Analysis

The Analysis Section of Afronomicslaw.org publishes two types of content on issues of international economic law and public international law, and related subject matter, relating to Africa and the Global South. First, individual blog submissions which readers are encouraged to submit for consideration. Second, feature symposia, on discrete themes and book reviews that fall within the scope of the subject matter focus of Afronomicslaw.org. 

Digital Solidarity in the Sharing Economy

Digital solidarity and the sharing economy may seem like natural companions. To be sure, the sharing economy with its melding of community and commerce has the potential to be a key contributor to digital solidarity in developing economies. Both concepts revolve around the idea of collaboration, sharing resources and funds, community-building, the network effect, increasing trust between strangers, and the leveraging of digital technologies for the greater good. In this blog post, we consider how the sharing economy can contribute to digital solidarity in a developing economy; the barriers to the sharing economy doing so; and if unchecked how it can distort an economy. On that basis, we seek to propose a tentative legal policy for developing economies.

Dismantling Epistemic Violence and Eurocentrism in the Teaching and Research of International Law in the Global South: A Reflection

One of the sites where the legacies of colonialism continue to be perpetuated in the Global South is the law classroom. In the teaching and research of international law, ‘mainstream’ narratives of international law are privileged as the Subject, and critical international law scholarship is treated as the Other.

What does success look like for MC13?

Having attended two-thirds of the WTO’s ministerial conferences, I have been reflecting on why they have failed. In most cases it comes down to an abuse of process and bullying by more powerful Members, sometimes with collusion from the chair and the secretariat, leaving developing countries with two choices: capitulation or denial of consensus.

Digital Solidarity in Action: Paving the Way for Collective Resolution of Sovereign Debt Crises

This post seeks to unravel the intricate dimensions of digital solidarity in the face of crises, with an explicit concentration on the predicaments associated with sovereign debt. It argues that digital platforms have great potential to encourage shared responsibility and facilitate collective action to resolve sovereign debt crises. Through the employment of technology to close gaps, smoothen communication, and facilitate collaborative problem-solving, digital solidarity might lay the groundwork for creating internationally endorsed solutions to sovereign debt crises, thus fostering a more robust and inclusive global economic environment. In addition, the post will examine the challenges of digital solidarity in addressing sovereign debt crises. It will examine the underpinnings of international law and policy, exploring how they may influence or shape the notion of digital solidarity and aims to conceptualise effective strategies to mobilise digital solidarity in crisis response and debt resolution. By shedding light on the transformative power of digital solidarity as a practical tool for global economic reform, this post aspires to contribute to a more balanced and resilient global economy. This post argues that harnessing digital solidarity can lead to more equitable solutions to sovereign debt crises.

Digital Citizenship and Digital Solidarity in Africa

The growth in the popularity of the internet around the world, as evidenced by growing user numbers, particularly in Africa, has enabled citizens to harness its power as a tool of agency, creating new global and transnational spaces for civic participation, advocacy, and social change. Digital technologies have become crucial tools for African citizens to highlight concerns, claim rights, and demand social justice. At the centre of this digital transformation are two key and interconnected concepts: (i) digital citizenship to claim rights; and (ii) digital solidarity to act collectively to secure social change. These twin concepts highlight that citizens exercise their rights and collectively support each other in the digital realm. This post reflects on how these two concepts manifest in the African context and how they are shaping the continent’s socio-political landscape.

At the Intersection of Climate Change, AI, and Human Rights Law: Towards a Solidarity-Based Approach (Part 2)

Across the world, public attention has increasingly turned towards two challenges of global proportions: the catastrophic and unequal impacts of climate change and the kinetic development and deployment of artificial intelligence (AI) technologies. Driven by an extractivist growth-oriented economic system with roots traceable to the colonial encounter, climate change has left the world teetering on the edge of ‘irreversible’ breakdown, with marginalised communities particularly impacted by its inequitably distributed and existentially destructive effects. At the same time, fuelled by the extraction of vast amounts of raw materials and data, AI technologies have ushered in intensified forms of surveillance, control, and discrimination dominated by a small number of large technology companies, which have accumulated forms of ‘structural power’ that enable them to influence and circumscribe how communities, corporations and States interact and relate with one another. Despite the intersecting nature of climate change and AI technologies, policymaking has tended to remain remarkably compartmentalised. The EU’s Digital Services package, for example, is notable for neglecting to expressly confront the environmental and sustainability concerns of digital platforms. Where intersections are acknowledged, the relationship is often perceived to be harmonious – with AI invoked as a technological saviour for society’s ecological challenges. While amendments to the EU’s proposed AI Act signal some movement towards confronting the environmental concerns of AI technologies, tensions between the two tend to be defined in narrow technical terms focused on energy costs.

