Book Review Symposia

Olakpe's scholarly contribution is a thought-provoking addition to the discourse on South-South migration. Through an in-depth conceptual and methodological analysis of the law from below and Third World Approaches to International Law (TWAIL), Olakpe unveils the intricate layers of migration dynamics. Departing from the conventional south-north migration paradigm, this book unpacks the nuances of south-south migration through a critical and transformative lens, reorienting the dialogue towards the subtleties that characterize this unique migration pattern. At the heart of Olakpe's approach lies her innovative utilization of case studies and legal ethnographies in Nigeria and China. These studies serve as a lens through which she illuminates the experiences of marginalized subaltern communities, offering a critique of international law's role within the context of South-South migrations.

Both the proponents and critics of Third World Approaches to International Law (TWAIL) have called for a closer examination of the state of affairs in Third World countries, as opposed to the sole focus of examining the impact of colonialism and Western action, to explain and understand the impact of international law on these countries. The aim for such a call, mainly of the critics, appears to be the need to highlight the role of actors within the Third World in the existing socio-economic and political conditions and the problems in these countries. While conceding the share of responsibility of Third World leadership for the ongoing cycle of problems faced by Third World people, the call of TWAIL scholars primarily focuses on the grander objective of elevating Third World voices, narratives, and discourse into a meaningful mainstream position. Oreva Olakpe’s book makes a great contribution in this respect. It methodically examines the understanding of international law and its impact on the everyday lives of people in the Global South. It does so by solely relying on sources of knowledge in the Global South. The book makes a crucial epistemological intervention that seriously questions the status quo of knowledge production in international law, which heavily relies on the laws, policies, and experiences of the Global North, and asserts the vitality of shifting to the laws, policies, and experiences of the Global South to generate knowledge

Opening with the impact of untold narratives, Oreva Olakpe’s book, South-South Migrations, and the Law from Below, analyses South-South migrants in international law through a TWAIL lens. It considers ‘stories of building community, finding justice outside the protections of the state, and of their struggles against discrimination and exclusion within a state that does not recognize international migrant and refugee protections.’ (2) It weaves the experiences of undocumented migrants in the spaces that they are occupying while situating the impact of their experiences in international legal work. The book intentionally centers on undocumented communities as subjects of international law to map how they interact, shape, and resist in their own spaces. Doing so, the book critiques dominant literature that treats the Global South as objects of international law. The book attests to the agencies of undocumented migrants.

International legal scholarship on migration remains obsessively focused on migration from the global north to the global south. Even knowledge production anchored in critical traditions within international law, such as Third World Approaches to International Law (“TWAIL”), tends to skew in the direction of analysis that centers Third World encounters with the First. This general orientation comes at the costly expense of a deeper understanding of what Oreva Olakpe terms “South-South migrations” in her powerful intervention addressing this glaring shortcoming in the literature. Neglect of detailed study of experiences of international law in the global south, and in South-South relations, results in more than a merely incomplete picture of the nature of international law.

International court decisions, the corruption of the elite in the Global South, and the refusal of states to uphold their obligations towards people who are excluded from the privileges of citizenship shape how migrants experience law, as well as how they forge their paths to justice, recognition, and access. This book and symposium contribute to efforts to understand and document how international law impacts migrant communities, but also how these communities fill the lacunae created by law and migrant status through their acts of contestation and innovative approaches. It delves into the evolving approaches to migration and international obligations in the two states as they face new migration-related challenges.

Dr. Oyeniyi Abe’s book, Implementing Business and Human Rights Norms in Africa: Law and Policy Intervention, is a timely intervention in the field of business and human rights. The book focuses on interpreting and implementing the United Nations Guiding Principles on Business and Human Rights (UNGPs) in Africa through legal and policy frameworks.

Abe’s book discusses the challenges associated with the utilisation of business and human rights principles in development projects in Africa using South Africa, Kenya and Nigeria as case studies. The author uses the United Nations Guiding Principles on Business and Human Rights (UNGPs) as a benchmark in making a case for human rights approach in the implementation of development projects in Africa. The author highlights the legal challenges of business and human rights in the extractive industry while underscoring the increasing significance of the implementation of a human rights approach in corporate governance regimes in the spotlighted nations. Many economies in Africa are heavily dependent on telecommunication, energy, extractives and the financial industries. Corporations in these industries often undertake activities with significant social, environmental and human rights implications.

The recently released book by Oyeniyi Abe: Implementing Business and Human Rights Norms in Africa (Routledge 2022) is a comprehensive analysis of human and environmental rights impact of business activities in Africa. The book discusses conceptual and practical issues arising in the Business and Human Rights (BHRs) landscape in Africa. Furthermore, the book contains instructive developments on competing theories on corporate international human rights obligations and the range of remedies available to rights holders and 'victims' of corporate misconduct. Even more, commanding is the author's choice to present in accessible manner case studies of Nigeria, Kenya, and South Africa.

The discourse on corporate accountability for human rights violations has been shaped to a great extent by the United Nations Guiding Principles on Business and Human Rights (UNGPs) (UNGPs), resulting from the work of John Ruggie, the UN Secretary-General’s Special Representative for Business and Human Rights. The UNGPs were endorsed by the UN Human Rights Council in June 2011 and rest on three pillars: the State duty to protect against human rights violations; the corporate responsibility to respect human rights in their operations; and greater access by victims to effective remedy, both judicial and non-judicial, for human rights violations. While the focus on the second pillar i.e. the corporate responsibility to respect human rights is increasingly scrutinized, it has mostly been done in Western academic contexts. A long overdue African perspective on what this second pillar means and entails, is starting to take shape given that the African continent continues to be the breeding ground for many human rights atrocities attributed to corporations. In this respect, Abe’s book is a meaningful welcome contribution from the legal perspective on these issues.

This remarkable book on business and human rights norms in Africa, is written in three parts. Part one, examines the key contexts and principles which underpin the nature and scope of business and human rights in Africa, and the relevant corporate governance theories and regulations. Part two, proposes human rights-based approach (es) to business and human rights in Africa and examines the human rights corporate duty to respect, the integration of such a rights-based approach in development and the question of access for effective remedies. Finally, part three, examines the implementation of the protect, respect, and remedy framework in Africa’s energy and extractive sectors, with particular focus given to three focal jurisdictions in Africa: Nigeria, South Africa, and Kenya.