Month: March 2020

Teaching IEL as a Nigerian Teacher in the Era of Decolonisation (IEL Collective Symposium II)

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By Suzzie Onyeka Oyakhire, Lecturer, Faculty of Law, (University of Benin, Nigeria; suzzie.oyakhire@uniben.edu)

This piece reflects on the teaching of International Economic Law (IEL) in Nigeria specifically within the legal education curriculum of undergraduate studies. It considers the status of IEL as a course of study and considers some epistemological challenges encountered in teaching IEL, including the content to be covered within the curriculum.

The studying and teaching of IEL in Nigeria is largely undeveloped. This is because within the legal curriculum of undergraduate studies, IEL is not prioritised in the research agenda and teaching within the Faculties of Law. For several years IEL was excluded as a course of study in Nigerian universities and, where it is taught, it is relegated to the status of an optional course. Consequently, over the years, several lawyers have graduated without any significant exposure to IEL. Often, the earliest exposure with IEL occurs during postgraduate studies overseas in which the knowledge and understanding of IEL is influenced by the perspectives of their teachers, usually teaching from, or at least influenced by a Eurocentric position. (more…)

‘Doing and knowing’ IEL through the lens of Caribbean Rastafari philosophy (IEL Collective Symposium II)

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By Yentyl Williams, PhD Candidate (Bristol University Law School)

Third World Approaches to International Law (TWAIL) scholarship over the past 21 years has innovated how we know and do international law. Yet, I argue that TWAIL scholarship can better connect to the Caribbean in general, and the Rastafari, maroon and indigenous knowledges/epistemologies and being/ontologies. Indeed, despite the growth in TWAIL scholarship, neither Westlaw nor HeinOnline contain any entries that refer to Rastafari philosophy. This, I argue, is a missed opportunity or a shortcoming, given the intellectual convergences of TWAIL and Rastafari philosophy. There are epistemological and ontological convergences of TWAIL and Rastafari scholars and activists across, at least, six concepts of Rastafari philosophy: Babylon, ‘poly-tricks’, ‘fire’, ‘livity’, ‘know thyself’ and ‘I-an-I’. (more…)

A Neo-Gramscian Analysis of the Neoliberal Discourse of the WTO Judge (IEL Collective Symposium II)

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By Dr Edoardo Stoppioni, Senior Research Fellow (Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law).

This post aims at using the work of Gramsci to analyse the hegemonic structures of the discourse of the WTO judge and to disentangle its relation to the neoliberal structural bias of its normative space. The objective is to transpose to international economic law the critical lenses that neo-Gramscian scholars, like Robert Cox, used in international relations. A neo-Gramscian approach focuses on the « material structure of ideology », in order to show how certain norms and practices emerge in a certain context and what is their emancipatory potential concerning a given legal order. By so doing, Cox enlarged the notion of hegemony to include those institutional practices of internalization of a certain ideology and the way they project it externally.

Critical doctrines on international law’s “fragmentation” have demonstrated that certain jurisdictions are capable of exercising hegemonic power in the international legal sphere and that a link should be established in that regard with the peculiar bias of economic jurisdictions, such as the WTO judge and the investment arbitrator. The WTO judge is a perfect example thereof (“judge” as, en passant, I find the judicial nature of the mechanism largely demonstrated and recently reaffirmed). As I previously theorized using Gramscian concepts, its discourse constantly oscillates between two poles. The first pole is the one of “prestige” or hegemony via expansion: the judge uses a language of dissemination; it exercises pedagogy to make its own idiom (the language of trade values) the dominating form of legal expression. The second pole is the one of “economism”, or of hegemony via isolation. The judge prefers using a discourse of self-containment to make its power uncontested. It refuses to listen to a foreign language not to put into danger its domination over its own normative regime. (more…)

The Coronavirus Crisis: Compassionate Leadership is Relevant Now More than Ever

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By Prof Charlotte Villiers, Professor of Company Law and Corporate Governance (University of Bristol Law School)

The world is now in almost complete lockdown as this Covid-19 public health crisis has reached its ‘boom’ stage[1] for many countries. People are frightened for the health of themselves and their loved ones and the financial security of huge numbers of workers is at risk. In the UK, the front-line workers with the task of treating the sick and caring for them are the care professionals, clinicians and nurses in the NHS. One of the key words that guides the NHS and is embedded within its constitution is ‘compassion’.  Principle 3 states that: ‘Respect, dignity, compassion and care should be at the core of how patients and staff are treated not only because that is the right thing to do but because patient safety, experience and outcomes are all improved when staff are valued, empowered and supported.’ In its Values section, the constitution adds: ‘compassion is central to the care we provide and respond with humanity and kindness to each person’s pain, distress, anxiety or need. We search for the things we can do, however small, to give comfort and relieve suffering. We find time for patients, their families and carers, as well as those we work alongside. We do not wait to be asked, because we care.’

