Zambia Law Development Commission’s Post

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.

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?

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 in the evolution of international environmental law, particularly 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

'Protecting People and the Planet through Environmental Rule of Law’ by Hon. Prof. Kariuki Muigua Ph.D,FCIArb,Ch.Arb,OGW argues that environmental rule of law is an effective tool in protecting humanity and nature towards Sustainable Development. https://lnkd.in/gnvf6cxi #law #legal #kenya #africa #knowledge Prof. Kariuki Muigua Ph.D,FCIArb,Ch.Arb,OGW| Ciarb Nigeria| Chartered Institute of Arbitrators Kenya Branch| Chartered Institute of Arbitrators (CIArb)| African Arbitration Association| Nairobi Centre for International Arbitration (NCIA)| National Environment Management Authority| Law Society of Kenya - Nairobi Branch Moi University| Kenyatta University| Strathmore University

📣 CALL FOR ABSTRACTS: Growth and Degrowth in EU Law 📣 Law is a powerful tool. It can reflect and even drive societal change. However, it can also entrench existing power structures and ideologies, perpetuating the status quo and delaying necessary systemic change. This duality is particularly relevant when addressing EU environmental governance. To foster fresh perspectives, lawyers and beyond-growth scholars need to engage in meaningful dialogue. I’m happy to share that, together with Myele Rouxel (University of Eastern Finland) and Clara Vittoria Colonna (Universiteit Utrecht), I am co-organizing a special session at the upcoming Ecological Economics & Degrowth Conference, which will take place in Oslo from June 24–27, 2025. In this session, we invite you to share your ideas on how degrowth and post-growth can be conceptualized and operationalized within EU law. For more details on the session, visit: https://lnkd.in/dFTx6p2J. Submit your abstract (here: https://lnkd.in/dRb6FvSK) by January 10, 2025! #Law #growth #degrowth #EU #climatechange #sustainability #environment #governance

Key Legal Missteps in Azerbaijan’s Case: Jurisdictional, Environmental Claims, and the Right of Return to Armenia The Two Main Issues in the Legal Case Azerbaijan Lost 1. Ratione Temporis - Jurisdiction Based on Time Azerbaijan’s ratione temporis argument was poorly constructed. Instead of directly demanding jurisdiction over the events between 1993-1996, this period should have been presented solely as historical context. Azerbaijan should have emphasized that the effects of those events persisted beyond 1996 and were part of Armenia’s ongoing discriminatory policies. Such an approach could have allowed the court to examine these issues during the primary stage of proceedings. Although these matters will still be examined now, if jurisdiction had not been claimed over the period of 1993-96, the opposing side wouldn’t have been able to launch a “victory campaign” on the acceptance of their objection. 2. Ratione Materiae - Environmental Issues Azerbaijan’s claims regarding the environment were weakened by arguments rooted in economic motives. The court noted that the damage affected all communities. Azerbaijan should have demonstrated that Armenia’s actions disproportionately targeted Azerbaijanis, making it essential to investigate this issue during the main proceedings. The evidence we presented, such as the commercial logging of forests, led to the acceptance of Armenia’s objections. The Issue of Return to Armenia The issue of return of Azerbaijani refugees to Armenia, a priority in Azerbaijan’s foreign policy, was not sufficiently emphasized in the claims. Armenia’s obstruction of return to these territories should have been framed within the context of racial discrimination and human rights violations under international law. While the issue of return to Karabakh was raised, the denial of the right to return to Armenia was not adequately addressed.

