LDRN member publications – July 2020

Patience N. Agwenjang, The Tussle with Constitutionalism and the Rule of Law: The Case of Cameroon,  School of Oriental and African Studies Law Journal, Vol. VII(I), 2020

Patience N. Agwenjang, COVID-19: Rethinking Emergency Preparedness and Response in Cameroon, Participedia – COVID-19 Response Collection, May 2020
 

Gamze Erdem Türkelli, Official Development Assistance (ODA), Aid Dynamics and Sustainable Development, in Walter Leal Filho et al (eds), Encyclopedia of the UN Sustainable Development Goals: Partnership for the Goals, Springer2020p. 1-13

The IEL Collective launches conversations on COVID-19 and international economic law

The IEL Collective has recently developed a bank of resources on international economic law, including blogs, articles and a YouTube channel called The IEL Collective Conversations, which is currently focused on exploring different dimensions of the COVID-19 pandemic and international economic law.  These resources can be found here.

The IEL Collective and its members have also produced a series of articles on The IEL Collective Medium Publication on COVID-19 and IEL, including ‘International Economic Law and COVID-19’ by The IEL Collective; ‘Subverting the Logic of Utilitarianism in Times of COVID-19’ by Gamze Erdem Türkelli; ‘International Public Finance and COVID-19: A New Architecture is Urgently Needed’ by Celine Tan and ‘COVID-19 and the Precarity of International Investment Law’ by Daria Davitti, Jean Ho, Paolo Vargiu and Anil Yilmaz Vastardis.

The IEL Collective was launched at its inaugural conference in November 2019 to provide a space for critical reflection on the complex interactions in the growing field of international economic law. The Collective currently has 12 partner institutions from 10 universities from the UK, Sweden and Colombia, including LDRN partners Warwick Law School and Cardiff Law and Global Justice. The Collective aims to explore how epistemological and methodological diversity in the discipline can contribute towards the development of a more holistic landscape of scholarship on law and the governance of the global economy. The community would like to stimulate conversations about plurality, representation and criticality in researching, teaching and practising international economic law and spark new conversations about the future of the discipline. 

The Collective welcomes contributions by scholars, practitioners and anyone else interested in the relationship between law and the global economy. Please email: ielcollective [at] warwick.ac.uk or check out @iel_collective on Twitter.

Dr. Jeff Handmaker (ISS) publishes new work on legal mobilization and Palestine

Over the past few months, Dr. Jeff Handmaker of the International Institute of Social Studies (ISS), an LDRN partner institution, has (co-)authored a number of new publications on the theme of legal mobilization, with a focus on Palestine.

In May 2020, his chapter on ‘Lawfare against Academics and the Potential of Legal Mobilization as Counterpower’ appeared in the book Enforcing Silence: Academic Freedom, Palestine and the Criticism of Israel, edited by David Landy, Ronit Lentin, and Conor McCarthy (London: Zed Books, pp. 233 – 260).

Together with Alaa Tartir (IHEID, Geneva), he also contributed a piece on The (Non) Effects of Oslo on Rights and Status to a Symposium on the ICC and Palestine on the widely-read international law blog OpinioJuris .

Finally, Dr. Jeff Handmaker also addressed his research to the International Criminal Court as lead drafter of an Amicus Curiae brief on the question of the Court’s jurisdiction on Palestine, on behalf of Geneva-based organization International-Lawyers.

Dr. Jeff Handmaker is Senior Lecturer in Law, Human Rights and Development at the International Institute of Social Studies (ISS). He is an LDRN member and co-represents ISS within the network. 

LDRN member publications – May 2020

Victor Udemezue Onyebueke et al, Evicting the poor in the ‘overriding public interest’: Crisis of rights and interests, and contestations in Nigerian cities, Cities, Vol. 101, June 2020, 102675 (open access until 19 June 2020)

Maryna Rabinovych, Where Economic Development Meets the Rule of Law? Promoting Sustainable Development Goals Through the European Neighborhood Policy, Brill Open Law, Vol. 2, No. 1 (2020), pp. 140 – 174 (open access)

Apollin Koagne Zouapet & Misha Ariana Plagis, Braamfontein encroaching? An internationalist reading of the South African Constitutional Court judgment on the SADC Tribunal, South African Journal on Human Rights, Vol. 35, No. 4 (2019), pp. 378-403 (published online April 2020)

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LDRN members are welcome to announce their latest publications via this list – please send references and links to the Editor by the final Monday of the month.

