严格责任规则在莱兰兹诉弗莱彻案对尼日利亚溢油事故的适用

K. Okafor
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引用次数: 0

摘要

研究论文“严格责任规则在Rylands v Fletcher对尼日利亚石油泄漏的应用”,是对严格责任法律概念的有力和及时的评估,因为它适用于尼日利亚石油泄漏的反复出现的问题。几十年来,原油生产场所经常将石油和其他与石油有关的化学品泄漏到尼日利亚的尼日尔三角洲地区的河流社区。这有时破坏了这些泄漏附近贫穷村庄的渔业和农业生计,农业生产力大大降低。除此之外,还有空气污染、野生动物数量减少和整体环境退化。本文着眼于使用严格责任的概念来追究那些对这种退化负责的人的责任。为了为河流社区争取正义和赔偿,必须证明违规的石油公司犯有妨害和疏忽罪,正如Rylands v Fletcher的规则所描述的那样。这些公司应该知道,它们的活动很可能对环境造成深远的破坏。最后,本文提出了进一步解决尼日利亚石油泄漏问题的建议。
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The Application of Strict Liability Rule in Rylands V Fletcher to Oil Spills in Nigeria
The Research Paper ‘Application of the Strict Liability Rule in Rylands v Fletcher to Oil Spills in Nigeria’, is a robust and timely evaluation of the legal concept of Strict Liability as it applies to the recurrent problem of oil spillage in Nigeria. For several decades now, crude oil production sites have regularly spilled oil and other petroleum-related chemicals, into the riverine communities of the Niger-Delta region of Nigeria. This has sometimes devastated the fishing and farming livelihoods of the poor villages within the vicinity of such spillages, and agricultural productivity is greatly reduced. This is in addition to air pollution, wildlife decline and overall environmental degradation. This paper looks at efforts to hold accountable those responsible for such degradation using the concept of Strict Liability. In order to obtain justice and compensation for the riverine communities, it must be proven that the offending oil companies were guilty of nuisance and negligence, as described by the Rule in Rylands v Fletcher. The companies are expected to know that their activities are reasonably likely to cause far-reaching destruction to the environment. Concluding, the paper makes recommendations to further tackle the problem of oil spillage in Nigeria.
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