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Problematising the Normative Trajectory of Sustainable Development in Africa
Abstract
Chapter 4 analyses the history, evolution, internalisation, and legal operationalisation of sustainable development in Africa. The analysis reveals how concepts like sustainable development flow through nations and regions without being influenced by the peoples and politics that matter to that part of the world. It reveals the colonial and postcolonial politics of natural resource access in Africa by mapping the concept’s progress. It discusses the concept and its link to the international law on nature conservation and how that history omitted Africa as a framework for analysing the law and politics of sustainable development. It also explores Africa’s perspectives on international law relative to the Global South’s position on sustainable development within the never-ending Third World international law-making project. It also reveals deficits in the dominant rights-based approach to sustainable development in Africa as uncritically empowering the state over non-state interests as the state has failed to purposefully incorporate customary and indigenous governance into sustainable development. In addressing this question, I examine the promise and failure of the implementation of sustainable development as seen through the work of Africa’s regional adjudicative institutions.
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For those troubled by environmental harm on a global scale and its deeply unequal effects, this book explains how international law structures ecological degradation and environmental injustice while claiming to protect the environment. It identifies how central legal concepts such as sovereignty, jurisdiction, territory, development, environment, labour and human rights make inaccurate and unsustainable assumptions about the natural world and systemically reproduce environmental degradation and injustice. To avert socioecological crises, we must not only unpack but radically rework our understandings of nature and its relationship with law. We propose more sustainable and equitable ways to remake law's relationship with nature by drawing on diverse disciplines and sociocultural traditions that have been marginalized within international law. Influenced by Third World Approaches to International Law (TWAIL), postcolonialism and decoloniality, and inspired by Indigenous knowledges, cosmology, mythology and storytelling, this book lays the groundwork for an epistemological shift in the way humans conceptualize the relationship between law and nature.
Africa (including its human rights system) is rarely imagined or considered an originator, agent and purveyor of ideas, including in the human rights sphere. On this occasion of the fortieth anniversary of the adoption of the 1981 African Charter on Human and Peoples' Rights which founded the African human rights system, it is only fitting that its contributions or otherwise to global human rights praxis, over these four decades, be examined from this perspective. Utilising the theory of the norm life cycle, developed by scholars of international relations who work within 'strategic social constructivism', this article examines how the African human rights system has, or has not, functioned as a 'norm leader' with regard to certain important and increasingly widely-accepted human rights standards. To that extent, the article examines (as examples) certain human rights norms first elaborated and made into legally-binding forms in the African Charter, widely circulated and having achieved a considerable level of global dispersal and adoption, in part, as a result of the work of the African Commission on Human and Peoples' Rights and the African Court on Human and Peoples' Rights. Focusing on three important norms (the right to self-determination, the right to development and the right to the environment) and based on a study of academic and other literature, treaties or instruments, case law and records of international negotiations, the article attempts to respond systematically to this overarching question. The article argues that although the African human rights system clearly is not a state, the critical but globally under-appreciated roles it has played regarding the globalised socialisation of certain human rights ideas fits within, and helps in extending, social constructivist human rights theory and praxis. The article concludes with a reflection on some key limitations that are observable as to how far the system has been able to travel in the direction of norm leadership in human rights law.
