Best Practices in the Upstream Operations of the Oil and Gas Industry: The Case of Environmental and Social Impact Assessment (ESIA) in Cameroon

Abstract

The oil and gas industry is a global, multi-trillion-dollar industry that includes the exploration, production, refining, and distribution of oil and gas products. The industry plays a vital role in the global economy, providing the energy needed for transportation, heating, and electricity generation. Environmental legislative and regulatory requirements applicable to oil and gas activities vary worldwide. However, in developing countries, adequate environmental laws are absent and where the laws exist; there is a lack of proper implementation. This paper adopts the qualitative research methodology making use of the doctrinal method. The paper reveals that in the absence of adequate environmental laws and enforcement in emerging economies, there have been calls for oil companies to voluntarily adopt “best practices” in emerging economies. The industry is, therefore, committed to improving environmental and social performance through greater quality, depth and uptake of good practice. However, no treaty has been negotiated with the specific aim of regulating the onshore and offshore activities of the oil and gas exploration and production industry operating within the borders of individual states. This stems historically from the view that the regulation of onshore and offshore resource exploitation falls within the domestic jurisdiction of states. In this context, the paper recommends that, there should be a strict respect of the standards guidelines and best operating practices developed by oil industry association bodies and nongovernmental and intergovernmental organizations (NGOs and IGOs). This is because they constitute the major efforts to achieve uniform standards and operating practices across the globe.