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Papers by Manuchim Nyebuchi

The Journal of Environmental and Human Right Law, 2022

This paper evaluates the mechanisms used in the management of contractual risk, such as; risk all... more This paper evaluates the mechanisms used in the management of contractual risk, such as; risk allocation amongst the various participants in the international upstream Oil & Gas as well as standard contract forms. The discussion also focuses on judicial interpretation of standard provisions for indemnity, exclusion and limitation of liability as well as examining landmark industry incidents (such as the Deep Water Horizon, Piper Alpha, etc.) where the contractual provisions of liabilities and indemnities between the operator and the contractor were tested.

Companies invest in intellectual property by acquiring the various rights, improving and register... more Companies invest in intellectual property by acquiring the various rights, improving and registering know-how and information, which ultimately has a significant impact on their competitiveness and innovative performance in the market and therefore secures their interest, gains and motivation to continue in business and innovation. This know-how and business information that can be said to be valuable and which the holder intends for it to remain confidential is known as a trade secret. It cuts across a vast range of information, ranging from technological knowledge, and extends beyond company data such as information on customers and suppliers, market research, strategies and business plans.
Trade secrets have turned out to be the focal point of increased attacks by former and current employees, competitors, on-site contractors, vendors, hackers, and foreign government. The increasing rate in trade secret espionage activity offers an opportunity for the legal professions along with the business community to find new ways to curb this kind of economic/financial wrongdoing and menace.
An important milestone for trade secret protection within the European Union is the recently adopted 2016 Directive (EU) 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (the Directive).
Although, Europe has recently moved forward for the protection against the misappropriation of trade secrets, however, member states are now faced with the challenge of adopting and integrating this new directive into its national/local laws.
In view of these developments, this paper therefore seeks to critically examine the newly adopted EU Directive on trade secrets as well as evaluate whether or not trade secrets have been insufficiently protected under the breach of confidence. It will also do a summary comparison of the new EU trade secrets directives to the recently enacted Defence Trade Secrets Act (DTSA) of the US.

The intellectual property protection (IPP) regime under the Agreement on Trade Related Aspects of... more The intellectual property protection (IPP) regime under the Agreement on Trade Related Aspects of Intellectual Property Rights (“TRIPS Agreement”) of the World Trade Organization (“WTO”) raises certain public health concerns regarding access to medicine. With the adoption of TRIPS Agreement, many commentators fear that the problem of obtaining access to the medicines needed to deal with HIV/AIDS pandemic in developing countries will be further hindered by the patent provisions of the TRIPS Agreement. The framework of the right to health makes it clear that medicines must be available, accessible, acceptable, and of good quality to reach ailing populations without discrimination throughout the world. Yet, the issue of access to medicines has remained at a crossroad between the ongoing globalization of intellectual property rights (IPRs), and significant demand for drugs to meet critical public health needs among the world's poor. Results indicate that TRIPS has only decreased access to affordable medicines. An important milestone in public health protections was the adoption at the Doha Declaration (that gave rise to the so called paragraph 6 decision). Public health advocates welcomed the Doha Declaration as an important achievement because it gave primacy to public health over private intellectual property, and clarified WTO Members' rights to use TRIPS safeguards. While the Doha Declaration in principle, were affirmed for member states under the TRIPS agreement to protect public health, numerous challenges remain. Therefore, this paper makes an assessment of the state of the art and future directions for international law on patent protection, access to affordable medicines, compulsory licensing in patent and the waiver to/amendment of Article 31 via the Paragraph 6 System. It will highlight some of the difficulties involved in using the Paragraph 6 System as determined by its first and only use in the trade of Apo-TriAvir from Canada to Rwanda. The paper will conclude by reviewing potential ways forward to ensure that access to medicines by many developing and least developed countries (LDCs) is secured within all trade agreements.

In the complex picture of energy policy, the renewable energy (RE) sector is one which stands out... more In the complex picture of energy policy, the renewable energy (RE) sector is one which stands out in terms of ability to reduce GHG emissions and pollution, exploit local and decentralised energy sources, and stimulate world-class high-tech industries. There is therefore, a strong and growing global and political consensus to promote the development of Renewables.
This work critically evaluates RE transition in China; discusses issues relating to policies, technology and financial incentives from current and future perspectives.

Climate change impacts pose a level of urgency unto European citizens. The energy system needs a ... more Climate change impacts pose a level of urgency unto European citizens. The energy system needs a more sustainable energy source based on renewable energy source (RES) and in order to achieve this, certain level of grid infrastructure is required. Getting this infrastructure up and ready will require a range of policies. An important milestone for renewable electricity policy was the adoption of Directive (2001/77/EC) and Directive (2009/28/EC). Although, Europe has put in place legislation to promote renewable energies, however, it is now faced with the challenge of integrating increasing amounts of intermittent power sources especially from renewable energy into the electricity grid.
This paper primarily seeks to provide an assessment of the state of the art and future directions for grid integration of large-capacity RES, evaluate the success/or challenges of grid access for new RES producers in the light of the above two EU directives using Estonia and Sweden as case studies; representing the negatively and positively performing countries, and will form the basis for measuring the likely success or failure of the EU objective.

