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What's in a Name? Transnational Corporations As Bystanders Under International Law
St. John's Law Review Volume 85 Number 1 Volume 85, Winter 2011, Number 1 Article 1 What's in a Name? Transnational Corporations as Bystanders Under International Law Jena Martin Amerson Follow this and additional works at: https://scholarship.law.stjohns.edu/lawreview This Article is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in St. John's Law Review by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. CP_Amerson (Do Not Delete) 7/14/2011 4:06 PM ARTICLES WHAT’S IN A NAME? TRANSNATIONAL CORPORATIONS AS BYSTANDERS UNDER INTERNATIONAL LAW JENA MARTIN AMERSON† INTRODUCTION “You said we were Namers. I still don’t know: what is a Namer?” “I’ve told you. A Namer has to know who people are, and who they are meant to be.”1 The concept of naming is a powerful one. By naming a thing, the namer provides it with a sense of belonging, a characterization. By giving something that had previously been unidentified a name, the namer immediately imbues it with a set of characteristics. The name has powerful connotations: It can provide people with instant recognition based on a shared understanding. But there is also a danger in the act. If, instead of naming, the would-be namer labels—that is, imbues it with a quickly formulated, thoughtless identifier—then it does not provide people with a sound understanding of the thing, be it person or concept, that the labeler is trying to contextualize. -
The Demobilization of the Ogoni Protest Campaign in the Niger Delta Tijen Demirel-Pegg Scott Pe
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by IUPUIScholarWorks Razed, repressed and bought off: The demobilization of the Ogoni protest campaign in the Niger Delta Tijen Demirel-Pegg Scott Pegg Indiana University-Purdue University Indianapolis Abstract: This study examines the demobilization of the Ogoni protest campaign in the oil producing Niger Delta region of Nigeria in the mid-1990s. The contentious politics literature suggest that protest campaigns demobilize as a consequence of the polarization between radical and moderate protesters. In this study, we offer a different causal mechanism and argue that protest campaigns can demobilize before such indiscriminate repression. Moreover, states can prevent the subsequent radicalization of a protest campaign followed by harsh repression by coopting the radicals and the remaining moderate elites while continuing to use repression to prevent collective action. Our conclusion assesses how relations between extractive industry firms and their local host communities have or have not changed in the twenty years since the hanging of Ken Saro-Wiwa in 1995. Published in Extractive Industries and Society This is the authors’ manuscript of the article published in final edited form at: Demirel-Pegg, Tijen, and Scott Pegg (2015), “Razed, Repressed, and Bought Off: The Demobilization of the Ogoni Protest Campaign in the Niger Delta,” in Extractive Industries and Society, Vol.2, pp. 654-663. http://www.sciencedirect.com/science/article/pii/S2214790X15001343 Introduction On January 4, 1993, around 300,000 Ogoni people in Rivers State, Nigeria peacefully protested against the environmental devastation of their land caused by the Shell Petroleum Development Company of Nigeria (SPDC), the Nigerian subsidiary of Royal Dutch/Shell (hereafter, Shell). -
United States District Court Southern District of New York ------X
Case 1:96-cv-08386-KMW-HBP Document 199 Filed 09/12/2006 Page 1 of 21 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------X KEN WIWA, et al., : Plaintifs, : -against- : 96 Civ. 8386 (KMW)(HBP) ROYAL DUTCH PETROLEUM COMPANY; : SHELL TRANSPORT AND TRADING COMPANY, p.l.c., : Defendants. : -----------------------------------X KEN WIWA, et al., : Plaintiffs, : -against- : 01 Civ. 1909 (KMW)(HBP) BRIAN ANDERSON, : MEMORANDUM OPINION AND ORDER Defendant. : -----------------------------------X PITMAN, United States Magistrate Judge: I. Introduction By notice of motion dated April 2, 2004 (Docket Item 131) defendants seek an Order pursuant to Rules 26(g) and 37(b)(2)(B) of the Federal Rules of Civil Procedure striking plaintiffs' interrogatory answers in their entirety and preclud- ing plainitffs from identifying any new individuals that