REFLECTION AND ANNOTATED BIBLIOGRAPHY 1 Essay Example

  • Category:
    Law
  • Document type:
    Research Paper
  • Level:
    Undergraduate
  • Page:
    2
  • Words:
    1080

Reflection and Annotated Bibliography

Reflection

Multinational companies have to consider their role in supporting the communities and society where the business is located. However, multinational organizations such as Shell have been associated with environmental degradation and negating the social framework. From analyzing the available materials, Shell has engaged in numerous practices to beat the environmental protection regulations. The company has continuously implemented measures that are not friendly to the environment but continuously degrades the environment. These concerns are available in the way Shell has been taken to court and numerous media and activists documentations indicating the social and environment pollution.

Companies such as Shell come to a country with advanced techniques and resources to mine different resources. Even though it is a strategic business acumen, the advancing business activities are not similar to its approach in developed countries. For example, Shell engages in different practices that may be seen as unethical and against governance standards but continues to implement the framework in Nigeria because it is a developing country. If Nigeria were a developed country, the practices that Shell engages would not have existed. It means that there are different laws and standards for different regions.

The multinational and other businesses are required to implement sustainable measures. An organization should look at the long-term association and engagement rather than focusing on the short-term. Shell takes the short term of profitability without considering the impact on the society and environment. In sustainable business models such as the triple bottom line, the important components are economic, special and environment. However, Shell focuses on economic meaning the business approach dies not meet sustainable obligations. The triple bottom line illustrates some shortcomings that may worsen the business position and long-term influence of Shell in Nigeria.

  • Relevant Textbooks

Okonta, I., & Douglas, O. (2003). Where vultures feast. New York: Verso Publishers.

The entire book is relevant to Shell and oil spill in Nigeria because the themes of the book are Shell, human rights and oil in the Nigeria Delta. The book highlights the legal framework, the engagement of different parties and the perception of Shell in Nigeria. The book is available online, and all the chapters are appropriate for the current study. The book is significant because it traces the historical background of Nigeria and the dynamics and problems in the oil sector including the perception of different stakeholders such as communities.

Frynas, J. (2000). Oil in Nigeria: Conflict and litigation between oil companies and village communities. London: Die Deutsche Bibliothek.

The book is available online and discusses numerous factors including the making of Nigeria’s oil industry, Nigerian legal system and oil related legislation, the actual nature of Nigeria legal system in the implementation of laws, the social and environmental impact of oil operations on village communities, and compensation claims. The book takes the legal framework for understanding the formulation and implementation of policies and frameworks in addressing the oil problem. The extensive coverage of the book cements the legal perspective of the study.

Omeje, K. (2006). High stakes and stakeholders. Hampshire: Ashgate Publishing Limited.

Chapter 4 – Ahead of the game: Shell’s responsiveness to domestic threats discusses the approach that Shell tries or tends to solve the community and society problems regarding oil spillage. The book is appropriate since it takes the angle of Shell in addressing the oil problems. The book is available online and advances the learning of oil spillage and Shell approach in Nigeria.

  • Relevant Academic Journal Articles (2)

Hennchen, E. (2015). Royal Dutch Shell in Nigeria: Where Do Responsibilities End? Journal of Business Ethics, 129(1), 1-25.

The article discusses the role of multinationals such as Shell in supporting the social corporate framework and approaches in addressing the lack of public resources or inefficiencies of the government in providing public support. The article recalls the January 2013 where The Hague found Shell liable to oil pollution in the Niger Delta. The role of civil society and media has been discussed in highlighting the challenges the local community faces, and how the media changes the entire ideology focusing the multinationals to implement ethical and moral approaches in the management of business and inclusion of other stakeholders in the entire process.

Oluduro, O. F. (2015). Oil exploitation and compliance with international environmental standards: the case of double sStandards in the Niger Delta of Nigeria. Journal of Law, Policy, and Globalization, 37, 67-82.

The article discusses multinational corporations and the impact of the organization in the host country. The article highlights the discriminatory practices, which may not be acceptable to the developed countries environmental definition. The author states that companies such as Shell come to a country and employ double standards that affect the economic, special and environmental conditions of the region. It highlights the double standards and unequal enforcement of international, environmental standards. The article is significant because it highlights the discriminatory nature of multinational corporations in the host country/region.

  • Laws and Legislations/Court Cases

Petroleum Act 1969 and Petroleum (Drilling and Production) Regulations 1969

These acts of the parliament provide frameworks in which the oil industry has to operate including the standards and requirements that have to be met. These legislations provide mechanisms in which business cane engage with different stakeholders in ensuring the environment and society are protected. It defines the standards and other industry specific processes that oil companies have to adhere.

Sekularac, I., & Deutsch, A. (January 30, 2013). Dutch court says Shell responsible for Nigeria spills. Reuters. Retrieved from http://www.reuters.com/article/us-shell-nigeria-lawsuit-idUSBRE90S16X20130130

The community with other stakeholders filled a case in The Hague stating that Shell should be held liable to environmental degradation and the negative impact to Nigeria people’s social lives. The court held Shell liable to environmental and social degradation stating that Shell should compensate the community and repatriate some resources. The court decision is appropriate since it shows Shell committed a crime and should be penalized.

Vaughan, A. (January 26, 2017). Nigerian oil pollution claims against Shell cannot be heard in UK, court rules. The Guardian. Retrieved from https://www.theguardian.com/business/2017/jan/26/nigerian-oil-pollution-shell-uk-corporations

It presents a court case that was dismissed because of jurisdiction. However, the merits of the case indicate that Shell continues to degrade the environment and social conditions of the Nigeria. Shell did not say the basis of the case is wrong, but the jurisdiction is wrong indicating that the company may have committed some environmental sensitive issues. Since the court case is recent, it indicates the continuous approach that Shell takes in degrading the environment and society.