Resh(AI)ping good administration: beyond systemic risks vs individual rights?

By Professor Albert Sanchez-Graells, Co-Director of the Centre for Global Law and Innovation (University of Bristol Law School).

The Digital Constitutionalist (DigiCon) has recently hosted a symposium on ‘Safeguarding the Right to Good Administration in the Age of AI’, co-edited by Dr Simona Demková (Leiden), Dr Melanie Fink (Leiden) and Dr Giulia Gentile (Essex). Professor Sanchez-Graells contributed his thoughts on the need to extend good administration requirements to the phases of decision-making that are not yet directly relevant to the individual, as well as the need to broaden good administration guarantees to a collective dimension, to account for the new risks arising in the AI-driven administrative context. In this post, first published in the DigiCon symposium, Albert looks at ways to achieve this, whether through an expansive interpretation of Article 41 of the Charter of Fundamental Rights of the European Union or through a European legislative reform. (more…)

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

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…)

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

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)

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

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…)