Dr. Rosemary Mwanza, Research Fellow at the Department of Law, Stockholm University provides the last book review of Godwin Dzah book, Sustainable Development, International Law, and a Turn to African Legal Cosmologies available here https://lnkd.in/e-SeRkZk In her introduction, Dr. Mwanza notes that: Since its popularisation at the Stockholm Conference in 1972 and in the Brundtland Commission Report of 1987, as development that meets the needs of current generations without compromising future generations’ ability to meet theirs, sustainable development has become a cornerstone principle of international environmental law. Its popularity has grown in tandem with criticisms levelled against it. Scholars point out that the concept’s failure to commit to an overriding objective among the three competing pillars has made economic development its default core objective. Due to its open-textured nature, sustainable development has long been a popular surface discourse that lends linguistic cover for extractive neoliberal development, deceptively passing off as true sustainability. As a result, the concept has succeeded, not in seamlessly balancing its three constitutive pillars as initially conceived, but in providing cover for socially and ecologically unsustainable development demonstrated by the continued devastation of nature and negative social outcomes for peoples, especially those of the Global South. These critiques foreshadow the book under review. In Sustainable Development, International Law, and a Turn to African Legal Cosmologies, Dzah’s objective is to deconstruct the history, politics and law of sustainable development under international law. Drawing on Third World Approaches to International Law (TWAIL), the author’s main argument is that sustainable development as currently conceptualised and implemented under international environmental law is defective and should be reconfigured to become a truly ecological law norm. The contemplated reconfiguration can be achieved by drawing on the legal value of African eco-cosmologies as a source of a countervailing logic and praxis to displace the Eurocentric and neoliberal logic that has curtailed its ability to advance human and ecological wellbeing. To read more, follow this link. https://lnkd.in/gFwye9se
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I am delighted to see my review of Godwin Dzah's Sustainable Development, International Law, and a Turn to African Legal Cosmologies is now available at https://lnkd.in/dN_CMvHb. Not only was this volume a pleasure to read over the summer, I found valuable insights on the potential of African cosmologies to steer the evolution of international environmental law in ways that address the demands of environmental justice as understood by those who experience or are at risk of harms caused in pursuit of a narrow notion of sustainable development. The book resonates with my own work and will undoubtedly be of interest to scholars working towards the decolonisation of international environmental law.
Dr. Rosemary Mwanza, Research Fellow at the Department of Law, Stockholm University provides the last book review of Godwin Dzah book, Sustainable Development, International Law, and a Turn to African Legal Cosmologies available here https://lnkd.in/e-SeRkZk In her introduction, Dr. Mwanza notes that: Since its popularisation at the Stockholm Conference in 1972 and in the Brundtland Commission Report of 1987, as development that meets the needs of current generations without compromising future generations’ ability to meet theirs, sustainable development has become a cornerstone principle of international environmental law. Its popularity has grown in tandem with criticisms levelled against it. Scholars point out that the concept’s failure to commit to an overriding objective among the three competing pillars has made economic development its default core objective. Due to its open-textured nature, sustainable development has long been a popular surface discourse that lends linguistic cover for extractive neoliberal development, deceptively passing off as true sustainability. As a result, the concept has succeeded, not in seamlessly balancing its three constitutive pillars as initially conceived, but in providing cover for socially and ecologically unsustainable development demonstrated by the continued devastation of nature and negative social outcomes for peoples, especially those of the Global South. These critiques foreshadow the book under review. In Sustainable Development, International Law, and a Turn to African Legal Cosmologies, Dzah’s objective is to deconstruct the history, politics and law of sustainable development under international law. Drawing on Third World Approaches to International Law (TWAIL), the author’s main argument is that sustainable development as currently conceptualised and implemented under international environmental law is defective and should be reconfigured to become a truly ecological law norm. The contemplated reconfiguration can be achieved by drawing on the legal value of African eco-cosmologies as a source of a countervailing logic and praxis to displace the Eurocentric and neoliberal logic that has curtailed its ability to advance human and ecological wellbeing. To read more, follow this link. https://lnkd.in/gFwye9se
