International and European Law Research Seminar 2 April 2014
Dr Kwadwo Appiagyei-Atua gave a talk on ‘Contributionism or Twailism: A Critical Review of African Perspectives on International Law’
The presentation was devoted to introducing African perspectives into International Law, which has remained to a large extent predominantly Euro-centric in doctrine, theory and practice.
Dr Appiagyei-Atua provided a critique of two main schools developed by African scholarship in reaction to the European ‘hegemonic’ influence in International Law, namely, Contributionism and Third World Approaches to International Law (TWAIL). The former seeks to reclaim, reconstruct and rehabilitate the neglected and denigrated African past and put it on an even keel with Europe. In so doing it contends that Africans participated in shaping International Law and that their contribution should be thus acknowledged and recognised. The latter, seeks to expose the exploitative side of International Law and present an alternative normative model that pays attention to justice and fairness in order to eradicate conditions of underdevelopment.
Dr Appiagyei-Atua’s critique unravelled a new middle-ground approach, that of recognitionism. This new perspective locates itself within the pre-colonial era to uncover the origins of International Law in Africa and contends that African regions developed notions of primitive International Law within their own limited geographical spaces before contact with Europe and other civilisations.
Dr Appiagyei-Atua concluded by showing how the contributions from Africa and other developing countries are only piecemeal and have mainly come through the United nations system without significantly altering the current International legal order.
Dr Appiagyei-Atua is currently a Marie Curie Fellow at the Centre for Educational Research and Development of the University of Lincoln. He is also Senior Lecturer at the Faculty of Law, University of Ghana, Legon, Accra. At present he is writing a book entitled Commonwealth African Perspectives on Public International Law.
Lincoln Law School held two research events in February 2014.
On 5 February 2014, Dr Klaus Beiter, Marie Curie Fellow at CERD, University of Lincoln, gave a presentation on ‘The Protection of the Right to Academic Mobility under International Human Rights Law’. The paper presented some preliminary findings of current research which Dr Beiter is carrying out as part of his postdoc on the topic: “Safeguarding Academic Freedom in Europe”, under the supervision of Professor Terence Karran (CERD, University of Lincoln).
Dr Beiter examined the right to freedom of movement of scholars – conceived as a right to academic mobility – as part of the right to academic freedom. In his presentation he explained how (binding) international human rights law does not accord express protection to this right. Whereas the right to freedom of opinion and expression in Article 19 of the 1966 International Covenant on Civil and Political Rights may be relied on to protect a multitude of facets covered by the right to academic freedom, Article 13 of the 1966 International Covenant on Economic, Social and Cultural Rights on the right to education may, in fact, be seen to constitute a complete locus for the right to academic freedom.
On 19 February 2014, Professor Louis J. Kotzé from the North-West University in South Africa, gave a talk on sustainable development as a key feature of environmental constitutionalism using South Africa as his main case-study. In his talk, Professor Kotzé examined South Africa’s domestic legal regime to illustrate how certain national legal systems have constitutionally entrenched sustainable development. In particular, in South Africa, sustainable development has been an integral part of the legal order since the advent of democracy and transition to a constitutional state in 1994. The country included an environmental right in its own Constitution of 1996 and adopted a comprehensive body of environmental legislation to give effect to this right’s broader policies and constitutional objectives. Professor Kotzé illustrated how by means of this entrenchment, sustainable development has become a constitutional issue or concern in the country and may play, therefore, an important role in promoting a rule of law approach in South Africa.
Lincoln Law School International and European Law Research Seminar – 6 November 2013
Professor Jeff Kenner, Professor of European Law, University of Nottingham – ‘Shaping the Social Dimension of Globalisation? An Analysis of the Strategic Partnership between the EU and the ILO’
The presentation explored the roles played by the EU and the ILO in forging a strategic partnership to advance the social dimension of globalisation. The EU and the ILO have worked in close cooperation from the formation of the Community with both actors benefiting from the cross-fertilisation of policies and methods for the adoption, observance and enforcement of transnational labour standards and, latterly, the promotion of fundamental social rights.
Professor Kenner identified and examined three phases of the strategic partnership between the EU and the ILO. The paper concluded with a focus on the further evolution of the EU/ILO relationship as a force for the advancement of the social dimension of globalisation and questioned the extent to which it is possible, or desirable, for the EU to ‘shape’ globalisation by protecting its social model internally and promoting ILO standards externally.
Jeff Kenner is Professor of European Law in the School of Law, University of Nottingham. He is a legal expert of the EU Fundamental Rights Agency and the European Commission. He is also project leader for the HRLC team on FRAME (Fostering Human Rights Among European Policies), a large-scale and collaborative research project involving 19 research centres from around the world under the EU’s Seventh Framework Programme.
Dr Velluti has recently contributed to a report on the UK experience in relation to migration and law. The report has been drafted in response to a questionnaire issued by the International Academy of Comparative Law (the ‘IACL’) on migration and law for the forthcoming 19th International Congress of Comparative Law, to be held in Vienna (Austria) in July 2014.
The report consists of two parts. The first part, entitled ‘Migration and Residence’, examines the principal legal instruments that bind the state and public authorities in matters of migration. The second part, entitled ‘Migration in a Broader Perspective’, situates the principal legal rules on migration, in force in the UK, into their broader historical and international context. Dr Velluti has contributed to the second part of the report and, in particular, on the section on the role of human rights and humanitarian protection, with a focus on domestic law and practice concerning the asylum process.
Lincoln Law School International and European Law Research Seminar – 16 October 2013
Professor Massimo La Torre – ‘A Weberian Moment for Europe?’
Drawing on Max Weber’s political and social theories, the presentation examined the current crisis within the European Union focusing in particular on the contrasting notion of the nation-state and ideas of European supranational governance. In so doing, La Torre utilised various case studies concerning the Economic and Monetary Union as well as recent judgments of the Court of Justice of the European Union such as the Melloni ruling (Case C-399/12), which in the words of La Torre constitutes ‘a renewed and vocal vindication of EU law primacy over the normative core of national constitutional orders.’
Professor La Torre is Professor of Legal Philosophy at the University of Catanzaro, Magna Graecia, Italy, and Visiting Professor at the School of Law of the University of Hull. Previously, he taught at the Universities of Florence, Bologna (Italy) and Murcia (Spain). He held numerous visiting professorial fellowships at European and American Universities and he has been a fellow of the Alliance Française, the Consiglio Nazionale delle Richerche, the British Council and the Alexander von Humboldt Foundation.