Symposium Posts

Decolonial thinking urges us to go beyond questions of public / private dichotomy, in which key transnational private actors for the global economy participate. Instead, decolonial thinkers suggest the need to transcend the notion of “development”, which continues to influence the actions of the global south and permanently reinserting them into a subordinate position within the “Euro-American capitalist / patriarchal-modern / colonial world-system”.

The question of whether decolonisation stalled in the Global South has been addressed in some form for as long as the concept of decolonisation has been present in our world. As many educational institutions across the world, and especially in the Global North, begin to include ‘decolonising’ in their knowledge transmission agendas, connecting this question with the past, present and future of all aspects of the colonial project has never been more important. This short essay argues firstly that the question itself relies on certain presumptions that should be revisited. Secondly, the essay argues that the answer itself is complex and depends on where our gaze primarily lies – state or people.

The quest for Africa’s decolonization is existential and must therefore go beyond platitudes and rhetoric. The exhortation by Sabelo J. Ndlovu-Gatsheni on the risk of decolonization losing its “revolutionary potential” is germane: decolonization “comes from within, as a revolutionary concept that speaks about rehumanization—which is a fundamental planetary project”.

In this symposium, our contributors react to Prof Taylor’s paper by interrogating embedded structures of knowledge generation and creation, economic development in Latin America, international law, disadvantageous investment agreements, and continental integration. In particular, the essays explore how these arrangements reshape traditional centre-periphery relations.

I am delighted to introduce the book symposium on my new monograph titled Sovereign Debt Restructuring: The Role and Limits of Public International Law. Unfortunately, the time could not be riper to discuss the role played by international law in sovereign debt restructuring. In fact, as a consequence of the ongoing economic recession caused by the COVID-19 pandemic, the world is facing a new systemic sovereign debt crisis.

There is no doubt that solving this pandemic is the most pressing challenge of our time. This is not a zero sum game. Below, I elaborate on the four points for effective global solidarity to tackle the pandemic.

While WIPO’s technical assistance programme has been seen as less biased than much of the bilateral assistance on offer from the EU and the US, the history that Africa has with WIPO concerning cooperation in the provision of IP technical assistance can be said to have led to the introduction of Western-style IP norms across the continent. Our leaders and negotiators, therefore, need to proceed with caution in negotiating the AfCFTA IP protocol and the kind of technical assistance they receive. They must consult broadly and court the services of African scholars and experts on the matter.

In theory, states may be able to invoke Article 73(b)(iii) in defence of measures that are implemented to tackle COVID-19. However, in this post, I have not sought to analyse whether or not invoking Article 73(b)(iii) is a realistic option for some states (especially those in the global south). In a separate post published here, I have suggested that, while (in theory) states might be able to invoke the security exception in the TRIPS Agreement in response to COVID-19, this is not necessarily a realistic option (especially for states that do not possess local manufacturing capacity).

To ensure that innovative capacity is developed on the continent, it is pertinent to promote regional innovation. As a starting point, negotiators of the AfCFTA may consider including in the text appropriate provisions that will allow the collaboration and nurturing of innovative capacity in Africa. Open innovation is an approach that meets the needs of Africa and is worth considering.

In the webinar, the panelists brilliantly discussed salient subjects pertinent to global intellectual property (IP) rights rules and relevant implementation mechanisms at regional and national levels. In quintessential Afronomicslaw.org fashion, the discussions underscored Global South interests and reinforced the importance of fostering development-oriented IP systems.