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Book Review Symposium Introduction: Sustainable Development, International Law, and a Turn to African Legal Cosmologies, Godwin Dzah (CUP, 2024). See the details of the book here https://lnkd.in/e-SeRkZk This symposium features four very thoughtful and critical reviews. They address different aspects of the book, provide points of convergence and divergence, and foreshadow future research. In his introduction to the symposium, Godwin provides a summary of his book and notes that: As I argue in the book, a lot has been said or written about sustainable development in international (environmental) law. There are presently quite a number of leading textbooks on this subject, and an even larger number of monographs on the subject. At this point, sustainable development seems to have established itself as a core component of international (environmental) law. Yet, sustainable development continues to elude us. This is especially true for the Global South, and particularly Africa. This is the thrust of my book, as it attempts to answer the question of what might international environmental law look like from the perspective of the Global South. However, that question is too broad to investigate. Therefore, I narrowed down further to address a relatively manageable question within the broader context of international law. It is in this sense that this book emerges as a primer, a first of its kind, and a pioneering legal study on the concept of sustainable development from a non-Western (African) perspective. Using a Third World Approaches to International Law (TWAIL analysis), I argue that history plays a significant role in the deconstruction of the concept as sustainable development is a product of a master Eurocentric history, itself a constant process in the history-making project of international law.
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I’m happy to announce a new (Open Access) article, entitled ‘Sustainability and Jurisdiction in the International Civil Litigation Market’, just out in the Journal of Private International Law. In private international law scholarship, there has quite rightly been a recent focus on international litigation as a potential response to environmental concerns, including the possibilities and challenges of private climate change litigation. This piece takes a different perspective, looking at international civil litigation as a globalised industry which potentially contributes to climate change, particularly through the impact of hearing disputes in a forum which is remote from the underlying events, evidence, witnesses, etc. The article argues for a change to the exercise of jurisdictional discretion by the English courts, to take into consideration the environmental impact of a dispute being litigated in a particular court – a form of public interest consideration which is currently excluded by the rules, which only consider the interests of the parties. It is of course not suggested that this factor necessarily outweighs other considerations, such as access to justice, but at the moment it is excluded altogether. The article also considers how taking into account this factor might help to incentivise the development and adoption of technologies and practices which would reduce the environmental impact of international litigation. Hope it’s of interest. https://lnkd.in/eFwZZNKJ
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Register now for this interesting session on International Law and the Environment. International Law (War) International Law (Peace) International Law (Anthropocene?) A Session featuring Dr. Moises Covarrubias , Prof. Dr. Cathrin Zengerling , Dr. Chamu Kuppuswamy and James Bacchus 24 days 20 hours 19 mins 07 secs Broadcasts 18 October 2024, 7:30 AM BST About this Session Does shifting paradigms from human welfare to planetary welfare warrant the recognition of a distinct phase of International Law in the Anthropocene? Inspired by the recent developments in international environmental law (Global Pact on the environment), the evolving earth systems law (Lex Anthropocenae) and the urge to holistically address global sustainability challenges (Pact for the Future), this panel asks the question, how is international law being shaped by these developments? As background, five major ‘resets’ have held sway in international law. The Westphalian moment, which shaped international law as the law of war; the post WWI and post WWII which recognised the need for international of peace and cooperation, post-colonial UN decades which saw an expansion in subjects of international law, coinciding with international law’s commercial phase with trade, intellectual property, and investment rules and institution building and currently, the environmental phase. Is the Anthropocene at risk? A new natural resource boom is on the horizon. Terrestrial and seabed resources are now deemed ‘critical’ or ‘strategic’ for the energy and digital transitions. In the new geopolitics of the Anthropocene, there is a need to strengthen international rule of law to address this major threat to the environment and to peoples. The possibilities for this race for critical raw materials span from a neoliberal anthropocentric socio-economic enterprise to the other end of the spectrum, which is participatory, holistic, eco-centric and restrained use of resources within planetary boundaries. The panel will explore the normative environment and the evolving norms in the energy and digital transformations, the elasticity and ability of municipal laws to stretch across borders under the cover of international environmental laws, and the evolving uni and plurilateralism. The panel will discuss whether there would be a shift towards a more cooperative approach to acquiring raw materials in the Anthropocene. If that is so, would it emerge from this race for raw materials or would it emerge from new partnerships between mining companies and local peoples, between resource rich countries and resource hungry countries, and new norms for resource use? The panel aims at drawing conclusions around whether a paradigm shift from human welfare, a paramount consideration in international law of war and peace, to planetary welfare, an expanded idea of state security to planetary security, warrant the recognition of a distinct phase of International Law in the Anthropocene?
