Symposium Posts

Legal education has begun in Myanmar since 1878 under the administration of British Colonial Government. Rangoon (Yangon) College was founded as an affiliation of Calcutta University (CU), India in 1884-1885. British Government passed the University of Rangoon Act in 1920 through which the University of Rangoon was founded and has come into existence.

he curriculum of law schools was standardized and based on the framework curriculum introduced by the Ministry of Education. Under the framework curriculum, law subjects are divided into compulsory and elective. The compulsory subjects are targeted at the basic laws, which are an unavoidable component of the legal education in Vietnam. Under the framework curriculum, both public international law and private international law are compulsory subjects. For this reason, law schools are obliged to make these courses available to their students, and students have to take and pass the subjects as a pre-requisite for the successful completion of their legal education.

The Central Asian States should learn to rely on international law, more proactively and consistently, as a tool for advancing their lawful interests, and for maintaining regional and international peace and security. Kazakhstan’s recent membership in the UN Security Council (2017-2018) was an excellent occasion to promote respect for international law at the regional level. Other recent examples of such reliance include the adoption of a Convention on the Legal Status of the Caspian Sea in 2018, or an ongoing reform of criminal law and procedure in Uzbekistan.

This series of blog posts gathers perspectives from international law teachers, researchers and students from different regions and all stages of their careers and legal education, to reflect together on common challenges and imagined futures of our profession. This Symposium is held in a moment of great uncertainty – but also of possibility: the Critical Pedagogy Symposium recently held on Opinio Juris offered thought-provoking commentary from across the globe on critical international pedagogy and the virtual space, while the forthcoming TWAILR series on Critique and the Canon promises stimulating discussion on balancing doctrinal rigour and critical engagement in the classroom.

At the heart of African decolonization was radical political thinking about international non-domination, and the vision of an international legal, political and economic order that secured this anti-imperialism through global redistribution. This idea of the world, that involved radical reinterpretation of the principle of self-determination, united the political thinking of the tallest leaders of Africa – Azikiwe, Nkrumah, Nyerere, and others.

As an essential outcome of strengthening the state control over natural wealth and resources, Tanzania has brought natural resource contracts into the purview of its domestic legal system. In doing so, some countries have exercised their sovereign rights to natural resources as the basis for denouncing international adjudication of investment claims based on such contracts. Indeed, biases perceived by Tanzania concerning international arbitration fora have played a great role in bringing natural recourse contracts into the purview of Tanzanian legal system. The goal of the reforms is to mitigate such partialities through using domestic dispute resolution mechanisms.

While procedural reforms are important, substantive reform should be foregrounded. If substantive reforms cannot take place then African states should exit the ISDS scene.

It is a special day when open scepticism by some African states towards investor-state dispute settlement (ISDS) is likened to hegemony. This characterization suggests that critical voices, once banished to the outskirts of ongoing discourse tabling reforms to ISDS in particular and to international investment law (IIL) more generally, now occupy the center of action and claim the mantle of thought leaders. But instead of cherishing this potential turning point for international law development by African states, we are urged to deny and disregard the views from Africa.

In the opinion of this contribution, African States must be more radical in their approach to investment treaty and ISDS reforms. First, they must retain the role of domestic courts in the resolution of investment disputes in line with their national constitutions. Second, where the case for an international dispute settlement mechanism is made, they must consider a state-state trade and investment dispute settlement bodies at the regional and continental levels for all transnational business disputes. Appeals from domestic courts could lie before regional appellate bodies and from a regional appellate to a continental dispute settlement body. This should provide assurance to investors and other business entities that their disputes can and must be resolved within the African continent.

If Africa is genuinely interested in the reforms of ISDS then the words of the Kenyan delegation at the UNCITRAL working group must be our yards stick; the desired outcome will only be achieved when we begin to consider the substantive issues in an open, frank, free, and transparent manner, noting the need to fast track the conclusion of a holistic reform process of the ISDS. Perceptions and plausible folk theories aimed at nothing but creating hegemony in ISDS must be shunned. My crystal ball tells me that ISDS is here to stay, thus we must make no mistakes, but shape ISDS to suit our future interests.