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Article
NORWEGIAN LOCAL CONTENT MODEL A VIABLE SOLUTION?
Author(s)
Berryl Claire Asiago
Full-Text PDF XML 985 Views
DOI:10.17265/1548-6605/2017.07.005
Affiliation(s)
ABSTRACT
Legal
transplants have been used to improve national legal systems and advance a
homogeneous and ordered global legal networks. As is the
case in the petroleum sector which is home to numerous legal transplants where,
laws, contracts, and regulations move from one place to another. Notably, the
early consideration for legal transplants within the petroleum sector was
predominantly based on promoting national
legal frameworks which eventually
developed to a global legal framework also known as Lex Petrolea. Importantly, while legal
transplants promote similar global, objectives, considerable caution must be
applied on how best to proceed “before and after the fact”; as legal rules
relating to matters of national interests cannot be transplanted without
careful analysis of the operation mechanics and legal aspects of rule. This
must be done through the lenses of both countries where the law originates
and the countries in which it is supposedly meant to operate despite similarities in
legal structures. Substantial discussion needs to be conducted from both the
donor and the recipient countries to identify whether both countries, face
similar social problems capable of being resolved by these rules, and that the
rules and mechanics will function in the same manner in both countries, then
only can the said rules be transplanted. This article discusses transplant of
local content requirements from Norway to Nigeria.
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