✨ Spotlight Series: Finalist 5 - The Moriori Peace Covenant (Nunuku’s Law) ✨ The Moriori Peace Covenant (Nunuku’s Law)  On New Zealand’s remote Chatham Islands (Rēkohu), the Moriori people - originally a warrior society - established Nunuku’s Law in the 16th century, a Peace Covenant forbidding violence and promoting environmental harmony. In 1835, when Māori tribes Ngāti Tama and Ngāti Mutunga from Taranaki (mainland New Zealand) invaded Rēkohu, the Moriori courageously upheld their commitment to Nunuku’s Law, choosing non-violence and integrity over violent resistance.  Initially, this choice came at a heavy cost: hundreds were killed, and survivors faced enslavement by Māori and continued discrimination under subsequent New Zealand (European) rule. However, the powerful spirit of Nunuku’s Law endured. From the 1980s, the Moriori launched a cultural revival centred on their Peace Covenant, securing land rights and cultural recognition from the New Zealand government, and taking leadership in peace promotion in New Zealand and globally. Grounded in history yet vibrant in modern practice, the Covenant stands as a living customary law that preserves Moriori heritage and offers a powerful indigenous model for non-violence, the promotion of peace, environmental stewardship, and sustainability.  Though not very well-known outside New Zealand, the Moriori Peace Covenant has been transformative and inspirational. It significantly influenced New Zealand’s Parihaka movement (established by Taranaki Māori), an innovative incubator of non-violent resistance to colonial oppression, which in turn inspired global leaders like Mahatma Gandhi and Dr. Martin Luther King Jr. It provided the basis for Moriori to lead in the establishment of New Zealand’s National Centre for Peace and Conflict Studies, and international peace events to be hosted on Rēkohu. Today, promoted globally by the Hokotehi Moriori Trust, Nunuku’s Law offers an enduring framework for reconciliation and non-violent conflict resolution, contributing to invaluable indigenous discourse on peacebuilding and sustainability. ✨ Key Impact:   Cultural Revitalisation: Reclaiming Moriori culture with educational resources, cultural initiatives, and the Kōpinga Marae meeting centre. Environmental Conservation: Restoring ecosystems with 200,000+ native trees, protected bird species, permaculture, and species control. Historical Reconciliation and Repatriation: Addressing past injustices, reclaiming ancestral remains, and correcting histories through public education, legal settlements and exhibitions.    What role do you think non-violence plays in today’s peacebuilding? Share your thoughts below! Stay tuned for our next finalist policy tomorrow ⏰️ #Moriori #PeaceCovenant #IndigenousLeadership #IntergenerationalPeace #WorldFuturePolicyAward Heather Beaton  Ashleigh Ryan   NZ Herald Manatū Taonga Ministry for Culture and Heritage RNZ                                                      

The call for submitting abstracts to the 2025 Degrowth Conference has been extended to 20th January 2025! (https://lnkd.in/e-pmi6ip) We encourage legal (and interdisciplinary) researchers to contribute to the session on 'Growth and Degrowth in EU law'. This session aims to contribute to the current broader reflection on the role of EU law in fostering economic growth and what could EU law do to address this issue. In particular: how EU law could be reshaped to address the challenges of our times (e.g. planetary boundaries, social needs, etc.). Examples of questions which could be addressed include: 👉 What are the potential legal obstacles and opportunities to integrate beyond-growth approaches (i.e. degrowth or post-growth approaches) in EU law? 👉 How to conceptualise beyond-growth in relation to EU law? 👉 What amendments to the treaties (i.e. TEU and TFEU) would be desirable and/or politically feasible? 👉 Does the current jurisprudence of the Court of Justice of the EU include beyond growth-compatible elements or at least, elements that could provide the basis for future beyond-growth compatible case law? 👉 To what extent do recent policies such as the European Green Deal include beyond-growth compatible elements? The full description of the session is here: https://lnkd.in/e7uUcYEs We look forward to it!

Wow.  🎉 The The UCLA Law Promise Institute Europe conference hosted by Professors Margaretha Wewerinke-Singh and Kate Mackintosh felt like a veritable “who’s who” of those working on international law to address environmental crisis. #EcocideLaw featured significantly… not just in the first day’s discussions, themed around international criminal law, but in the keynote speeches for both plenaries. International Criminal Court Deputy Prosecutor Nazhat Shameem Khan’s Monday keynote made special mention of the Independent Expert Panel’s definition of #ecocide (https://lnkd.in/eKrHG-T3), concluding by urging participants to consider what the Statute might look like if drafted today: “I wonder, if the Rome Statute was being drafted today, what would it look like? Would it include ecocide as a separate international crime? Would it include the liability of legal persons? How would it deal with the problem of attributing responsibility to multinational corporations? How would the jurisdictional model of the Rome Statute respond to harms that have a global dimension? Will the jurisdiction of the ICC still be determined by national boundaries? What kind of Rome Statute would today’s pressing concerns and today’s legal imagination produce? I leave you with these questions and hope that they will find their way into your discussions…” High Commissioner for Human Rights Volker Türk’s keynote on Tuesday added a compelling endorsement: “... recognition of environmental crimes, including the crime of ecocide, by international, regional, and domestic legal systems would strengthen accountability for environmental harms. It would also speak to people’s sense of fundamental justice, and that violence against the environment is serious harm to our common good.  And act as a behavioral deterrent, including for businesses, to cease practices which perpetrate environmental harm.” Recent months have been peppered with milestones: adoption in Belgium, first cases prepared in Ukraine, proposals in various national jurisdictions and formalisation of the EU environmental crime directive… showing that recognition of ecocide as a serious crime is now becoming an obvious and appropriate legislative response to mass destruction, with the promise of a powerful course correction for economic activity. When voices like Khan’s & Turk’s (hard on the heels of António Guterres’ the previous week) are joined to this swelling chorus - no other phrase for it, especially after the Helsinki choir concert (https://lnkd.in/eDQT9dAE?) - there is a real sense of a tide beginning to turn. And if anyone is in any doubt that the term is entering the popular lexicon, I refer you back to an episode of the decades-long-running BBC quiz show University Challenge in December (https://lnkd.in/eNevFJTj) - check it out at 13m38s…