MAINSTREAMING UNCLOS PRINCIPLES INTO THE PETROLEUM INDUSTRY ACT 2021: RETHINKING ABANDONMENT AND DECOMMISSIONING GOVERNANCE IN THE NIGERIAN PETROLEUM INDUSTRY

Abstract

This paper examined the role of the United Nations Convention on the Law of the Sea (UNCLOS) in shaping the abandonment and decommissioning regime of Nigeria’s oil and gas industry under the Petroleum Industry Act (PIA) 2021. As Nigeria’s petroleum infrastructure aged and a growing number of offshore installations approached the end of their productive lifecycle, the need for a coherent and effective legal framework governing decommissioning became increasingly urgent. While the PIA introduced significant reforms by mandating decommissioning plans, environmental restoration, and financial assurance mechanisms, its effectiveness had to be assessed within the context of Nigeria’s international obligations under UNCLOS. Adopting a doctrinal and comparative legal methodology, this study analysed relevant provisions of UNCLOS, particularly those relating to the removal of abandoned installations, environmental protection, and safety of navigation, and evaluated their incorporation into Nigeria’s domestic legal framework. The paper found that although there was considerable alignment between UNCLOS principles and the provisions of the PIA, notable gaps remained in the explicit domestication of international standards and enforcement mechanisms. The study argued that mainstreaming UNCLOS principles into Nigeria’s decommissioning regime would strengthen regulatory oversight, enhance environmental sustainability, and ensure accountability in the management of disused petroleum infrastructure. It concluded that a harmonised approach integrating international legal obligations, domestic statutory frameworks, and complementary common law principles was essential for achieving sustainable petroleum resource governance in Nigeria.