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Curious about the role of international law in managing environmental impact? I am thrilled to participate in a panel discussion at International Law Weekend 2024 later this week. We will explore how international law regulates industrial activities affecting human rights and the environment.
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Curious about the role of international law in environmental impacts? David Attanasio will take part in a panel discussion at the International Law Weekend 2024. The speakers explore how international law regulates industrial activities affecting human rights and the environment.
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Interested in environmental issues in international law + how posthuman theory can help think through them? The Planet Politcs blog is hosting a series of posts where authors from 'International Law and Posthuman Theory' delve into this topic: https://lnkd.in/dUVFcWj5
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Conference May 27-29, 2024: The Promise of International Law in the Face of Ecological Crises The past few years have seen striking developments in international human rights law, in the concept of rights of nature, as well as around a new crime of ecocide, at both national and international levels. Significant attention to the legacies of colonialism and slavery has revealed the extent to which the ecological crisis is a racial justice crisis. Attention to the devastating ecological impact of war, meanwhile, is breathing new life into underused elements of the law of armed conflict. This year, 2024, marks a high point as we anticipate advisory opinions from three international courts on state obligations in the face of climate change: the Inter-American Court of Human Rights; the International Tribunal on the Law of the Sea, and the International Court of Justice. The Prosecutor of the International Criminal Court, meanwhile, is preparing his first ever policy on environmental crimes. Please join us and leading voices from across these initiatives at our conference to explore the Promise of International Law in the Face of Ecological Crises, from May 27-29 in Amsterdam, The Netherlands. The official launch of The UCLA Law Promise Institute Europe will take place during the conference opening ceremony in the evening of May 27th. The launch of the Promise Institute Europe marks a new commitment to addressing our most pressing human rights challenges, engaging UCLA students, faculty and research more directly with the institutions of international law and human rights in Europe. We are delighted to be collaborating in this endeavour with the University of Amsterdam, our co-organiser for this conference. The UCLA Law Promise Institute Europe and the University of Amsterdam Law School are honoured to be partnering with the Republic of Vanuatu, the People’s Republic of Bangladesh and a host of esteemed academic collaborators to bring this conference to life. When: May 27-29, 2024 Where: Hotel Arena, Amsterdam #PromiseEurope2024 Please register now to join us: https://lnkd.in/egFWhYsN More information: https://lnkd.in/eiDmPQgJ
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I'm looking forward discussing the Advisory Opinion to be issued tomorrow by the International Tribunal for the Law of the Sea/Tribunal international du droit de la mer, at the upcoming conference: 'The Promise of International Law in the Face of Ecological Crises' If interested, see the details below. #LawoftheSea With thanks to the organisers for the invitation to speak, including to the Republic of Vanuatu, the Embassy of Bangladesh in the Netherlands, The University of Fiji, University of Hawaii at Manoa, NUS Centre for International Law, Lauterpacht Centre for International Law, Centre for Climate Justice-Bangladesh (CCJ-B), Luiss Guido Carli University, CEENRG, UCLA IoES Center for Diverse Leadership in Science, Emmett Institute on Climate Change & the Environment, University of California, Los Angeles - School of Law International and Comparative Law Program, The Promise Institute for Human Rights