Community-based conservation (CBC) has emerged as a practical and ethical governance approach for seeking to balance development and biodiversity objectives. Yet, despite the important role of CBC for successfully meeting these objectives across scales, the historical context from which CBC arrangements arose is often underexamined. Critically examining the roots of current dilemmas, such as relating to knowledge, participation, and representation, informs current efforts to address the future of CBC. This article presents a historical analysis of the governance framework from which CBC arose in the context of wildlife conservation in Kenya, where over 60,000 square kilometers of land now falls under CBC. Based on document analysis, expert interviews, and six years in the field, we trace a set of key governance attributes from 1895 to 2016 and examine how and why they have changed (or not changed) through time. Attributes include governing authorities, policies, and legislation, actors involved, regulated user rights, and protected areas initiated. Through this analysis, we delineate five governance eras. Three interrelated findings are notable. First, colonial worldviews that perpetuate the idea of civilization separate from nature have persisted through the present and impact the role communities are granted within conservation. Second, the agendas of international conservation actors, often rooted in colonial worldviews, drive the conservation agenda and governance approaches via financial and political influence. Third, restricted representation and donor dependence continues to limit community authority in conservation decision making despite increased legal recognition. Despite these and other complexities relating to unreconciled issues of colonialism, elitism, and centralized control, CBC in Kenya continues to increase in conservation importance and total land contributed toward conservation. Although CBC holds promise for securing biodiversity objectives in human inclusive landscapes, historical legacies continue to shape how CBC is defined and experienced in local contexts and thus requires further attention to ensure long-term success.
The chapter explores the influence of the concept of animal welfare on international biodiversity law. A close examination of the recent evolution of this branch of international law shows that animal welfare has an ambivalent place in biodiversity-related agreements. Indeed, while welfare is only a faint consideration in the development of international regimes dealing with biodiversity as a whole, the concept has become an essential element for agreements dealing with the conservation of specific endangered species. Despite its role in these agreements, the place of animal welfare in international biodiversity law highlights that this corpus of rules is currently insufficient to be an effective tool for the protection of wildlife welfare. The last section of this study suggests that the adoption of international rules aiming at ensuring the protection of wild animals’ welfare could serve the double purpose of strengthening the conservation purpose of biodiversity regimes while also filling the welfare gap of international biodiversity law.
Many Indigenous Peoples around the world find the dominant model of sustainable development disrespectful and hypocritical. The terms ‘sustainable’ and ‘development’ when combined reproduce patterns of exploitation that destroy Mother Earth while imposing a regime of colonial praxis on Indigenous Peoples and Lands under a benevolent appearance of civilization, salvation, novelty, and progress.
Sustainable development models are rooted within western paradigms (a specific set of epistemology, ontology, axiology and methodology) such as the neoliberal capitalism approach, which structures relationships with Indigenous Peoples and Land based on disrespectful relationships. In this article, we offer an approach that aspires to be decolonial. First, we examine the current model of ‘sustainable development’ through Indigenous and modernity/coloniality approaches. Second, through Indigenous Peoples’ paradigms, along with the concepts respectful inter-being-relationality and Land revitalization, we provide Indigenous perspectives on ‘sustainability’ and ‘development’ that may strengthen sovereignty and wellbeing.
Legal scholars rely heavily on vocabularies of ‘actors’, ‘agents’, and ‘experts’ to account for the fact that law does not develop by itself. However, the identities, idiosyncrasies, and individual professional contributions of law's people are rarely illuminated. This article suggests that the relative absence of people in transnational legal scholarship helps to explain some of its gaps. The task of bringing ‘human actors back on stage’ creates some new opportunities for transnational environmental law scholarship. It invites attention to both dominant and excluded voices. It offers a way of bridging the gap between the bureaucratic language of law and its lived reality. It also provides an understanding of why, despite ferocious attempts to roll back the advances of environmental law in some places, many scholars and practitioners find reason to be optimistic about the future of environmental law.
This article aims to investigate the extent to which the Bandung Conference affected the international order after the Second World War. By locating the Bandung Conference in the international order transition between 1945 until 1970, I argue that the Bandung Conference should not be treated as merely a milestone of historic anti‐colonial struggles but also a site for the emergence of a modern international order. The Bandung Conference played a key role in shaping the Westphalian interstate system that acknowledges equal sovereignty among states in world politics. From this viewpoint, this article argues that the legacy of the Bandung Conference lies in its role to mediate the transition from colonial order before the Second World War to the modern international order, which is based on sovereignty and equal status among states as the primary members. It does so by putting forward an agenda for global decolonization and delegitimizes the practices of colonialism. The diplomatic struggle after the Bandung Conference continued until the UN Declaration on the Granting of Independence to Colonial Countries and Peoples in 1960, which further locates the contribution of the Bandung Conference to the making of the modern international order as we know it in the present day.