purport to have personal knowledge of the allegations that are the subject matter of defendants' interrogatories. Plaintiffs oppose Case 1:96-cv-08386-KMW-HBP Document 199 Filed 09/12/2006 Page 2 of 21 the motion and seek an award of their attorney's fees pursuant to Fed.R.Civ.P. 37(a)(4)(B). For the reasons set forth below, defendants' motion is denied in all respects and plaintiffs' application for attorney's fees is granted. II. Facts A. Alleged Facts Underlying These Actions This action arises out of alleged human rights viola- tions in Nigeria during the period from 1990 through 1995. As set forth in the pending complaints, plaintiffs and their decedents were active in protesting oil exploration and development activity by defendants in the Ogoni region of Nige- ria; according to plaintiffs, these activities have had pro- foundly damaging ecological effects in the region (Second Amended Complaint 01 Civ. -
In Girton Varsity Exclusively Reveals Allegations of Student Attack During the Early Hours of March 17Th
GENERAL ELECTION 2005 - Varsity meets all your parliamentary candidates -PAGES 4 & 5 - Your Vote: Comment & Analysis -PAGES 5, 10, 18 - Howard Flight, Tessa Jowell & Lord McNally -PAGES 4 & 5 No. 619 The Independent Cambridge Student Newspaper since 1947 Friday April 29, 2005 Six undergraduates arrested over “serious sexual assault” in Girton Varsity exclusively reveals allegations of student attack during the early hours of March 17th Varsity News Reporter end-of-term bop with the title morning of the 17th and have crime scene. been careful to keep the inci- tioned by the police. They of “Rumble in the Jungle”, now been released on bail. The incident is alleged to dent discreet. No announce- have since been released on organised on March 16th by The individuals accused have occured during the early ment of the event has yet been bail pending further question- POLICE OFFICERS are the Girton College JCR. were seen returning to Girton hours in central Girton made to Girton students. ing at a later date.” investigating a report of a very Varsity has chosen not to dis- during the early hours of the College accommodation. Cambridge University Press The six male individuals serious sexual assault alleged close the names of the under- 17th wearing police overalls, Neighbouring students were Office confirmed that have been bailed to return to to have taken place in Girton graduate victim or those of his creating speculation that their particularly shocked at the “Cambridgeshire police were Parkside Police Station on College during the early hours six alleged male attackers. clothes had been confiscated fact that the event is said to called to an alleged incident at Thursday May 5th. -
Framing Environmental Justice: from American to Global Perspectives
Framing Environmental Justice: From American to Global Perspectives By Ali Brox Submitted to the graduate degree program English and the Graduate Faculty of the University of Kansas in partial fulfillment of the requirements for the degree of Doctor of Philosophy. ________________________________ Chairperson Byron Caminero-Santangelo ________________________________ Lawrence Buell ________________________________ Giselle Anatol ________________________________ Paul Outka ________________________________ Paul Stock Date Defended: July 3, 2013 ii The Dissertation Committee for Ali Brox certifies that this is the approved version of the following dissertation: Framing Environmental Justice: From American to Global Perspectives ________________________________ Chairperson Byron Caminero-Santangelo Date approved: July 3, 2013 iii Abstract This dissertation contests the idea that environmental justice discourse emerges solely from the United States. It creates dialogue between texts that represent a traditional American environmental justice frame and those that depict situations of environmental injustice outside of U.S. borders. It identifies eight coordinates that are crucial components of what can be considered environmental justice discourse. These characteristics become a rubric for establishing a traveling theory of environmental justice and include: issues of scale, types of knowledge and the institutions that produce it, anthropocentric and ecocentric perspectives, realist and constructivist representations, individual and societal responsibilities, identity constructions like race and class, particularist and totalizing representations, and genre considerations. Analysis of Spike Lee’s When the Levees Broke, Ken Saro-Wiwa’s A Month and a Day, Indra Sinha’s Animal’s People, and Amitav Ghosh’s The Hungry Tide reveals that certain coordinates that comprise environmental justice discourse are more fraught than others. I focus on the role of the American activist as reader or character in the texts and how the authors emphasize the coordinates to varying degrees. -