The $11 Billion Dollar Question in The Federal Republic of Nigeria v. Process & Industrial Development: A Cultural Analysis

“You want to tell us you don’t want to sow, you want to reap” asked the Nigerian appointed arbitrator, Chief Bayo OJO, during oral argument in the arbitration proceedings, to which Nigerian counsel, Chief Ayorinde, responded: “You cannot reap where you do not sow. That is a very Nigerian saying.” (Nigeria v. Process & Industrial Development, para. 360). The Chair of the Tribunal, Lord Hoffmann, then intervened with his own cultural reference and said: “There is a passage in I think it is Shakespeare’s Henry VI where one of the rebels says: ‘Isn’t it terrible that people should be able to get into such trouble just by signing a document? Let’s kill all the lawyers.’” (Nigeria v. Process & Industrial Development, para. 360). Perhaps, underneath all the arbitral extravagance and incalculable network of disturbing corruption lurks a least appreciated cultural milieu worth $11 billion dollars.

At the Intersection of Climate Change, AI, and Human Rights Law: Towards a Solidarity-Based Approach (Part 1)

Across the world, public attention has increasingly turned towards two challenges of global proportions: the catastrophic and unequal impacts of climate change and the kinetic development and deployment of artificial intelligence (AI) technologies. Driven by an extractivist growth-oriented economic system with roots traceable to the colonial encounter, climate change has left the world teetering on the edge of ‘irreversible’ breakdown, with marginalised communities particularly impacted by its inequitably distributed and existentially destructive effects. At the same time, fuelled by the extraction of vast amounts of raw materials and data, AI technologies have ushered in intensified forms of surveillance, control, and discrimination dominated by a small number of large technology companies, which have accumulated forms of ‘structural power’ that enable them to influence and circumscribe how communities, corporations and States interact and relate with one another. Despite the intersecting nature of climate change and AI technologies, policymaking has tended to remain remarkably compartmentalised. The EU’s Digital Services package, for example, is notable for neglecting to expressly confront the environmental and sustainability concerns of digital platforms. Where intersections are acknowledged, the relationship is often perceived to be harmonious – with AI invoked as a technological saviour for society’s ecological challenges. While amendments to the EU’s proposed AI Act signal some movement towards confronting the environmental concerns of AI technologies, tensions between the two tend to be defined in narrow technical terms focused on energy costs.

Emerging Community Values and Solidarity in the African Digital Economy

The African Continent Free Trade Area (‘AfCFTA’) Protocol on Digital Trade (AfCFTA DTP) presents a significant opportunity to strengthen African digital solidarity. It could also advance a cohesive and strong African consensus and voice on digital trade regulation. This is especially significant, as Africa is relatively silent in global digital trade dialogues today. Building on the international law concept of international community and its African philosophical equivalent, Ubuntu, we offer a framing device to anchor digital solidarity and develop robust and inclusive Africa-centred digital trade norms. We first explore the relevance of community values in developing a regulatory framework for cross-border data flows in trade agreements, and then examine how shared values and digital solidarity can facilitate the development of a cohesive privacy and data protection regulatory framework in Africa.

(Digital) Solidarity as a Collectively Performed Imaginary and its Challenges

Despite such threats, (digital) solidarity against injustice is being formed incrementally across the globe. Our contribution aims to shed light upon digital solidarity as a space where multiple imaginaries are formed and where some visions emerge as dominant, whilst others are invisiblised. In other words, we ask: has the MSF movement brought about adequate awareness of the current situation that torments Iranian women, or are the photos themselves distracting us from truly recognising the historical trends that have led to the build-ups of structural injustices over time? How are the systemic injustices that trigger the claim to different rights through digital solidarity articulated in framing the narrative and process of meaning-making?