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Chapter 6 expands on African legal cosmologies by demonstrating what it is that the world has missed out on by not incorporating customary law, ethics, and Indigenous norms from the Global South much earlier into the jurisprudence on sustainable development. The different senses of the legal dimensions of the concept of sustainable development as embedded in non-positivist legal traditions and thinking about law differently have tremendous potential to ensure that the sustainable development becomes effectively local, a concern that must engage the attention of international law scholars. This is where eco-legal philosophies and ecological integrity interact to found ecological law which involves reorganising the law–ecology nexus by retrenching the overbearing dominance of Eurocentric law on the planetary community and its disproportionate dominance in the humanity–nature nexus. In this respect, the renewed normativity of sustainable development as ecological integrity recalibrates law as a subset of a universal whole where law is appropriately located within, and not external to, nature. This remedial task is made possible by forging a beneficial interconnection between customary law, ethics, and Indigenous norms guided by the awareness that sustainable development reflects legal pluriversality and a significant feature of alternative legal ontologies.
Chapter 3 analyses the normativity of sustainable development in international law and politics as expressed beyond the questions on its present (domestic) manifestations or the endless struggle to place the concept within general legal (normative) registers. It highlights how international law tends to subordinate non-Western experiences in its elevation of sustainable development into a global standard. What emerges from this process is that the more the world pursues sustainable development in its current form, the more we unwittingly contribute to the global dissemination of a particular strand of Eurocentrism. Sustainable development thus reveals itself as an amalgam of power and knowledge while simultaneously establishing itself as a vital component in international legal governance. What emerges in this chapter is that, although the concept of sustainable development is always at the forefront of international public discourse, little is done, in fact, to achieve its presumed objectives. Thus, while sustainable development’s quick ascent to become a universalist concept is central to this book, the concept’s character must be understood as quietly operating to mute global ecological violence that disproportionately affects marginalised peoples in the Global South.
Drawing on their own field studies, the authors examine how state and local actors involved in resource management and peacebuilding activities are implicated in the conflict between farmers and herders in Plateau State, Nigeria, and Central Darfur State, Sudan. The authors show that state officials, traditional chiefs, and security agents intensified the conflict by perpetuating the inequitable distribution of resources needed for the survival of farmers and herders, while promoting a peacebuilding process that empowered some groups and disempowered others. The divisive role state and local actors played accentuated the socio-political grievances underlying the conflict and enervated the peacebuilding process.
This original book analyses and reimagines the concept of sustainable development in international law from a non-Western legal perspective. Built upon the intersection of law, politics, and history in the context of Africa, its peoples and their experiences, customary law and other legal cosmologies, this ground-breaking study applies a critical legal analysis to Africa's interaction with conceptualising and operationalising sustainable development. It proposes a turn to non-Western legal normativity as the foundational principle for reimagining sustainable development in international law. It highlights eco-legal philosophies and principles in remaking sustainable development where ecological integrity assumes a central focus in the reimagined conceptualisation and operationalisation of sustainable development. While this pioneering book highlights Africa as its analytical pivot, its arguments and proposals are useful beyond Africa. Connecting global discourses on nature, the environment, rights and development, Godwin Eli Kwadzo Dzah illuminates our current thinking on sustainable development in international law.
The Seventh Dalai Lama's residence at Gartar Monastery, which began in 1730, greatly affected the relationship between the Kham region and the Tibetan government as well as the Qing court's control over Kham. The Dalai Lama's interactions with various indigenous leaders, local monasteries, monks and lay people increased the influence of the Geluk school in Kham, and also inspired their support for the Dalai Lama. Measures adopted by the Qing court to protect the Dalai Lama, such as stationing troops and inspecting checkpoints, also strengthened Qing control of Kham. After the Dalai Lama left for Tibet in 1735, Gartar Monastery continued to serve as a religious and cultural centre of northern Kham, with the purpose of “civilizing” and “enlightening” the neighbouring regions that were far away from the political centre. Successive abbots of Gartar Monastery – right up to 1920 – came from Drepung Monastery in Lhasa; they and the Gartar monks influenced, interfered with and controlled the local affairs of Gartar and other regions in Kham. In particular, in the late nineteenth and early twentieth centuries, Gartar Monastery, together with the Tibetan commissioner in Nyarong, was able to assist in the Tibetan government's efforts to extend its sphere of influence in Kham.