Royal Dutch Shell and Its Sustainability Troubles
Royal Dutch Shell and its sustainability troubles Background report to the Erratum of Shell's Annual Report 2010 Albert ten Kate May 2011 1 Colophon Title: Royal Dutch Shell and its sustainability troubles Background report to the Erratum of Shell's Annual Report 2010 May 2011. This report is made on behalf of Milieudefensie (Friends of the Earth Netherlands) Author: Albert ten Kate, free-lance researcher corporate social responsibility Pesthuislaan 61 1054 RH Amsterdam phone: (+31)(0)20 489 29 88 mobile: (+31)(0)6 185 68 354 e-mail: [email protected] 2 Contents Introduction 4 Methodology 5 Cases: 1. Muddling through in Nigeria 6 1a) oil spills 1b) primitive gas flaring 1c) conflict and corruption 2. Denial of Brazilian pesticide diseases 14 3. Mining the Canadian tar sands 17 4. The bitter taste of Brazil's sugarcane 20 4a) sourcing sugarcane from occupiers of indigenous land 4b) bad labour conditions sugarcane harvesters 4c) massive monoculture land use 5. Fracking unconventional gas 29 6. Climate change, a business case? 35 7. Interfering with politics 38 8. Drilling plans Alaska’s Arctic Ocean 42 9. Sakhalin: the last 130 Western Gray Whales 45 10. The risky Kashagan oil field 47 11. A toxic legacy in Curaçao 49 12. Philippines: an oil depot amidst a crowd of people 52 3 Introduction Measured in revenue, Royal Dutch Shell is one of the biggest companies in the world. According to its annual report of 2010, its revenue amounted to USD 368 billion in 2010. Shell produces oil and gas in 30 countries, spread over the world. -
A Blessing in Disguise? Ghana's Potential to Overcome Nigeria's 'Oil Curse' and Develop a Successful Model for Oil Production Within a Human Rights Framework
Trinity College Trinity College Digital Repository Senior Theses and Projects Student Scholarship Spring 2012 A Blessing in Disguise? Ghana's Potential to Overcome Nigeria's 'Oil Curse' and Develop a Successful Model for Oil Production Within a Human Rights Framework Samantha N. Kerr Trinity College, [email protected] Follow this and additional works at: https://digitalrepository.trincoll.edu/theses Part of the International Relations Commons Recommended Citation Kerr, Samantha N., "A Blessing in Disguise? Ghana's Potential to Overcome Nigeria's 'Oil Curse' and Develop a Successful Model for Oil Production Within a Human Rights Framework". Senior Theses, Trinity College, Hartford, CT 2012. Trinity College Digital Repository, https://digitalrepository.trincoll.edu/theses/186 A Blessing in Disguise? Ghana’s Potential to Overcome Nigeria’s ‘Oil Curse’ and Develop a Successful Model for Oil Production Within a Human Rights Framework Samantha Nichols Kerr Submitted to the International Studies Program, Trinity College Supervised by Professor Seth Markle May 2012 ii ABSTRACT Although Africa possesses rich natural resources, the Afro-pessimistic conception that African countries cannot manage their resources remains widespread. This research project provides a comparative analysis between the political and economic histories of Ghana and Nigeria following independence. In addition to focusing on these countries’ post-independent histories, this thesis examines the Movement for the Survival of the Ogoni People (MOSOP) of the early 1990s in Nigeria as an effective civil society organization that vocalized the Nigerian government and Shell Petroleum Corporation’ corruption in the oil industry. Additionally, this research project explores Ghana’s potential to overcome Nigeria’s “negative” experience with oil due to its relatively stable democracy, diversified and liberalized economy, mutually beneficial relationship with multinational corporations, ability to look to other models of oil production, and vibrant civil society. -
All for Shell: a Brief History of the Struggle for Justice in the Niger Delta1
