas, Energy, Environment and Sustainable Development (OGEES Institute), Afe Babalola University, Ado Ekiti, Nigeria. He is an Independent Expert of the Working Group on Extractive Industries, Environment, and Human Rights Violations in Africa formed by the African Commission on Human and Peoples' Rights.
'A thorough analysis of local content. A go-to reference book.
Having a robust local content policy is one tool to avoid the
resource curse. But to succeed it must be carefully tailored to the
circumstances of the country and must gradually evolve as local
vendors, services, and employee capabilities are enhanced. 'Local'
content is necessarily just that-local, not truly national and
certainly not global, but this book, while covering the globe,
recognizes the need to tailor local content to local circumstances.
Every host government and investor can benefit from the many
wisdoms imparted in this book and from about the local-content
experiences of various countries.' Owen L. Anderson, Distinguished
Oil and Gas Scholar and Co-Academic Director, KBH Center for Energy
Law and Business, the University of Texas at Austin, and Eugene
Kuntz Chair in Oil, Gas and Natural Resources, Emeritus and George
Lynn Cross Research Professor Emeritus, The University of Oklahoma,
United States of America
'Damilola Olawuyi has brought together a group of leading energy
and natural resources law scholars to address the important subject
of local content requirements. These requirements are often
contentious, and the contributions in this book unravel the many
legal challenges that attend them. The contributors identify the
value of measures that increase the benefits that flow to a host
country or community from oil and gas operations, and, to a lesser
extent, renewable electricity. At the same time the contributors
explore the many difficulties. The book is a valuable contribution
to the scholarship of energy and natural resources law, and it will
be a key point of reference globally for researchers and policy
makers interested in the characteristics high-quality local content
requirements.' Barry Barton, Professor of Law and Director of the
Centre for Environmental, Resources and Energy Law at the
University of Waikato, Hamilton, New Zealand
'There is a growing body of literature on local content
requirements. No doubt because of the speed and importance of
various developments in this area. This book provides a detailed
and comprehensive account of local content policies and their
interaction with sustainable development trends in energy markets.
It provides an overview of the current state of play around the
world and discusses future developments in great detail. The book
is clearly essential reading for students in energy law, policy
makers and international energy law practitioners. More generally,
it should be read by those interested in direction of global energy
markets.' Kim Talus, McCulloch Chair in Energy Law and Director of
Tulane Center for Energy Law (Tulane University, United States);
Professor of European Economic and Energy Law, UEF Law School;
Professor of Energy Law, University of Helsinki, Finland
'This book offers an excellent exposition and comparative analysis
of local content requirements in the energy sector, as well as
highlights the often-neglected issues for sustainable development,
such as gender injustice, social exclusion, transparency,
corruption, accountability, corporate social responsibility,
environmental justice, climate change, human rights, and
participatory development. It also appropriately considers the
impact of current geopolitics and international treaty obligations
and offers constructive recommendations for designing, applying and
implementing local content requirements. For the African Legal
Support Facility, whose mandate includes ensuring balanced
negotiations and contracts between its regional member countries
and investors in the energy, extractives and infrastructure
sectors, the issues and recommendations discussed in this volume
are relevant for advising on appropriate legal and regulatory
frameworks, building capacity, and negotiating contracts that will
ensure sustainable development.' Stephen Karangizi, Director and
Chief Executive Officer, African Legal Support Facility,
African Development Bank
'Olawuyi has brought together an impressive number of renowned
specialists to discuss local content experiences in light of
international treaty obligations on trade, investment, business and
human rights. This much needed innovative approach provides solid
understanding of several legal and fiscal regimes as well as
valuable insights on how to design sustainable, transparent and
effective local content requirements in global energy markets. This
is an important book for policymakers, scholars, stakeholders,
lawyers and any interested observer.' André Giserman, Deputy
Superintendent of Local Content, Brazilian National Agency of
Petroleum, Natural Gas and Biofuels
'Olawuyi's germinal scholarly work in creating the conceptual
apparatus for, editing, and integrating the various chapters of
this book, more or less closes a yawning gap in the literature by
tackling an extremely important topic that lies close to the heart
of the longstanding effort of resource-rich countries to benefit
much more than has generally been the case from their natural
resource endowments. The book sparkles with disciplinary
cross-fertilization, creativity and insight in putting into a
highly productive conversation, several bodies of knowledge and
policymaking that are all-too-often incorrectly viewed and treated
as isolated and disparate. In the result, he has produced a work of
scholarship that will be just as useful to human rights,
environmental, indigenous rights, and sustainable development
scholars and practitioners as it will be to their counterparts who
focus more closely on fields such as energy, trade, investment, or
corporate law and policy.' Obiora Chinedu Okafor, United Nations
Independent Expert on Human Rights and International Solidarity and
York Research Chair in International and Transnational Legal
Studies, Osgoode Hall Law School, Canada
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