Colonialism

In different epochs of our world, the idea of copyright has been thought about and debated by different scholars and philosophers. Most commonly, such debates find resonance in scholarly interlocutory about intellectual property law justificatory theories. On limited occasions, copyright scholarship ventures into studying the jurisprudence of copyright, that is the consciousness and the conscience of the discipline. In his offering, The Right to Research in Africa: Exploring the Copyright and Human Rights Interface, Oriakhogba remarkably studies copyright in the context of Human Rights. From the onset, it is refreshing that Oriakhogba takes the task of engaging copyright outside of the strict positivist and largely mercantilist strictures that often insist on thinking about copyright purely within the ambit of trade. The book’s argument is propounded in five chapters. Following the introduction, the second chapter examines the state of research in Africa, and the challenge that copyright poses to the question of access to information. The third chapter places its focus on international and regional human rights framework. The fourth chapter, which is the focus of this essay, discusses the national constitutions and frameworks for the protection of human rights to ascertain whether they support the development of the right to research. The fifth chapter, which concludes the book, summarily uses the insights from prior chapter’s to substantively respond to the question whether the right to research is justifiable in the context of Africa.

Opening with the impact of untold narratives, Oreva Olakpe’s book, South-South Migrations, and the Law from Below, analyses South-South migrants in international law through a TWAIL lens. It considers ‘stories of building community, finding justice outside the protections of the state, and of their struggles against discrimination and exclusion within a state that does not recognize international migrant and refugee protections.’ (2) It weaves the experiences of undocumented migrants in the spaces that they are occupying while situating the impact of their experiences in international legal work. The book intentionally centers on undocumented communities as subjects of international law to map how they interact, shape, and resist in their own spaces. Doing so, the book critiques dominant literature that treats the Global South as objects of international law. The book attests to the agencies of undocumented migrants.

International court decisions, the corruption of the elite in the Global South, and the refusal of states to uphold their obligations towards people who are excluded from the privileges of citizenship shape how migrants experience law, as well as how they forge their paths to justice, recognition, and access. This book and symposium contribute to efforts to understand and document how international law impacts migrant communities, but also how these communities fill the lacunae created by law and migrant status through their acts of contestation and innovative approaches. It delves into the evolving approaches to migration and international obligations in the two states as they face new migration-related challenges.

While the law is to a large extent responsible for the overlapping social and ecological breakdowns, translating the above-mentioned principles into law means creating legal frameworks (through the interpretation of existing legal rules and principles and the creation of new legal instruments) that move away from the primacy of market logics and extractive profit-oriented economies embedded in colonial legacies, and reproducing gendered and racialized inequalities. It requires designing legal responses that would enable transformative ways of thinking about economies, justice, and our relationship with the non-human worlds, while embedding law and policies in truly democratic frameworks and practices. It means centering within legal thinking and legal practices the multiple forms of exclusions that are pervasive within and outside the EU, and that EU laws and policies often directly enable. Making a fair and inclusive transition happen requires bold choices and unwavering principles. Right now, the EU is quite far from embracing and practicing them.

The COVID-19 pandemic has illuminated the stark inequities between the Global North and Global South in vaccine production and access. Such inequities are a continuation of asymmetrical power relations rooted in historical racialized processes such as slavery and colonialism and its post-colonial legacies, which led to the subordination of many countries in the Global South. This paper builds on racial capitalism scholarship within studies of the COVID-19 crisis, which critiqued the disproportionate mortality within populations and unequal labor relationships, presenting a novel contribution by thinking through the systemic impacts of racial capitalism on the production of essential medicines, and particularly COVID-19 vaccines, in global health. A deeper understanding of the systemic injustice in the international patent system enables us to center the experiences of the Global South through a re-examination of how international law sustains and encourages the geographic and racial stratification of vaccine manufacturing, which is now largely centralized in the Global North. The paper also calls for changing law and funding structures as mechanisms of reparative justice. While, on the one hand, law plays a role in sustaining racial-capitalist harms, it can also be used as a tool for facilitating reparative justice.

The Academic Forum is an inclusive and accessible forum that brings together undergraduate and graduate students as well as early career researchers from across the world interested in international economic law issues as they relate to Africa and the Global South. Its goals are to encourage and build core research skills in teaching, research, theory, methods and writing; developing content for Afronomicslaw.org and where possible to encourage authors to submit to the African Journal of International Economic Law; holding workshops and masterclasses on core research skills in teaching, research, theory, methods and writing; and organizing annual poster/essay competitions on international economic law issues.

It is terrifyingly sobering to consider that Hugo Grotius, historiographically considered, acting out a fundamentally TWAILian charge. Yes, he was not simply a young lawyer writing legal opinions. In fact, his point of view can be better appreciated when one considers that the supremely arrogant Treaty of Tordesillas had purported to share the world’s oceans between Spain and Portugal – Prof Anghie during the lecture chuckled at the ridiculous assertion of a certain property right to sea routes, once discovered. I dare say, the same will repeat with space routes in the not too distant future.

On a Saturday evening in Singapore in March 2022 – or as is in these days of webinars, evening, afternoon, morning as wherever one is on this fragile third rock from the Sun - Prof Anthony Anghie cheekily – yes, there’s a delightful cheekiness in his voice as one does when they know they intend to remind the Emperor of his nakedness – describes his critique of the eurocentric narrative of the foundation of international law by asking his audience to contemplate a few visual images that exemplify this narrative.

Apart from important recent examples that will be formative, we believe it is long past time for international economic law to take stock of its hidden heritage (including settler colonialism) and how this ongoing legacy invariably intersects with IEL’s impoverished notions of economy, as well as its impoverishing approach to migration.