This article demonstrates how South–South Cooperation (SSC), as it is now constituted in Southeast Asia, is little more than a liberal norm retaining only echoes of its origins in the 1955 Bandung Conference that first created SSC based on solidarity, common interests, and sovereignty. Southeast Asia is a useful case study of SSC’s evolution, as its states have been major players over the decades – with Indonesia proposing the Bandung Conference, Malaysia playing a key role in the 1980s, and Indonesia again at the forefront of the region from the first years of the new century onwards. Thailand and Singapore also have notable SSC programmes. However, the practices of SSC in the region show that it has become a liberal norm based on one key instrument – technical cooperation programmes. The process of SSC norm internalisation has occurred through a complex webbing of the interests and ideas of Southeast Asia’s states, regional dynamics, and Northern donor interests.
Cambridge Core - Political Sociology - Gift Exchange - by Grégoire Mallard
This open access book analyses the development problems of sub-Sahara Africa (SSA) from the eyes of a Korean diplomat with knowledge of the economic growth Korea has experienced in recent decades. The author argues that Africa's development challenges are not due to a lack of resources but a lack of management, presenting an alternative to the traditional view that Africa's problems are caused by a lack of leadership. In exploring an approach based on mind-set and nation-building, rather than unity - which tends to promote individual or party interests rather than the broader country or national interests - the author suggests new solutions for SSA's economic growth, inspired by Korea's successful economic growth model much of which is focused on industrialisation.
This book will be of interest to researchers, policymakers, NGOs and governmental bodies in economics, development and politics studying Africa's economic development, and Korea's economic growth model.
Current academic literature examining race and nature conservation in South Africa has relied mainly on secondary data analysis while neglecting the voices of local communities. This article draws on empirical experience to assess the extent of the impact of race and social equity in conservation, with the aim of promoting sustainable and more inclusive conservation practices in South Africa. Empirical results are drawn from different cases to examine racial equity in conservation. The findings suggest that conservation practices in post-apartheid South Africa are still exclusionary for the majority black population. Promoting more inclusive conservation is complex and requires a broader conservation agenda for more inclusivity and to genuinely tackle issues of poverty. There is a need for conservation groups to also include the previously marginalised in leadership structures and to incorporate indigenous knowledge systems. This will assist in changing the perception of marginalised people that particular
persons dominate conservation. The paper further makes specific recommendations on how conservation can become more inclusive across social and race lines.
The African Commission on Human and Peoples' Rights was inaugurated on 2 November 1987, with a mandate to promote and protect human rights in Africa. The commemoration of its thirtieth anniversary in 2017 presented another appropriate opportunity to revisit the long-standing debate on its quasi-judicial character, the status of its recommendations and its (in)ability to effectively monitor states' compliance. This article assesses the challenges associated with the Commission's seemingly 'non-binding' recommendations and the perceived effect on its mandate, and proposes two solutions for their circumvention. First, the article suggests that if non-compliance is taken broadly as a sustained infraction of states' obligations under article 1 of the African Charter on Human and Peoples' Rights and allied instruments, the Commission's recommendations can be elevated to binding African Union decisions that subsequently become enforceable under article 23(2) of the AU Constitutive Act. Second, it is proposed that where a state against which a violation has been found fails to comply with the Commission’s recommendations, the latter may institute an action before the African Court under article 5 of the Protocol Establishing the African Court against that state for non-compliance with its obligations under the Charter.