New research report: Dr. Carolien Jacobs & Bernardo Almeida, “Land and climate change: Rights and environmental displacement in Mozambique” (Van Vollenhoven Institute for Law, Governance and Society, 2020)

Dr. Carolien Jacobs & Bernardo Almeida, Land and climate change: Rights and environmental displacement in Mozambique, Van Vollenhoven Institute for Law, Governance and Society, Leiden, The Netherlands, 2020

Using the aftermath of Cyclone Idai in Mozambique as a case study, this socio-legal research report aims to provide a better understanding of how the dynamics of environmental displacement impact land rights and conflict, and the role of international and national legal frameworks in addressing land-related problems caused by this displacement.

Mozambique is a country prone to natural disasters such as floods and cyclones – risks which are increasing with climate change. Resettlement is the major solution undertaken by the government to reduce the number of people living in high-risk areas. But how does resettlement take place? Are people satisfied with their new places of living? Are they compensated for their loss of property and livelihoods? And what about the people who were already using the land allocated for resettlement?

This report, based on both a desk study and empirical research in Mozambique, discusses these questions and shows the realities on the ground. The authors argue that:

  • Gaps in legal protection frameworks should be addressed, especially in relation to expropriation processes;
  • People’s longer-term needs in displacement should be addressed to ensure that resettlement is a durable solution;
  • Collaboration between humanitarian and development actors, as well as considerable resources, are required to address these needs; and
  • Close attention should be paid to relations between old and new settlers at resettlement sites to avoid tensions.

Dr. Carolien Jacobs, an LDRN member, is Assistant Professor at the Van Vollenhoven Institute for Law, Governance and Society at Leiden Law School, an LDRN partner institution. Bernardo Almeida is a PhD candidate at the Van Vollenhoven Institute.

The report is available on the Leiden University website.

LDRN member publications: March – April 2020

Deborah Casalin, First UN human rights decision on climate migration – a modest step forward, OpenGlobalRights, 26 March 2020

Gamze Erdem Türkelli, The Best of Both Worlds or the Worst of Both Worlds? Multilateral Development Banks, Immunities and Accountability to Rights-Holders, Hague Journal on the Rule of Law (2020), 1 – 31 (open access)

Gamze Erdem Türkelli, Subverting the logic of utilitarianism in times of Covid-19, The IEL Collective, 10 April 2020

Arpitha Kodiveri, Marching against India’s discriminatory Citizenship Amendment Act, OpenGlobalRights, 2 April 2020

David Lempert, Germany’s Rule of Law Interventions Need to Follow the Laws, Principles and Measures that Germany Claims to Promote, Law, Social Justice and Global Development, Issue 24, 2019, pages 150-153. 

Regis Y. Simo, Trade in services in the African Continental Free Trade Area: Prospects, Challenges and WTO Compatibility, 23(1) Journal of International Economic Law (2020) pp. 65-95 (open access)

Ajla Skrbic, Immunity of Heads of State under Constitutional Law, in  Rainer Grote, Frauke Lachenmann & Rüdiger Wolfrum (eds) Max Planck Encyclopedia of Comparative Constitutional Law, Oxford University Press, Oxford, 2020

Celine Tan, International Public Finance and COVID-19: A New Architecture is Urgently Needed, The IEL Collective, 17 April 2020

Wouter Vandenhole, Decolonising children’s rights: of vernacularisation and interdisciplinarity, in Rebecca Budde & Urszula Markowska-Manista (eds) Childhood and Children’s Rights between Research and Activism, Springer, Berlin 2020, pp. 187 – 206.

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LDRN members are welcome to announce their latest publications via this list – please send references and links to the Editor by the final Monday of the month.

New book: Dr. Gamze Erdem Türkelli, “Children’s Rights and Business: Governing Obligations and Responsibility” (Cambridge University Press, 2020)

Children’s Rights and Business: Governing Obligations and Responsibility, Gamze Erdem Türkelli (Cambridge University Press, 2020)

Children’s Rights and Business: Governing Obligations and Responsibility is a comprehensive legal inquiry into children’s rights and business. Relying on insights from various disciplines, the book illustrates the need for a children-focused inquiry on business and human rights. An analysis of the norm legalization process around the regulation of business and human rights, particularly of children’s rights follows the inquiry into existing hard and soft law regulatory frameworks on children’s rights and business. The book goes on to evaluate the promise of these frameworks in light of globalized business transactions through the lens of in-depth case illustrations on children’s rights in cotton and mineral supply chains and children’s rights in large-scale energy and transport investment projects. Finally, it concludes with a normative outlook on governing the children’s rights obligations of businesses and responsibility when violations occur, drawing on global governance approaches.