Education is a prerequisite for the attainment of sustainable development, with multiplier effects on society. This study examines the possibility of achieving inclusive and equitable education under the UN Sustainable Development Goal (SDG) 4, AU Agenda 2063 and ECOWAS Vision 2050. Copyright plays an essential role in either encouraging or barring access to educational materials, which are necessary for the attainment of SDG 4. Through a desk study using the laws and policies of English-speaking West African countries (Gambia, Ghana, Liberia, Nigeria and Sierra Leone), the article examines the copyright laws of these jurisdictions in order to determine how they facilitate or stop access to knowledge. It finds that most of the jurisdictions (except Nigeria) have not maximized the flexibilities available for access to knowledge through copyright limitations and exceptions, thereby barring access to educational materials. It recommends a review of national copyright legislations in line with a developmental perspective.
The literature on freed Africans who returned from Brazil to West Africa in the nineteenth century has emphasized the centrality of Catholicism in Aguda identity, treating Islam as a marginal consideration despite its role in catalyzing the returnee movement. This article argues that Muslims formed an important component of the returnee population throughout the century. Taking as a case history the life of Saliu Salvador Ramos das Neves, a returnee who founded one of Lagos’s oldest mosques, the paper reconstructs his trajectory on both sides of the Atlantic. The analysis begins with the political context of his enslavement, moving on to his life in Bahia, Brazil, where he witnessed an important Muslim uprising, purchased his freedom, and formed a family with whom he emigrated to Lagos in 1857. In Lagos, he acquired land, expanded his family and household, and became an important leader among Muslim returnees. The article’s final section presents evidence that even after returning to Lagos, Saliu Salvador maintained commercial and affective ties to Brazil, as did many other Aguda Muslims. Some of those who engaged in trade were religious leaders, a fact that demonstrates Islam’s importance in the dynamics of the Black Atlantic.
South African municipalities are entrusted to perform various functions, including providing basic services to communities. Recently, the auditor-general has raised concern about municipalities’ overall functionality and ability to fulfil their obligations. Municipalities’ service delivery failures have led to disputes between them and their communities. Moreover, South African courts have drawn attention to the impact of service delivery failures and described their catastrophic and devastating effects on communities and their local economies. In addition, it is said that the consequences of these municipal failures are more severe for the communities than any other stakeholder. For this reason, communities require legal options to resolve such disputes. This article puts forward two legal options (and potentially a third) to which communities can turn. The article examines mediation and structural interdicts and argues why these options are suitable methods for resolving disputes between a community and its municipality.
Some of humanity's earliest ancestors lived in southern Africa and evidence from sites there has inspired key debates on human origins and the emergence of complex cognition. Building on its rich rock art heritage, archaeologists have developed theoretical work that continues to influence rock art studies worldwide, with the relationship between archaeological and anthropological data central to understanding past hunter-gatherer, pastoralist, and farmer communities alike. New work on pre-colonial states contests models that previously explained their emergence via external trade, while the transformations wrought by European colonialism are being rewritten to emphasise Indigenous agency, feeding into efforts to decolonise the discipline itself. Inhabited by humans longer than almost anywhere else and with an unusually varied, complex past, southern Africa thus has much to contribute to archaeology worldwide. In this revised and updated edition, Peter Mitchell provides a comprehensive and extensively illustrated synthesis of its archaeology over more than three million years.
Post-cessation nationhood in South Sudan presented a paradoxical situation: a country united during struggle is fragmented after independence. Among the triggers for this scenario was the death of Dr John Garang de Mabior—the country’s founding father. This article is a multidisciplinary semiotic critique of Akuol de Mabior’s film, No Simple Way Home (2023), against the history of South Sudanese nationhood. Without claiming a political scientific analysis, the author proposes that South Sudan’s crisis of nationhood is symptomatic of a quest for a unifying icon. He theorizes the protagonist’s quintessence of motherhood as a semiotic gesture of her de jure iconicity of unified nationhood.