The protection of the environment is an essential part of human rights protection in Africa and of Africans’ social, cultural, and religious life for many generations. Environmental rights are recognized at the African regional level as explicit treaty norms, with normative unity with other rights and corresponding obligations. However, Africa continues to be characterized by various environmental concerns including continuous degradation of the environment, which has a negative effect on human rights. Hence, concerns relating to the environment rank highly in national and regional priorities. This chapter considers the right to a satisfactory, healthy and sustainable environment in the African regional human rights system, with particular focus on its normative development, its nature and content (including its normative unity with other rights), the correlating obligations, and enforcement (specifically by the African Commission on Human and Peoples’ Rights and the African Court on Human and Peoples’ Rights) in cases of violations.
Human Rights Courts Interpreting Sustainable Development: Balancing Individual Rights and the Collective Interest
This article uses a generally accepted conceptualisation of sustainable development that can be operationalized in a judicial context. It focuses on the individual and collective dimensions of the environmental, economic and social pillars, as well as the consideration of inter-generational and intra-generational equity. Case law from the European, African and American systems is analysed to reveal if the elements of sustainable development have been incorporated in their jurisprudence. The analysis reveals that the human rights bodies have used different interpretative methods, some more progressive than others, in order to incorporate the elements of sustainable development in the scope of their mandate, even if they do not mention the concept as such. The overall conclusion is that sustainable development has been operationalized through human rights courts to a certain extent. Sometimes, however, a purely individualised approach to human rights creates a hurdle to further advance sustainable development. The conclusion creates the impression that sustainable development is not just a concept on paper, but that it in fact can be operationalized, also in other courts and quasi-courts. Moreover, it shows that the institutional structure of human rights courts has been used in other areas than pure human rights protection, which means that other areas of law might make use of it to fill the gap of a non-existing court structure.
This article highlights the marks left on international law by Iran’s and Algeria’s early, and mid-20th century paths to re-claiming sovereignty over their petroleum reserves. It shows that Iran has significantly affected the contractual model of petroleum operations, whereas Algeria has championed the international law turn of third world internationalism. It thus hopes to shift attention from the frequently cited non-consequentialism of key moments in Third World Internationalism, such as Bandung and the NIEO to the significance of these domestic and transnational processes. While so doing, it is careful to point to the extraordinary bargaining power given to petro-states by the fossil-fuel dependent global economy, which elevated their influence in global affairs over that of other states in the Global South.
Environmental and human rights law emerged as autonomous and disconnected bodies of law with distinct normative underpinnings. Yet, these progressively evolved towards increasing normative interconnections and legal integration. This chapter historicises this evolution by retracing how concerns for environmental protection were legally framed in early environmental instruments and to what end. It then shows how these representations of environmental protection changed over time once they started being articulated in relation to human rights considerations. The analysis draws on early legislative instruments in environmental and human rights law and retrieves the competing rationales at stake in their negotiations, the diplomatic tensions that underpinned their adoptions, and the political and epistemic compromises that were struck to accommodate divergent views over environmental protection and socio-economic development embedded in broader post-colonial debates. The mainstream narrative of environmental protection as translated in modern environmental law is then problematised by demonstrating how specific concerns were accommodated while others were silenced, discarded or neglected. A dominant anthropocentric and synergistic frame emerged, which defines environmental protection as inherently beneficial to human rights. This led to a narrow focus on synergies between environmental and human rights protection, with scant attention paid to conflicts and trade-offs, as the chapter demonstrates.
Global history is predicated on connections and exchange: how connections between far-flung people, places, and objects are forged through a variety of exchanges. As world history has matured as a field, its practitioners have found the movement of commodities between peoples, places, and time a fruitful vehicle for research and teaching. Studies of 'bulk' items like salt, spices, coffee, and other globally-traded commodities abound, but few scholars have examined the role of luxury goods from a global perspective. This anthology charts the many different contexts in which luxury objects have been used across the globe, ranging from the social practices linked to these objects to their production, exchange, and consumption, as well as how these practices varied over time and space and how different societies attributed diverse meanings to the same objects. Using luxury goods as a conduit, Luxury in Global Perspective enriches our understanding of global history.
