Global South

The International Women’s Day is an opportune time to recognise and celebrate female scholars. This post spotlights five female scholars of African descent, Professor Ruth Okediji, Professor Olufunmilayo Arewa, Professor Caroline Ncube, Dr Amaka Vanni and Dr Chijioke Okorie, for their outstanding contributions to the multifaceted and often esoteric intellectual property rights (IPRs) debates

To mark this year’s International Women’s Day (IWD), we recognise and celebrate the invaluable contributions of women to international economic law scholarship. We are proud to point out that 50 per cent of our editors/contributing editors are women, and we are committed to promoting equality. Our IWD collection comprises four contributions.

I argue that it is time to explore the possibilities of a substantial reform, which should include: the renegotiation of the current 3,200 IIA; to stop signing treaties with arbitral clauses and extremely favourable conditions for investors; the promotion of an effective sovereignty States over the space that they should regulate; and the approval of binding obligations for companies. The failure to address substantive issues in ISDS, and to only focus on procedural aspects of reform, will lead to the consolidation and re-legitimatisation of this system, under the guise of “modernizing” it.

As social movements and civil society continues to seek support within international law in their claims for justice, the reflection on the absence of international corporate accountability mechanisms is an open field for human rights discourse dispute.

Narratives are stories that get embedded in the general understanding of why and how a phenomenon takes place. Many narratives exist within International Investment Law (IIL) concerning its role in the international legal order, particularly in development. However, what if these narratives were to get turned on their head?

The present state of international economic law leaves much to be desired. Anchored by the multilateral General Agreement on Tariffs and Trade, which led to the creation of the World Trade Organization, and complemented by a vast network of bilateral and multilateral investment treaties and free trade agreements, international economic law is drawn from diffuse sources. Additionally, the WTO Dispute Settlement Body and Appellate Body, which interpret the GATT provisions, and arbitral tribunals, which interpret investment protection agreement provisions, shape the content of international economic law. However, the patchwork of treaty text and dispute settlement rulings into a body of law is unraveling.

The successful International Schulich Law Visiting Scholar will spend a minimum of 4 weeks and a maximum of one term in residence at the Schulich School of Law, Dalhousie University.

The past three decades have seen a growing scholarship on international law addressing legal and policy discussions on investment, trade, financial services and regulation, intellectual property right, tax, energy, competition law and even the environment. Despite this growth in the teaching and scholarly research of IEL, there remains question over the plurality and diversity of methodologies, voices and viewpoints in the discipline.

TWAIL scholarship share three central themes. First, it engages in historical analysis to disinter partial narratives of international law. Second, the historical analysis exposes avenues through which particular aspects of international law are unjust to everyday realities of Third World peoples. Third, some TWAIL scholarship attempt to reform or transform unjust international law to suit the needs and realities of Third World peoples.

There is no single ‘correct’ approach to legal scholarship. The beauty of international economic law research and study lies in the availability of diverse theories and methods of other non-legal disciplines that can be carefully deployed to effectively engage in debates arising in today’s complex social, political and economic environment.