All for Shell: A brief history of the struggle for justice in the Niger Delta1 Shell started producing oil in the Delta in 1958. In 1970 the first seeds of the current conflict were sown when Ogoni Chiefs handed a petition to the local Military Governor complaining about Shell, then operating a joint venture with BP. According to the petition, the company was “seriously threatening the well-being, and even the very lives” of the Ogoni1. That year there was a major blow-out at the Bomu oilfield in Ogoni. It continued for three weeks, causing widespread pollution and outrage2. By the eighties other communities were beginning to protest. The Iko people wrote to Shell in 1980 demanding “compensation and restitution of our rights to clean air, water and a viable environment where we can source for our means of livelihood.” Two years later, when the Iko organised a peaceful rally against Shell, the company called the police3. In 1987, when the Iko once again held a peaceful demonstration against Shell, the notorious Mobile Police Force (MPF), locally known as “kill-and-go” was called. 40 houses were destroyed and 350 people were made homeless by the MPF’s attack. 4 In August 1990, the Ogoni elders signed the Ogoni Bill of Rights, which called for “political control of Ogoni affairs by Ogoni people, control and use of Ogoni economic resources for Ogoni development, adequate and direct representation as of right for Ogoni people in all Nigerian national institutions and the right to protect the Ogoni environment and ecology from further degradation”5. -
Dynamics of Leadership Styles Within the Ogoni and Ijaw Movements in the Niger Delta
Journal of Social and Political Psychology jspp.psychopen.eu | 2195-3325 Review Articles Dynamics of Leadership Styles Within the Ogoni and Ijaw Movements in the Niger Delta Zainab Ladan Mai-Bornu* a [a] Centre for Trust, Peace and Social Relations, Coventry University, Coventry, United Kingdom. Abstract Much of the literature on the Niger Delta deals with the Ogoni and Ijaw groups together, as having common lived experiences within a shared geographical location. However, the nature of the leaderships led the two movements to adopt distinct strategies in their struggles against the Nigerian state and multinational oil companies. Successful collective action is often ascribed to effective leadership and to the employment of social identity to drive collective group behaviour. Building on the Comparative Case Studies approach, this article compares the nature of leadership within the two movements, and particularly the choices that led Ogoni leaders to preach nonviolence and Ijaw leaders to advocate violence. The article analyses the role of the leaders in determining the strategies adopted by the movements, and examines the importance of the psychological drivers of the collective narratives developed by the two groups of leaders in accounting for the different trajectories. These issues are investigated within the social and political psychological context utilising three axes of comparison — vertical, horizontal and transversal. Findings suggest that strategic choices are frequently based on charismatic leadership, particularly when group leaders are able to utilise a heightened awareness of identity, and on conscious and unconscious fears linking past and current threats. Keywords: leadership, conflict, Nigeria, Niger Delta, nonviolence, violence, Ogoni, Ijaw Journal of Social and Political Psychology, 2020, Vol. -
SENATE—Tuesday, June 23, 2009
15838 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 June 23, 2009 SENATE—Tuesday, June 23, 2009 The Senate met at 10 a.m. and was period for the transaction of morning no intervening action or debate, and called to order by the Honorable RO- business. Senators will be allowed to that any statements relating to the LAND W. BURRIS, a Senator from the speak for up to 10 minutes each. Repub- bill be printed in the RECORD. State of Illinois. licans will control the first 30 minutes The ACTING PRESIDENT pro tem- and the majority will control the next pore. Without objection, it is so or- PRAYER 30 minutes. The Senate will be in re- dered. The Chaplain, Dr. Barry C. Black, of- cess from 12:30 p.m. to 2:15 p.m. today The amendment (No. 1364) was agreed fered the following prayer: to allow for weekly caucus