Sovereignty as territorial integrity has been recast by state legal advisors, diplomats and scholars, who employ terms and principles from international law while disregarding the content of the law. This chapter takes up the apparent permeability of borders in contemporary discourses and practices of military intervention. In spaces of alleged terrorist activity the relationship between state and territory has been called into question, and the global legal imaginary of sovereign states is separated de facto into actual sovereigns and ‘contingent’ sovereigns. The claim that ineffective internal sovereignty may justify intervention forms part of a broader reconfiguration of the relationship between sovereignty and territory. Drawing upon insights from political geography, this chapter uses ‘contingent sovereignty’ as a critical diagnosis. It focuses on contemporary practices of drone warfare and emerging justifications for intervention that are premised upon a state’s unwillingness or inability to confront internal threats. It argues that the international legal order is recast in these cartographic projections, where territory operates as a political technology for preserving certain populations.
The African Charter on Human and Peoples’ Rights (ACHPR) is the principle regional human rights treaty for the African continent. Adopted in 1981, there is now a significant body of jurisprudence and interpretation by its African Commission on Human and Peoples’ Rights and the recently established African Court. This volume provides a comprehensive article-by-article legal analysis of the provisions of the Charter as it draws upon the documents adopted by the African Commission, including resolutions, case law, and concluding observations. Where relevant, case law adopted by the African Court on Human and Peoples’ Rights, and that of other sub-regional courts and tribunals and domestic courts in Africa, are also incorporated. The book examines not only the substantive rights in the African Charter but also the work of the African Commission on Human and Peoples’ Rights and provides a full examination of its mandate. A critical analysis of each of the provisions of the ACHPR is led principally by the jurisprudence and documentation of the African Commission and African Court. The text also identifies the overall development of the ACHPR within the broader regional and international human rights legal arena.
The African Court of Justice and Human and Peoples' Rights in Context - edited by Charles C. Jalloh May 2019
Nationalism in the modern world began in European metropoles but spread throughout the world system in the form of anticolonial nationalism. While many studies have explored the former, this essay systematically examines the latter. Based upon an original database of 124 cases, we test multiple theories that might account for the origins and spread of anticolonial nationalism. We adjudicate between cultural-cognitive approaches emphasizing the discursive bases for national imaginings on the one hand and, on the other, theories that emphasize political-economic dynamics and elite conflict. Our time-series regression analysis suggests that while cultural-cognitive approaches best account for the initial wave of anticolonial nationalism, from 1700 to 1878, theories stressing political-economic dynamics and elite conflict explain anticolonial nationalism in the later wave, from 1879 to 1990. The analysis suggests that theories of nationalism need to be attentive to the historical specificity of their claims.
The OAU/African Union and International Law: Mapping New Boundaries or Revising Old Terrain? - Volume 98 - Tiyanjana Maluwa
This paper examines resource nationalism in the legal system of Indonesia under the interpretation of Articles 33(2), 33(3), and 18B(2) of the 1945 Constitution. It will describe the evolution of the meaning of resource nationalism since independence to the present day, in the context of foreign investment, to investigate the extent to which resource nationalism has benefited indigenous peoples. This paper argues that resource nationalism in the legal system of Indonesia has been driven by state-centric goals and has strayed far away from considerations of the benefits to the indigenous people (Masyarakat Hukum Adat/MHA), so as to dominantly benefit the elites of government and foreign investors. This paper will introduce a new conceptual framework in order to develop an effective argument about resource nationalism using International Human Rights Law.
This article is an Africological critique of the emergence of the right to environment and the universality of rights generally. The article draws on Third World approaches to international law, postcolonial legal theory and Bourdieu's reflexive sociology to illuminate this Africological inquiry into the emergence of the right to environment within international law.
