International Law

As part of research, ILRSC introduced a booklet series on international law and Nepal in the beginning of 2020. The first booklet is on the significance of international law. Others are on Customary International Law, TWAIL, and Treaties. These are yet to be published. Student interns work as research assistants for these booklets. This is a small attempt to keep afloat the interest in PIL despite the paucity of resources.

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.

This short note has identified few concerns in the teaching and researching of international law from a systemic perspective as experienced within a Private Law School setting. It needs to be underlined here that these are based on personal experiences and it could differ from person to person and setting to setting. Addressing these issues would go a long way in terms of enabling the members of the international law teaching community to put their best legal foot forward.

In this discussion, I want to highlight and briefly discuss why research and expertise has to become an even more important feature of teaching and learning initiatives. This might sound uncontroversial, but in the past two decades, significant funding for Australian universities has come from international students’ fees. Arguably, the nexus between teaching and research during this time also shifted along with the availability of more funds for universities to invest in research as an important activity in and of itself. The university sector is potentially on a dangerous road if it does not establish a healthy approach to the teaching-research nexus.

It is high time that pedagogical, methodological, ethical, and sociological challenges of this nature are discussed and addressed if IL is to be assessed for what it is without plummeting into the depths of myriad situated perspectives, colonialism, linguistic barriers, paucity of resources, and sheer divisions within the academic world.

With this post I seek nothing more than prompt the reader to question their experiences, recount their anecdotes and challenge how the way we learned, and what and how we teach today. I invite you to take the chance of making a pause in the inertia that academic life entails, and become part of the discussion on how to transform our discipline to be better researchers and more effective teachers to the lawyers of the future. There is no excuse not to, the debate is alive and happening in fora, such as AfronomicsLaw, REDIAL and TRILA.

In this blog article, building on the findings of the TRILA Project Report, and using AfronomicsLaw blog as a case example, I focus on the role of academic blogging as one of the digital tools that has great potential in shaping scholarly development in international economic law in the Global South. The AfronomicsLaw blog, launched less than two years ago, has exponentially grown, and therefore this blog article provides scholars, legal practitioners, policy makers, law students and readers and followers of the blog in general with an opportunity to assess the benefits of academic blogging through its lens.

There are two basic problems that may resonate with those who are engaged in teaching and researching international law in developing countries: first, motivating students, and second, seamlessly accessing the requisite resources for teaching and research. This essay presents and outlines challenges and proposes some solutions to address them. This is not to say that these are the only constraints they face, rather this choice is driven by the length of this essay.

It is through increased research and publications in Africa, about Africa’s experiences with norms and practices of the international society, that the TWAIL aspirations of alternative narratives and accounts that will compel emerging rules of international law and their institutions to be more just, fair, balanced and equitable to the region, may be realised.

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.