Dr. Gamze Erdem Türkelli, an LDRN member, is a Research Foundation-Flanders (FWO) appointed post-doctoral researcher at the University of Antwerp Law Faculty – Law and Development Research Group (an LDRN partner institution).

New book: Dr. Kinnari Bhatt, “Concessionaires, Financiers and Communities: Implementing Indigenous Peoples’ Rights to Land in Transnational Development Projects” (Cambridge University Press, 2020)

Concessionaires, Financiers and Communities: Implementing Indigenous Peoples’ Rights to Land in Transnational Development Projects, Kinnari Bhatt (Cambridge University Press, 2020)

Unrelenting demands for energy, infrastructure and natural resources, and the need for developing states to augment income and signal an ‘enterprise-ready’ attitude mean that transnational development projects remain a common tool for economic development. Yet little is known about the fragmented legal framework of private financial mechanisms, contractual clauses and discretionary behaviours that shape modern development projects. How do gaps and biases in formal laws cope with the might of concessionaires and financiers and their algorithmic contractual and policy technicalities negotiated in private offices? What impacts do private legal devices have for the visibility and implementation of Indigenous peoples’ rights to land? This original perspective on transnational development projects explains how the patterns of poor rights recognition and implementation, power(lessness), vulnerability and, ultimately, conflict routinely seen in development projects will only be fully appreciated by acknowledging and remedying the pivotal role and priority enjoyed by private mechanisms, documentation and expertise. This book:

  • Introduces the phenomenon of transnational development projects as a new field for multi-disciplinary research, policy making and corporate practice
  • Provides fresh, rigorous and real-life case study and documentary illustrations into the interfaces and tensions between technical, algorithmic and hidden contractual and policy mechanisms, neoliberal values and the implementation of customary rights to land
  • Provides practical recommendations for a preventative remedial agenda that can inform those engaged in private sector development, the implementation of land rights issues, and business and human rights

Dr. Kinnari Bhatt is a postdoctoral researcher on the research project ‘integrating normative and functional approaches to the rule of law and human rights’ (INFAR). The project is a cross-disciplinary initative of  the Erasmus University School of Law in Rotterdam and the International Institute of Social Studies in the Hague (an LDRN partner institution).

To obtain a 20% discount on this book, order via Cambridge University Press using the code BHATT2020

New book and online course on mining and development by Tracy-Lynn Field, University of the Witwatersrand School of Law (Edward Elgar Publishers / edX)

State Governance of Mining, Development and Sustainability (Edward Elgar Publishers, 2019)

States in mineral-rich jurisdictions promote mining as a development industry, and at the same time attempt to protect people and the environment from the worst excesses of extractivism and neo-extractivism. Exploring how the State’s role in facilitating a developmental and sustainable mining industry has been defined, this book provides a world-first global, comparative analysis of the principal narratives framing mining, development and sustainability in developed and developing countries. The book illustrates how these themes are woven into technical governance areas of property, taxation, environmental assessment and mine closure. Ultimately, this book shows how the promotional and protective role of the State constituted by the advocacy, policies and laws of international financial institutions, industry associations, activists, and mineral-rich jurisdictions supports an unsustainable system of global mining production. 

Mining for Development: The Taxation Linkage (online course, edX.org)

Tax revenues are likely to be the core benefit of mineral extraction for host States. To promote mining for development, States must design mineral fiscal regimes that consider the interests of a wide range of stakeholders. Their choices have major implications for public finance, development and sustainability. This course will help policy makers, managers in private sector companies, and activists understand these choices and their implications.

This book and online course were authored by Prof. Tracy-Lynn Field of University of the Witwatersrand School of Law (an LDRN partner institution).

New book publication: Advocating Social Change Through International Law, Daniel Bradlow and David Hunter (eds) (Brill Publishers, 2019)

Advocating Social Change Through International Law, Daniel Bradlow and David Hunter (eds) (Brill Publishers, 2019)

This book explores the use of hard and soft international law in advocating for social change. Using case studies rooted in inter alia human rights, international crimes, environmental protection, public health, and financial regulation, the book focuses on both state and non-state actors’ strategic choices regarding the use of hard and soft international law in advocating for social change. Looking through the social change lens provides new insights into the interplay between soft and hard international law, the perceived costs and benefits associated with hard and soft international law in different contexts, and the factors affecting the effectiveness of hard and soft approaches to international law.

This book was co-edited by Daniel Bradlow of the University of Pretoria Centre for Human Rights (an LDRN partner institution), and was launched at the 4th Annual LDRN Conference at the Humboldt University Law Faculty, Berlin.