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The Introduction sets the context for the book and outlines the importance of its focus on sustainable development in international law. It offers background details and speaks to the inspiration for this book. These motivations derive from my professional experiences and research on international and environmental law in Africa and elsewhere. These experiences shaped my reflections on the history, the present state, and the future of the legal dimensions of the concept of sustainable development within international law.
Chapter 1 is a discussion of the scope of the concept of sustainable development. It examines the multiple dimensions of the concept and how these different angles to this concept have contributed to both its advance and decline in the law. This conceptual challenge accounted for the concept’s poor meaning and considerably poor performance. This chapter also provides insights into theoretical and methodological considerations underpinning this book, including the choice of Africa as the pivot of analysis and Third World Approaches to International Law as a scholarly approach.
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.
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.