In recent years, the academic field of international institutional law has taken a clear ‘constitutional’ turn. In this normative endeavour, liberal ‘rule of law’ ideals are being reinvigorated, translated and projected onto international organizations. This article trades this well-trodden path for a socio-legal inquiry into how the ‘rule of law’ is produced, practiced and performed in the everyday political and operational life of one specific international organization (the World Bank) during one contentious historical episode. To grasp what it means for ‘law to rule’, I argue, we need to expand our archives to the daily praxis of legality: the actors that embody it; the consciousness that drives it; the politics that rely on it; and the fragile institutional balances that give it meaning. Grounded in this pragmatist perspective, I retrace the intervention of legal expertise during the Bank’s turn to state reform in the wake of the Cold War. Descending from principles to practices, from norms to acts, from abstract heights to situated performances, the article not only strives for an enhanced understanding of the ‘rule of law’ within the World Bank, but also aims at a critical methodological intervention in the field of international institutional law.
This chapter examines the contribution of the African Commission on Human and Peoples’ Rights (1987–2018) and the African Court on Human and Peoples’ Rights (2006–2018) to the protection of human rights and the development of international human rights law. The focus of the chapter is limited to the consideration of the Commission’s contribution with respect to: decisions on admissibility of communications concerning mainly exhaustion of domestic remedies; decisions on merits of communications; adoption of resolutions, principles/guidelines, general comments, model laws, and advisory opinions; special rapporteurs and working groups dealing with thematic human rights issues; consideration of State reports and conducting on-site visits; and referral of communications to the African Court involving unimplemented interim measures, serious or massive violations of human rights, or the Commission’s findings on admissibility and merits. It also considers some difficulties faced by the African Commission and Court.
This chapter traces the trajectories of the Bandung and Pan-Africanist projects to assess the present conjuncture. It is argued that Bandung and Pan-Africanism were, first and foremost, political projects, not subservient to economics. They were ideological rallying points providing vision, hope and dignity to the struggling peoples of the periphery. They were also anti-imperialist in their conception and development, seeking to provide an alternative to imperialist integration. Yet, they were led by bourgeois forces which failed to install an auto-centric development path, and this proved to be their failure as peoples’ projects. The bourgeoisies in Asia and the proto-bourgeoisies in Africa were eventually compradorised, and thus yielding the BRICS and NEPAD projects of today, both integrationist and both subject to the logic of primitive accumulation.
In the early 1960s, the College of African Wildlife Management opened in northern Tanzania. The institution was designed to lessen the impact of decolonization by training the first generation of African wildlife wardens in the tradition of their European predecessors. The product of racialized narratives about African violence and the growth of international conservation organizations, the college could be understood as a straightforward neocolonial institution designed to perpetuate British and western influence over land and animals in East Africa. In contrast, this paper pays close attention to the circumstances and context of the college's founding, the debates over funding and control, and its institutional culture. These aspects all suggest that African governments sought to use the college as a vehicle for pursuing the Africanization of the civil service and for formalizing a contractual relationship with international organizations about mutual obligations not only to Tanzania's wildlife sector but also the country's political economy. This focus on a conservation institution created in the early days of independence demonstrates that the work of decolonization continued after independence, and that expatriate personnel and culture remained embedded in new nations, informing our narratives of decolonization, conservation, and nationalism.
This article represents a first systematic attempt to compare the institutional histories of the regional human rights systems in Europe, the Americas, and Africa. It argues that the three main regional human rights systems have enacted common scripts that have produced relatively similar institutional models across the regions under scrutiny. This is not to deny, however, the enormous variation among the systems; nor is it to deny the role of local social and political contexts in shaping them. Rather, the analysis seeks precisely to identify both the common institutional scripts and the regional particularities to render the general history of regional human rights courts and commissions-a key component of the larger history of human rights that has been largely overlooked in current debates. We argue that the dynamics of the Cold War initially shaped the bounds within which actors in each region came to realize, re-shape, and re-signify common institutional scripts. © The Author(s) 2018. Oxford University Press and New York University School of Law. All rights reserved.
