Burden of Proof: Real Burden in Environmental Litigation for the Niger-Delta of Nigeria
| dc.contributor.author | Odong, Nsikan-Abasi | |
| dc.date.accessioned | 2020-07-02T18:03:16Z | |
| dc.date.available | 2020-07-02T18:03:16Z | |
| dc.date.issued | 2020-07-01 | |
| dc.description | 34 pages | en_US |
| dc.description.abstract | The Niger-Delta is the oil- and gas-rich region of Nigeria, which has been described as an epitome of the resource curse—poverty, squalor, illiteracy, and environmental degradation exist adjacent to the unspeakable wealth taken from the region. However, a judicial approach to addressing the environmental degradation in the region has not yielded the desired result because, among other reasons, Nigerian law places the burden of proof in environmental litigation on the plaintiff. The plaintiff has to show on a balance of probabilities that the defendant’s action or omission was the cause of the environmental harm that resulted in injury to either the plaintiff or the plaintiff’s interest. With pervasive poverty in the Niger-Delta, discharging the burden of proof becomes a herculean task. | en_US |
| dc.identifier.citation | 35 J. Envtl. L. & Litig. 193 | en_US |
| dc.identifier.issn | 1049-0280 | |
| dc.identifier.uri | https://hdl.handle.net/1794/25374 | |
| dc.language.iso | en | en_US |
| dc.publisher | University of Oregon School of Law | en_US |
| dc.rights | All Rights Reserved. | en_US |
| dc.subject | Africa | en_US |
| dc.subject | Environmental litigation | en_US |
| dc.subject | Burden of proof | en_US |
| dc.title | Burden of Proof: Real Burden in Environmental Litigation for the Niger-Delta of Nigeria | en_US |
| dc.type | Article | en_US |