luncheons. to. Let us pray. We will continue to work on an agree- (The amendment is printed in today’s Gracious God, Ruler of all nature, ment to consider the legislative appro- RECORD under ‘‘Amendments Sub- protect our Senators from the seduc- priations bill today. Senators could ex- mitted.’’) tive influences of power and prestige. pect votes in relation to that bill dur- The amendment was ordered to be Today, deliver them from the delusion ing today’s session. engrossed and the bill to be read a of self-importance which their position third time. and status subtly nurture. Remind f The bill (H.R. 1777), as amended, was them of the example of the greatest MAKING TECHNICAL CORRECTIONS read the third time and passed. -
Africanist Public Intellectuals, Progressive Politics, and Youth Agency in a Digital Age
9 2021 9 Special issue: Africanist Public Intellectuals, Progressive Politics, and Youth Agency in a Digital Age Institute of African Studies Carleton University (Ottawa, Canada) 2021 (9) Nokoko is an open-access journal promoting dialogue, discourse and debate on Pan-Africanism, Africa and Africana. Nokoko brings forward the foundational work of Professor Daniel Osabu-Kle and his colleagues when they started the Journal of Pan-African Wisdom in 2005. ‘Nokoko’ is a Ga word that means something that is new, novel, surprising and interesting. The journal offers a venue for scholarship to challenge enduring simplified views of Africa and the African diaspora, by providing other perspectives and insights that may be surprising, interesting, and refreshing. Combining spaces for academic and community reflection,Nokoko creates an opportunity for discussion of research that reflects on the complicated nature of pan-African issues. It provides a forum for the publication of work from a cross disciplinary perspective that reflects scholarly endeavour, policy discussions, practitioners’ reflections, and social activists’ thinking concerning the continent and beyond. Hosted by the Institute of African Studies at Carleton University (in Ottawa, Canada), Nokoko provides a space for emerging and established scholars to publish their work on Africa and the African diaspora. The Editorial Board ofNokoko is Editors-in-Chief Nduka Otiono, Associate Professor, Institute of African Studies. Christine Duff, Director, Institute of African Studies. Book Review -
Lessons Not Learned: the Other Shell Report
Lessons Not Learned The Other Shell Report 2004 Dedicated to the memory of Ken Saro-Wiwa “My lord, we all stand before history. I am a man of peace. Appalled by the denigrating poverty of my people who live on a richly-endowed land . anxious to preserve their right to life and to a decent living, and determined to usher into this country . a fair and just democratic system which protects everyone and every ethnic group and gives us all a valid claim to human civilization. I have devoted all my intellectual and material resources, my very life, to a cause in which I have total belief and from which I cannot be blackmailed or intimidated. I have no doubt at all about the ultimate success of my cause . Not impris- onment nor death can stop our ultimate victory.” —Ken Saro-Wiwa’s final statement before his execution on 10 November 1995 Guide to contents 1 Guide to contents 2 Foreword from Tony Juniper & Vera Dalm This report is based largely on evidence from people Tony Juniper, Executive Director, Friends of the Earth (England, around the world who live in the shadows of Shell’s vari- Wales & Northern Ireland) & Vera Dalm, Director, Milieudefensie ous operations. This report is written on behalf of (Friends of the Earth Netherlands) Friends of the Earth (FOE); Advocates for Environmental Human Rights; Coletivo Alternative Verde; Community In- 3 The Year in Review power Development Association; Concerned Citizens of Norco; Environmental Rights Action (FOE Nigeria); 4 Niger Delta, Nigeria Global Community Monitor; groundWork (FOE South Injustice as a Shell Trademark Africa); Humane Care Foundation Curacao; Louisiana Bucket Brigade; Niger-Delta Project for the Environment, 7 Durban, South Africa Human Rights and Development; Pacific Environment Communities Doomed with Aging Refinery Watch; Sakhalin Environment Watch; Shell to Sea; South Durban Community Environmental Alliance; and 10 Sao Paulo, Brazil United Front to Oust Oil Depots.