Europe still retains large areas which play host to numerous native and free-functioning ecosystems and lack roads, buildings, bridges, cables and other permanent manifestations of modern society. In the past such areas were considered wastelands, whose value lay only in their potential for cultivation and economic exploitation. Today, these wilderness areas are increasingly cherished as places for rest and recreation and as important areas for scientific research, biodiversity conservation and the mitigation of and adaptation to certain climate change effects. This book provides the first major appraisal of the role of international, European and domestic law in protecting the remaining wilderness areas and their distinguishing qualities in Europe. It also highlights the lessons that can be learned from the various international, regional and national approaches, identifies obstacles to wilderness protection in Europe and considers whether and how the legal protection of wilderness can be further advanced.
Litigation as a Tool for Community Empowerment: The Case of Kenya’s Ogiek
In May 2017, the Ogiek indigenous community of Kenya successfully challenged the denial of their land and associated rights before the African Court of Human and Peoples Rights (‘the Court’). In the first indigenous peoples’ rights case considered the Court, and by far the largest ever case it has had to consider, the Court found violations of Articles 1, 2, 8, 14, 17 (2) and (3), 21 and 22 of the African Charter on Human and Peoples’ Rights (‘the African Charter’). It therefore created a major legal precedent. In addition, the litigation itself and Ogiek’s participation in the various stages of the legal process provided a model for community engagement, through which the Ogiek were empowered to better understand and advocate for their rights. This article will first explain the history of the case and the Court’s findings, and then move on to examine in further detail methods employed to build the Ogiek’s capacity throughout, and even beyond, the litigation.
Cambridge Core - International Relations and International Organisations - Constructing Global Order - by Amitav Acharya
Rights of Nature, the idea of extending legal personhood to nature, is today’s most prominent alternative to mainstream environmental governance. Proponents describe Rights of Nature as a grassroots movement of diverse actors opposing commodification of life and anthropocentric dualism of western thought. In Rights of Nature, indigenous cosmologies validate holistic models of life to overcome dualities of nature and humans. We argue this move enacts a paradoxical dichotomy between the West and the rest and, in so doing, treats rights as existing outside western history. In this article, we push against the image of Rights of Nature as a global consensus converging on the inevitability of rights. Applying decolonial, black feminist perspectives on historical mobilizations of rights, we ask how rights for nature becomes rights as natural. We trace individuals, institutions, and ideas associated with Rights of Nature, conceptualized as a Transnational Policy Network. We find tight linkages among a small number of actors, mostly from the global North, who draw on western holism and jurisprudence to present nature’s rights as an indigenous and natural alternative to western development. Rights of Nature is not just connected to the same ideas of nature and law it rejects, but through these connections Rights of Nature universalizes colonial modes of existence as natural.
The execution of Ken Saro-Wiwa and the other environmental and human rights activists in Nigeria in November 1995, represented flagrant violations of human rights. What was exceptional about this case was that the uprising, which ultimately lead to the executions, was not primarily aimed at the Government, but rather at one of the large transnational corporations, Shell Oil. The article analyses the composition of the actors and the various human rights involved in this conflict. It argues that the complexity of the conflict is shown through the wide variety of environmental NGOs, human rights NGOs, international business and organisations that were implicated in it. The article points to the interrelatedness of various human rights - and the interlinkedness to environmental issues, claiming that environmental organisations were forced’ to use rights language, while human rights organisations needed to address environmental issues. And ultimately, the business actor has publicly stated intent to observe a human rights accountability.
This book seeks to fill a gap in the existing literature by examining the role of African States in the development and establishment of the regime of the deep seabed beyond national jurisdiction (the Area) and the concept of the Common Heritage of Mankind.