Conference May 27-29, 2024: The Promise of International Law in the Face of Ecological Crises The past few years have seen striking developments in international human rights law, in the concept of rights of nature, as well as around a new crime of ecocide, at both national and international levels. Significant attention to the legacies of colonialism and slavery has revealed the extent to which the ecological crisis is a racial justice crisis. Attention to the devastating ecological impact of war, meanwhile, is breathing new life into underused elements of the law of armed conflict. This year, 2024, marks a high point as we anticipate advisory opinions from three international courts on state obligations in the face of climate change: the Inter-American Court of Human Rights; the International Tribunal on the Law of the Sea, and the International Court of Justice. The Prosecutor of the International Criminal Court, meanwhile, is preparing his first ever policy on environmental crimes. Please join us and leading voices from across these initiatives at our conference to explore the Promise of International Law in the Face of Ecological Crises, from May 27-29 in Amsterdam, The Netherlands. The official launch of The UCLA Law Promise Institute Europe will take place during the conference opening ceremony in the evening of May 27th. The launch of the Promise Institute Europe marks a new commitment to addressing our most pressing human rights challenges, engaging UCLA students, faculty and research more directly with the institutions of international law and human rights in Europe. We are delighted to be collaborating in this endeavour with the University of Amsterdam, our co-organiser for this conference. The UCLA Law Promise Institute Europe and the University of Amsterdam Law School are honoured to be partnering with the Republic of Vanuatu, the People’s Republic of Bangladesh and a host of esteemed academic collaborators to bring this conference to life. When: May 27-29, 2024 Where: Hotel Arena, Amsterdam #PromiseEurope2024 Please register now to join us: https://lnkd.in/egFWhYsN More information: https://lnkd.in/eiDmPQgJ
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I am very much looking forward to attending The UCLA Law Promise Institute Europe conference ‘The Promise of International Law in the Face of Ecological Crisis’, in Amsterdam, over the next 3 days. As reported in the LSE’s ‘Global trends in climate change litigation: 2023 snapshot’: * Types of Climate change litigation cases are expanding * More cases are being filed against corporate actors, with a more complex range of legal arguments. * ‘Climate-washing’ cases continue to grow, with many relying on consumer protection law * Cases outside the US have grown significantly * Litigation concerning investment decisions is increasing. #ClimateLitigation #Investigations #SpecialSituations
Conference May 27-29, 2024: The Promise of International Law in the Face of Ecological Crises The past few years have seen striking developments in international human rights law, in the concept of rights of nature, as well as around a new crime of ecocide, at both national and international levels. Significant attention to the legacies of colonialism and slavery has revealed the extent to which the ecological crisis is a racial justice crisis. Attention to the devastating ecological impact of war, meanwhile, is breathing new life into underused elements of the law of armed conflict. This year, 2024, marks a high point as we anticipate advisory opinions from three international courts on state obligations in the face of climate change: the Inter-American Court of Human Rights; the International Tribunal on the Law of the Sea, and the International Court of Justice. The Prosecutor of the International Criminal Court, meanwhile, is preparing his first ever policy on environmental crimes. Please join us and leading voices from across these initiatives at our conference to explore the Promise of International Law in the Face of Ecological Crises, from May 27-29 in Amsterdam, The Netherlands. The official launch of The UCLA Law Promise Institute Europe will take place during the conference opening ceremony in the evening of May 27th. The launch of the Promise Institute Europe marks a new commitment to addressing our most pressing human rights challenges, engaging UCLA students, faculty and research more directly with the institutions of international law and human rights in Europe. We are delighted to be collaborating in this endeavour with the University of Amsterdam, our co-organiser for this conference. The UCLA Law Promise Institute Europe and the University of Amsterdam Law School are honoured to be partnering with the Republic of Vanuatu, the People’s Republic of Bangladesh and a host of esteemed academic collaborators to bring this conference to life. When: May 27-29, 2024 Where: Hotel Arena, Amsterdam #PromiseEurope2024 Please register now to join us: https://lnkd.in/egFWhYsN More information: https://lnkd.in/eiDmPQgJ
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Professor of International Governance at University of Leeds @grahamdutfield.bsky.social
2moThis is very interesting to me, and I think a really promising theoretical direction to follow. I’m currently working along similar lines, albeit not specifically on Africa.