Establishing Liability for Multinational Oil Companies in Parent/Subsidiary Relationships
A number of significant legal challenges impede the attribution of liability to parent corporations for the overseas operations of their subsidiaries. The multinational reach of these entities’ activities raise questions as to which forum is appropriate to hear the case, under which state’s jurisdiction an action may be brought and as to which state’s domestic law should be applied. The elaborate corporate structures exhibited by many multinational corporations (MNCs), which often incorporate holding companies, joint ventures and external contractors, serve to complicate matters still further. The recent case of Akpan & Anor v Royal Dutch Shell plc & Anor dealt with these issues in an environmental context. The case formed part of a class action suit brought by Milieudefensie (Friends of the Earth Netherlands), a Dutch non-governmental organisation (NGO) promoting environmental protection, and four Nigerian farmers. The farmers had all experienced damage to their farmlands and fishing ponds resulting from numerous oil spills across three proximate regions between 2004 and 2007. Akpan, the only successful applicant, is a farmer and fisherman residing in the village of Ikot Ada Udo, Nigeria. Throughout the course of the action, all four Nigerian applicants were supported by Milieudefensie, which itself attempted to bring claims against both the parent company and its wholly owned subsidiary as a third party.
THE DOCTRINE OF ABSOLUTE LIABILITY AND THE RIGHT TO A SAFE ENVIRONMENT: ISSUES AND CHALLENGES IN THE LIABILITY OF ENVIRONMENTAL POLLUTERS IN NIGERIA
A THESIS SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENTS OF THE UNIVERSITY OF WOLVERHAMPTON FOR THE DEGREE OF DOCTOR OF PHILOSOPHY.
Application of resource allocation optimisation to provide profitable options for dairy production systems
A linear program (LP) model analysed resource use on a 100 ha dairy farm. A single optimum-profit combination was established for resources which were either optimised or constrained. It was found that, with a fixed herd of 320 milking cows, when production increased from 305 kg milksolids per cow (kg MS/cow) to 415 kg MS/cow, cash profit increased by 65%. This required additional supplements. If, however, feed demand and supply were optimised at 415 kg MS/cow, the LP reduced milking cow number rather than buy in feed to meet the increased feed demand from higher production per cow. At all production levels chosen between 305 and 415 kgMS/cow, it was most economic to dry off and cull cows early in dry summers to optimise feed demand vs. feed grown; use nitrogen (N) fertiliser to avoid a feed deficit only when response rates of better than 10 kgDM to 1 kg N could be expected; not use N for growing supplements to harvest. Pasture cover, within defined constraint levels, provided a buffer for feed demand and supply fluctuations. The study highlights the importance of assessing production, income and cost in an integrated framework to identify the point at which individual resources become limiting.