Third World Approaches to International Law

I am delighted to present this symposium for my textbook entitled: International Investment Law: National, Regional and Global Perspectives (Wolf Legal Publishers, Nijmegen, the Netherlands: 2020). The textbook could not have come at a better time given the compelling need for scholars from the Global South, particularly Africa, to contribute to international investment law scholarship to help reshape and redefine international investment law for the mutual advantages of foreign investors/enterprises and the host States.

To mark the 2021 International Women’s Day themed #Choose to Challenge, Afronomicslaw.org celebrates Dr Sara Seck’s brilliant contributions to International Law. Dr Seck is an Associate Professor and Associate Dean for Research at Schulich School of Law, Dalhousie University.

We invite scholarly interventions, from established, mid-career, young faculty, doctoral candidates and practitioners to analyse Nigeria’s engagement with the scholarship and praxis of international law.

The overarching argument made in the book is that there is a pressing need to reconceptualize the interpretation of the FET standard, taking into account the particular developmental circumstances of the developing countries in investor-State disputes. The book explores these challenges and issues that the developing countries face arising from overly broad interpretations of the FET standard.

This post-lecture reflection captures critical discussions from the 6th guest lecture of the Academic Forum delivered by Professor Mohsen al Attar, Dean of the University of West Indies Law School. The theme of the guest lecture was 'Decolonisation of International Economic Law'. Focusing on five tenets - capitalism, epistemology/knowledge, colonialism, international law and political economy – which Professor Mohsen used as a frame to foreground his analysis, this piece, explores the prospects and challenges of decolonising International Economic Law. In keeping with the Academic Forum's focus, it is argued that uncritical/Eurocentric approaches to teaching IEL in African universities hamper efforts to decolonise our epistemologies. In exploring alternate ways to re-frame, the global economic order, this piece also highlights the idea of 'social justice' as a valuable metric of development, i.e. socio-economic equity that raises the standard of living to the greatest extent relative to each of our circumstances.

This blog post highlights the International Law encounter at WBNUJS for the undergraduate programme in addition to the incidental confrontations with International Law for students and my reflections of the same.

My intervention here is premised on my experiences and my relationship to the teaching of CIL. Instead of directly engaging with the question—why teach critical international law—I offer two interconnected accounts of the teaching process. This unpacking takes place at the site of my identity as a pedagogue where these two strands of enquiry intersect—why did I choose to teach CIL and why did I choose to teach CIL. These enquiries are dynamic and through them, I hope to cover some ground on the teleological question.

Through our analysis of the course outlines of the above subjects, we have arrived at the conclusion that the LL.M program at SAU has the potential to make a significant contribution to the development of South Asian perspective of IL. All the compulsory courses taught at SAU address issues of international law relevant to South Asia, scholarly works focussing on South-Asian issues have been given due consideration, as have the works of South Asian and TWAIL scholars.

This special issue of the International Criminal Law Review particularly welcomes submissions that critically reflect on these questions in the context of transitional justice and resurgent authoritarianism and ongoing conflict.

This short piece argues that while these arguments may hold sway, host African states continue to have primary responsibility and should rise to their obligation to protect human rights of impacted communities against the harmful effects of TNCs’ activities. Moreover, the controversies surrounding the extraterritorial jurisdiction of states and the silence of international law regarding enforceable obligation on TNCs demonstrate the difficulty in embracing the newer approaches regarding the roles of home states and TNCs.