Consultation

‘A Successful Offloading of What Has Been a Difficult Asset’: ESG-inspired Disinvestment and the Communities Left Behind

Proponents of market-based solutions to social injustice argue that environmental, social, and governance integrated investing (‘ESG investing’) has been able to achieve what courts and legislatures worldwide have not: catalyse the rapid disinvestment from extractive industries infamous for human rights abuses. Critiques of ESG investing primarily make predictions about its impact on corporate conducts in the future. Little research exists linking ESG investing to contemporary community struggles for justice over past and continuing harms. Drawing on my work as a paralegal for the South African social movement Mining Affected Communities United in Action (MACUA), and specifically my efforts supporting the Phola Community in its claims against multinational mining giant South32, I argue that ESG investing may decrease the likelihood that communities who have suffered due to corporate misconduct will have their livelihoods and homes restored or receive comparable redress.

COVID-19 and Governance in Zimbabwe

Since the early 2000s, Zimbabwe has faced a tumultuous period which has seen the country go through dislocating economic challenges. These economic challenges have harmed the country’s institutions with the health sector suffering the most. Several outbreaks such as the 2008 Cholera Outbreak clearly demonstrated that the country’s health sector had all but collapsed. That has not been very different for Zimbabwe’s politics that have been dominated by two political parties Zimbabwe African National Union-Patriotic Front (ZANU PF) and the Movement for Democratic Change (MDC) who serve as the ruling party and the opposition respectively.  

Commercial Law Reform in the Age of Integration: Of Stakeholders, Futility of Boundary-Marking and Strategies

The interconnectedness of commercial and other mundane human transactions has never been more reified than it is since the advent of new Information and Communication Technologies (ICTs). However, it bears observing that ICTs have helped in harnessing virtually every human and non-human endeavour into their commercial ramifications

Commentary on the UNIDROIT Legal Guide on Agricultural Land Investment Contracts

Food security is at the very core of human existence. Agriculture is thus a critical part of sustainable development. It is estimated that Agriculture contributes about 33% of the world’s gross-domestic product. A significant number of countries with the most arable land belong to the categorization of low to middle income nations, while a significant number of the high-income nations are dependent on food imports from the former. As a result, domestic and foreign agricultural land investment contracts are common as countries seek to achieve food security. The UNIDROIT/FAO/IFAD Legal Guide to Agricultural Land Investment Contracts (ALIC) is thus a welcome framework for ensuring that these investments contribute to the sustainable development goals. On the overall, the legal guide provides comprehensive instrument that effectively highlights the critical components of such agricultural land contracts and is thus commendable.

Trade Facilitation Measures: Avoiding a 'one size fits all' approach

Noting the different levels of economic development amongst AfCFTA State Parties, this post intends to shed light on implementation of Annex 4 to the benefit of all. This is in part due to the fact that the TFA steers away from the ‘one size fits all’ approach and instead introduces new, unique and innovative features to facilitate Members’ integration into the global value networks. Furthermore, I contend that the features discussed could serve as a model to further elaborate on Special and Differential Treatment (SDT) as a guiding principle within the context of trade facilitation measures.