Master of Laws in International Energy Law & Policy - Kampala Campus

Permanent URI for this collectionhttps://hdl.handle.net/20.500.11951/814

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    The transformative role of alternative dispute resolution in oil and gas contract
    (Uganda Christian University, 2026-06-27) Hadija Namusobya
    With the complexity and global nature of the oil and gas industry, there is a need for effective dispute resolution procedures that are able to effectively resolve complex contractual and multi-jurisdictional legal disputes. The study aims to examine the transformative role of Alternative Dispute Resolution (ADR) in oil and gas contract disputes within the context of the oil industry in Uganda. Alternative dispute resolution (ADR) techniques such as arbitration and mediation can be an alternative to traditional litigation and provide fast, cost-effective and confidential settlement processes. They are particularly essential in an industry that could suffer significant financial loss and damaged company relationships if delays occur. The study relies on the doctrinal research technique to assess the effectiveness of alternative dispute resolution (ADR) in the oil and gas sector and analyses various legal documents, judicial decisions, and international treaties. The results of this study highlight how important strong legal frameworks—like Uganda's commitment to the ICSID and the New York Convention—are to improving the enforcement and dependability of ADR results. There are disadvantages, including various country laws regarding the enforceability of ADR decisions and general lack of party willingness to engage in ADR due to concerns about fairness and the enforceability of the process. The study makes several of suggestions to improve the ADR environment in the oil and gas sector. They involve introducing more robust ADR provisions in oil and gas agreements to prevent future disputes, improving the legal environment to support ADR processes and more education and training for industry stakeholders of the benefits of ADR. The research aims to promote alternative dispute resolution (ADR) in the oil and gas industry to ensure stability and effectiveness of the industry in Uganda and beyond. This study fills a gap in the literature and provides valuable guidance for industry, legislators and lawyers to help promote the growth and viability of the oil and gas industry.
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    A legal analysis of the protection of health rights in the promotion of the oil and gas industry in Uganda
    (Uganda Christian University, 2026-06-27) Winny Epiphany Afoyorwoth
    The discovery of oil and gas in any country is usually considered a blessing due to its well-founded role in guaranteeing sustainable economic development. However, the oil and gas exploration and production process comes with adverse effects, in particular, the upstream activities that usually pollute the environment and subsequently destroy the natural ecosystems thereby threatening human livelihood, notably the right to a clean and healthy environment. This study was guided by three specific objectives; to analyze the effectiveness of the law in protecting the environment from oil and gas activities, the efficacy of the law in promoting the right to a clean and healthy environment, and to examine the feasibility of the existing institutional framework to protect the environment from the adverse effects of oil and gas activities in Uganda. The study adopted a qualitative doctrinal legal research design and systematically collected legal and non-legal textual data. Content and thematic data analysis techniques were applied in analyzing and interpreting the data collected. The study revealed that several legal instruments were formulated to govern the activities of oil and gas in Uganda. Overall, the laws strongly emphasize the necessity to manage the environment sustainably, strict application of pollution control license, application of strict liability for any damages to human health and the environment, and oil and gas project developers are mandated to apply the mitigation hierarchy as indicated under the laws. The institutions concerned have specialized units that perform specific responsibilities to ensure the provisions of the laws are properly implemented. The study recommends that the laws should be periodically revised and their provisions be implemented without fear or favor to achieve its objective of preserving the environment. Key Words: Legal analysis, Health rights, Oil and gas industry.