Human Rights

The courts, utilising their Constitution given powers, have in certain cases declared foreign policy unconstitutional for being inconsistent with the Constitution. The courts have also interpreted foreign policy in order to bring it in line with the Constitution. In so doing, it can be argued that courts have invariably played a role in the making and implementation of South Africa’s foreign policy.

To mark the 2021 International Women’s Day themed #Choose to Challenge, Afronomicslaw.org celebrates Professor Abbe Brown’s brilliant contributions to Intellectual Property Law. Professor Brown is the Dean for Student Support at the University of Aberdeen, Vice Chair of BILETA (British and Irish Law Education and Technology Association) and Member of a high-level expert working group on genome editing and patents.

Conventional approaches view researchers as detached observers who can objectively analyse and explain the world, and policymakers as mobilising evidence to inform decisions. This paradigm can translate into institutionalised arrangements for linking research to policy. The UNCITRAL Working Group and the Academic Forum on ISDS provide one example, whereby scholars supply legal and empirical analysis for the Working Group’s deliberations.

The current century's threat to communities, including climate change and vast and deepening inequalities, may be aggravated by the Agreement. By limiting the power of governments to govern in the interests of the community and the environment, and bolstering a regulatory framework intended to advance the interest of multi-national corporations and only the wealthiest people, trade and investment agreements deepen issues of human rights. The RCEP may, as a consequence, advertently exclude marginalised groups, including women, indigenous peoples, migrants and essentially those without any capital or political power. 

January 26, 2021

 

January 21, 2021

Afronomicslaw.org invites you to the official launch of the African Sovereign Debt Justice Network

Register to attend by clicking on this link: Zoom Registration

Date: January 26th, 2021

The COVID-19 pandemic has exposed the weaknesses of the current patterns of production and consumption, exemplified by GVCs and the global trade and investment order in which they operate. These fragilities have resulted in the aforementioned social, economic and financial crises but what they represent most of all, is a crisis of responsibility in which powerful actors, state and private, that have been the main beneficiaries of GVCs, have failed to discharge their ethical and normative obligations to those most vulnerable within their production and supply chains. To this end, a new approach is sorely needed to address the vulnerabilities of a global economy built on fragile GVC governance that serves as new nodes of global inequality and precarity.

I propose that it is our current and future battles that will determine the meaning and impact of decolonisation in Africa and beyond. As things stand now, the dead are certainly not safe. Let me elaborate on this claim drawing from Professor Taylor’s work: his piece draws from the classics of Third Worldist Marxism and dependency theory to provide a sober account of Africa’s nominally post-colonial present.

Traditional international law (IL) teaching and research has reached an inflection point (TRILA Report, 24).  Content-wise it has long been monopolised by the usual suspects: sources of law, treaties, statehood, territory, jurisdiction and specific values such as universality and equality among states. The most conservative IL scholars will smirk at the thought of alternative ‘transnational’ or ‘Third World’ approaches to IL. To be fair to them, lawyers are fond of compartmentalising. We have those that do private law, public law, human rights, international economic law, law and development, business and human rights law, health law, dispute resolution law, to name a few. Yet as the current pandemic is showing this type of boxed thinking cannot provide the tools for meaningful teaching and research about today’s legal conundrums. We live in an uncertain world in which one issue can raise a myriad of legal problems that straddle multiple fields of law.

It is my humble opinion that the current syllabus does not represent either the vision of South Asian University nor the Universal human welfare oriented understanding of Jurisprudence. Kindly do not treat it as a complaint it is an opportunity exercised by a fellow academician in discharging the human cum intellectual social responsibility. Especially, for the benefit of present and future generations of student fraternity.