International Relations

It is my humble opinion that the current syllabus does not represent either the vision of South Asian University nor the Universal human welfare oriented understanding of Jurisprudence. Kindly do not treat it as a complaint it is an opportunity exercised by a fellow academician in discharging the human cum intellectual social responsibility. Especially, for the benefit of present and future generations of student fraternity.

These are some reflections I hope will be valuable to anyone who is committed to facing the challenge of making international legal education relevant given the significant changes we, as people concerned with issues related to global justice, are living. International legal education has undoubtedly much to say in such an “eternal” crisis, one we feel is affecting social relations at national and international levels.

Legal education has begun in Myanmar since 1878 under the administration of British Colonial Government. Rangoon (Yangon) College was founded as an affiliation of Calcutta University (CU), India in 1884-1885. British Government passed the University of Rangoon Act in 1920 through which the University of Rangoon was founded and has come into existence.

The Central Asian States should learn to rely on international law, more proactively and consistently, as a tool for advancing their lawful interests, and for maintaining regional and international peace and security. Kazakhstan’s recent membership in the UN Security Council (2017-2018) was an excellent occasion to promote respect for international law at the regional level. Other recent examples of such reliance include the adoption of a Convention on the Legal Status of the Caspian Sea in 2018, or an ongoing reform of criminal law and procedure in Uzbekistan.

In fulfilling this 'global' role, I highlight a growing propensity of sub-national governments to challenge the status quo. More importantly, I argue that as the intermestic nature of trade and investment norms are becoming more evident, the COVID-19 Pandemic offers us an opportunity to reflect on the changing role of sub-national governments as activists and sites of resistance against inequalities in international trade and investment rules.

Tension between investment protection and right to regulate has not been resolved yet and it is even more dangerous when States take measures in order to target health, social and economic effects of the covid-19 pandemic. Facing investor-State dispute resolution reform, an approach from Martha Fineman's vulnerability theory is imperative. Placing human being (vulnerable subject) as the center of the analysis, right to regulate protection should be a pre-stage for building resilience from social institutions. Therefore, States would not be at risk of compromising their budgets in international arbitration or experiencing “regulatory chill

Our ethical conundrum as we think about issues of global distributive justice in the post-pandemic era is that social contract theory fails to provide an adequate framework for conceptualizing duties and obligations of international organizations to individuals, as opposed simply to their member states. The tension comes from the fact that people intuitively have a sense of justice which is offended by the manner in which power is wielded by those at the helm of the global financial order to place the interests of international organizations, banks, and multinational corporations over and above those of individual human beings, particularly those at the margins of the world economy.

Now that the commencement of AFCTA has been postponed in view of the COVID-19 pandemic, there is a need for a clear conceptualisation of flexibility in relation to the commitments and obligations created in African RTAs including the AFCTA. There is also a need to identify how some narratives that are subsumed in the flexibility paradigm may end up doing more harm than good to informal trade engagements in the continent.

Traditional medicines have an equally important role as vaccines, therapeutics and medical devices protected through classical IPRs such as patents. For this reason, it is important to include traditional medicines within the scope of IPR protection, including within the WTO’s TRIPS Agreement. Doing so would go beyond the classical debate of protecting medicines, vaccines and therapeutics mainly through patents as currently understood within the TRIPS Agreement.

Digitalisation is changing the way we understand IEL. New streams of revenue generation resulting from online or digital economic activities remains untapped and unapplied towards steering economic growth. Despite the fact that these new digital models have been met with novel regulatory and tax approaches globally, they are proving problematic in terms of identifying the activity upon which tax should be based. This is because traditional tax rules do not contemplate digital aspects as sources of taxable income. The role of IEL in the digitalisation of the economy therefore, merits consideration, specifically in the area of domestic resource mobilisation as a factor for economic growth especially in Africa.