It was notable that in recent announcements from our new Chancellor, Rishi Sunak, and Scotland’s First Minister, Nicola Sturgeon, both expressed the need for compassion. Rishi Sunak said: ‘Now more than at any time in our history we will be judged by our capacity for compassion. Our ability to come through this won’t just be down to what government or businesses do but the individual acts of kindness that we show each other.’[2] Nicola Sturgeon also said ‘This crisis is reminding us just how fragile our world is. But it is also reminding us what really matters – health, love, solidarity. With compassion and kindness – and with the dedication and expertise of our NHS – we can and we will get through this.’[3] These speeches indicate that our political leaders recognise that compassion is a necessary response to the crisis that we must confront, collectively, as human beings. (more…)

Global resource governance and IEL: can human rights advance social justice? (IEL Collective Symposium II)

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By Dr Lorenzo Cotula, Principal Researcher at the International Institute for Environment and Development; Honorary Professor at the University of Strathclyde.

As our demand for material goods drives natural resource extraction, the law reconfigures control over resources to facilitate the production of tradable commodities. Faced with profound social transformations, indigenous and agrarian movements have mobilised human rights to reclaim land, resources and development pathways. This recourse to rights provides distinctive insights on the place of human rights in social justice struggles.

Resource control and international economic law (IEL)

The growing levels and expectations of material consumption in the rich world rest on the large-scale production of commodities for food, energy and raw materials. The correlative expansion and intensification of natural resource extraction has historically involved large-scale mining, petroleum, logging and agribusiness developments, but also more indirect forms of resource control, for example through the integration of small-scale producers into commercial value chains. (more…)

Looking at Investment Arbitration through Roland Barthes’ Eyes (IEL Collective Symposium II)

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By Dr. Paolo Vargiu, Lecturer in Law (University of Leicester)

Roland Barthes was never particularly interested in the law. Were he alive today, however, it is hard to imagine that he would be a strong supporter of a regime like investment arbitration – a system which, in spite of its best original intentions, has long been exposed by its critics for the lack of balance in rights and obligations and the abuse of the mechanism to increase the already disproportionate power of multinational corporations vis-à-vis the state where they invest. However, his literary production can nonetheless serve as a model for inquiring on aspects of the investment arbitral regime that remain somehow at the margins of the scholarly critique.

In his essay “Writers, Intellectuals, Teachers” (1971), Barthes theorised an imaginary contract between teachers and students, with specific tasks and expectations brought into the contractual relationship by both parties. Barthes’ teachers are neither mere providers of information nor simply the means used by the school to educate students: instead, they are at once erudite, educators, mentors, instructors and tutors. The term magister may be more appropriate to define Barthes’ teachers for they carry the burden to not only instruct on specific tasks, but also to represent schools of thought, and to act as guides, almost gurus, towards enlightenment, knowledge, and skill. They are vested, in other words, with the duty of developing the community they guide; and, rather than self-conferred, it is a duty given to them by such community. (more…)

The IEL Collective Symposium II – Disrupting Narratives on International Economic Law: Theory, Pedagogy and Practice

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By Dr Clair Gammage & Dr Amaka Vanni, For and on behalf of the IEL Collective

In 2019, a group of scholars in the discipline of International Economic Law (IEL) launched the IEL Collective to provide a space for critical reflections of the regulation and conduct of states, international organisations and private actors in economic governance within and across state boundaries. International economic law (IEL) as an arena of scholarship, policy and practice has developed exponentially over the past three decades, evolving from a sub-field of public international law into a multi-layered, highly specialised discipline of its own. As a field of study, IEL encompasses a broad range of issues relating to the law, regulation and governance of the global economy, including trade, investment, finance, intellectual property, business regulation, energy and competition law. It is a discipline that intersects with other disciplines, such as international and domestic labour law, human rights, and environment as recognised by the United Nation’s 2030 Agenda for Sustainable Development. However, in the discipline of IEL there remain significant questions over the plurality and diversity of methodologies, voices and viewpoints. (more…)