In the complex picture of energy policy, the renewable energy sector is one which stands out in t... more In the complex picture of energy policy, the renewable energy sector is one which stands out in terms of ability to reduce GHG emissions and pollution, exploit local and decentralised energy sources, and stimulate world-class high-tech industries. There is therefore, a strong and growing global and political consensus to promote the development of Renewables.
This work critically evaluates RE transition in China; discusses issues relating to policies, technology and financial incentives from current and future perspectives.

Different oil producing countries adopt different types of oil and gas agreements to regulate the... more Different oil producing countries adopt different types of oil and gas agreements to regulate their relationships with international oil and gas companies. These countries tailor petroleum fiscal regimes to fit their own desires. However, in some cases a host country may amend its petroleum fiscal regime due to changes in the internal and/or international economic and/or political environment or due to changes in the host government’s energy policy. The story of the UK petroleum concession and fiscal regime may be unique; this is due to the employment of a unique concession type of agreement, which no longer includes a royalty charge as a key element of its fiscal regime. The UK concession model is described as accommodating private interest under public control”. This work therefore will analyze the development of the tax regime in the UKCS from 1975 to present in the light of the above statement, and as well, make a comparison of the development of the regulatory and tax regime of Norway.

Thesis Chapters by Manuchim Nyebuchi

It is reported that the environment has become less likely to support the quality of life previou... more It is reported that the environment has become less likely to support the quality of life previously enjoyed by the people due to oil and gas (O&G) exploration and production (E&P) activities. The effect of which includes, death or extinction of plant and animal resources, thus creating an imbalance in the ecosystem. For example, the Ogoni’s, (an ethnic group in the Delta region) have protested against Shell’s E&P activities for devastating the local environment and destroying the economic viability of the region for local farmers. The Nigerian government on the other hand, has been accused of failing to enact and/or enforce existing O&G environmental laws. There results an urgent need for legal, regulatory and institutional reform, geared towards curbing environmental impact from the O&G industry. This need has necessitated the development and application of various approaches/principles. This study therefore, will provide a critical overview of the wide-ranging theories and approaches that underpin policy and practice today. The research seeks to assess the application of precautionary principle (PP) and the polluter pays principle (PPP) in Nigeria. It identifies the challenges hindering the proper application of the PP and PPP in Nigeria as well as highlights lessons developing oil-producing country like Nigeria can learn from India and United States.

Drafts by Manuchim Nyebuchi

Sexual violence against women is a global pandemic affecting people of various classes and ages, ... more Sexual violence against women is a global pandemic affecting people of various classes and ages, including the educated and uneducated, regardless of ethnic background or religion.
Most crimes of rape are not reported for reasons such as the social stigma attached to the victims of rape, blaming of victims, rape by acquaintances and relations, traumatization of victims, insensitive and dismissive attitude of police, difficulty in successfully prosecuting rape cases, low conviction rate, the fear of being ostracized from the family and community and also the fact that the police are more unwilling to make an official report/prosecution, especially in Nigeria.
Rape cases are reported more in the Western world than many other parts of the globe. For example, in Africa and Asia, the victims of rape are more vulnerable and as such lack the courage to speak about or report their rape ordeal to law enforcement agencies due to negative societal attitude prevalent in such climes. Rape thrives in secrecy and in a culture where victims are blamed for what happens to them, instead of the perpetrators.
In Nigeria, the woman (that is the victim of rape) is frequently victimized twice. First by the violence she suffers as a result of the rape and second by the failure of the government and agencies responsible for action to bring her abusers to justice. A rape victim seeking help would be met instead, with blame and suspicion. studies have shown that the number of female rape victims (and assault perpetrated by males) is far greater than male victims; as such this paper chooses to focus more on girls/women as the victims because of the alarming proportion of severity and frequency of rape been reported almost on daily basis in Nigeria. This is the kernel of this discourse. Also to be considered by this work is whether a husband can be prosecuted for the offence of rape done to his wife in applicable cases in Nigeria? And what remedies are available in such instances in Nigeria? To achieve these, it begins by exploring the history, evolution and outlines the modern understanding and recent manifestations of the heinous crime. It also seeks to proffer corresponding adjustments that need to be made to the law of rape in Nigeria.

The Journal of Environmental and Human Right Law, 2022