In this contribution, we demonstrate how the so-called Green Deals initiatives which espouse an increasing drive to “catalyze” private financing by using public resources, including development assistance, may create perverse impacts on sustainable development in developing countries. The move may mean an overarching shift towards reliance on private sector to provide public infrastructure and services in ways that ensure a return for the private sector through buy-back guarantees and favourable contractual conditions. Such moves may create contingent liabilities on developing countries in addition to diverting public resources towards the private sector, including foreign investors, and undermining public oversight.

In this contribution, the author makes three claims. First, just transition interventions around the world are dominantly insular and ‘State-first’. The dominance of nationalist just transition policy making is evident in the America-first emphasis of the US Inflation Reduction Act (IRA) and the EU-first tilt of the European Green Deal (EGD). Second, the insular nature of just transition policies is hallmarking a new epoch of global injustice that, if not cauterized and dealt with early (if not already late), will become a major sphere of global inequality. Third, human and ecological wellbeing as an organizing principle, and differentiation as an implementation framework, will be key to any meaningful attempt to inject the ‘global’ into just transition.

Afronomicslaw and The South Centre are delighted to collaborate on this webinar where our Panelists will reflect on some of the most topical issues under the broad umbrella of geopolitics of reforms, Africa and the WTO. Please join us as we reflect on the MC13, reform of the WTO DSM and implications for Africa, Africa in an era of renewed industrial policy, sustainable trade in Africa among others.

In summary, as stakeholders gather and discuss at the COP28 summit in Dubai, it is important for them to bear in mind that while debt-for-climate or ecological debt for fiscal debt swaps offers a promising approach to addressing debt and climate challenges simultaneously, they need to be implemented with careful attention to transparency, accountability, and integrity. Otherwise, it could become just another pathway to facilitate IFFs in Africa, which have the potential to undermine the fiscal benefits that should ordinarily result from these swaps.

In July 2023, Prof Okafor presented a revised version of a document which has formed a key part of the mandate’s work since its establishment in 2005, namely the Draft Declaration on the Right to International Solidarity. This document defines international solidarity as ‘an expression of unity by which peoples and individuals enjoy the benefits of a peaceful, just and equitable international order, secure their human rights and ensure sustainable development’ (draft art 1(1)). It goes on to specify that both individuals and peoples have a right to international solidarity, meaning ‘a right of individuals and peoples to participate meaningfully in, contribute to and enjoy a social and international order in which all human rights and fundamental freedoms can be realized’ (draft art 4(1)). The Declaration outlines a number of corresponding duties, one of which is the state obligation to ‘to take steps within their respective capacities to facilitate the protection of actual and virtual spaces of communication, including access to the Internet and infrastructure, in order to enable individuals and peoples to share solidarity ideas’ (draft art 8(3)). In this post concluding the Special Symposium ‘You’re Not Alone: Normative Debates on (Digital) Solidarity in International Law and Policy’, we hear Prof Okafor’s reflections on a variety of themes concerning the intersection between the digital sphere, human rights and international solidarity in light of the above work and beyond.

International criminal practice reflects biases toward high-resource languages, affluent states, and prestigious institutions. Along with its many benefits, digitalization of international criminal evidence has begun to further entrench some of the distance between differentially situated individuals. This post seeks to address the role that digital solidarity should play in the collection and analysis of international criminal evidence. Incorporating aspects of digital solidarity into the field of international criminal law would help address asymmetries in public international law and the digital realm through anchoring digital spaces and connectivity to such spaces in universal human rights and combatting the so-called “digital divide.” Through integrating aspects of digital solidarity into the field of international criminal law, legal practitioners can work to prevent the systematic relegation of already marginalized voices

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.

Amidst all this, Ethiopia's reputation with foreign credit agencies continues to suffer as a result of the national treasury's declining foreign exchange reserves. The downgrade of Ethiopia's long-term foreign-currency issuer default rating to “CC” from “CCC-” by Fitch Ratings has brought attention to this financial vulnerability. With Ethiopia's external cash dwindling and major gaps in external funding, Fitch downgraded the country, raising the possibility that default is imminent. The Fitch assessment states that although China has offered to postpone Ethiopia's debt service obligations for a year, it anticipates that these bilateral negotiations will not be "sufficient to address the large financial gaps and improve debt sustainability."

The AfSDJN notes that Zambia’s experience continues to prove the case for a new comprehensive, fair and effective sovereign debt restructuring mechanism based in the United Nations that would be binding on all creditors, including commercial creditors, and that would make it difficult for hold-out creditors to prevent sovereign debt workouts.