In Global Jurisprudential Apartheid in the Twenty-First Century: Universalism and Particularism in International Law, the contributors argue that the world is witnessing the formation of a global jurisprudential apartheid despite the promotion of democracy, equality, human rights, and humanitarianism. Examining organisations such as international criminal courts, the World Trade Organisation, the United Nations Security Council, the International Monetary Fund, and the World Bank, the contributors unpack the challenges of global jurisprudential apartheid. In particular, they analyse the ways in which these organizations hold and contribute to the increasing inequalities between the Global North and the Global South. Ultimately, Global Jurisprudential Apartheid in the Twenty-First Century shows that globalisation is a variant of the apartheid era particularism and not universalism, working to advantage the Global North while disadvantaging the Global South under the pretense of humanitarianism.
Artwell Nhemachena is visiting associate professor at Kobe University, research fellow at the University of South Africa, and senior lecturer at the University of Namibia.
Howard Tafara Chitimira is professor of law and research professor at North-West University.
Tapiwa Victor Warikandwa is senior lecturer and head of department in the faculty of law at the University of Namibia.
Chapter One: Global Jurisprudential Apartheid in the Emergent One World Government: A Decolonial Introduction
Artwell Nhemachena, Tapiwa Victor Warikandwa, and Howard Tafara Chitimira
Chapter Two: The Relevance of Jurisprudence as a Course of Study
Samuel Kwesi Amoo and Clever Mapaure
Chapter Three: Decolonisation of Legal Education (Miseducation and Ignorance): Excepts from Afrocentric Perspectives in Southern Africa
Pilisano Haris Masake and Lizazi Eugene Libebe
Chapter Four: The Dangers of Transplanting Transformative Constitutionalism into Namibia
Dunia Prince Zongwe
Chapter Five: African States’ Quest for Reclaiming Sovereignty over Natural Resources through Revamping the Legal Framework: A Useful Lesson from Tanzania’s Mining Sector
Chapter Six: Crude Oil Exploitation and Environmental Laws as Mechanisms for Protecting Human Rights in African Societies: A Nigerian Perspective
Eric Omo Enakireru and Anya Kingsley Anya
Chapter Seven: The International Criminal Court and Its Targeting of African Leaders: A Case of Legitimising Another Global Apartheid Regime?
Oyesola Animashaun and Howard Tafara Chitimira
Chapter Eight: The Reincarnation of Apartheid: Strategic Partnerships and Land Reform in South Africa
Chapter Nine: Promoting Customary Land Rights in Post-Colonial Namibia: An Overview of Prospects and Challenges with Respect to Communal Land Claims
Tapiwa Victor Warikandwa
Chapter Ten: Ownership, Distribution and Access to Mineral Resources in Namibia
Chapter Eleven: Public Procurement Policy and Administrative Justice in Namibia: A Critical Appraisal of the Remedies Available for Bidders
Ndatega Victoria Asheela-Shikalepo and Tapiwa Victor Warikandwa
Chapter Twelve: Is Amending Section 25 of the South African Constitution an End to the Land Reform Debate?
Lekunze Joseph Nembo and Luvhengo Usapfa
Chapter Thirteen: The Fight Against Corruption in Namibia: An Appraisal of the Institutional Environment and a Consideration of a Model for Civil Society Participation
Job Shipululo Amupanda
Chapter Fourteen: Global Apartheid, Economic Sanctions and the Re-Colonisation of the Zimbabwean Economy and Financial Markets
Chapter Fifteen: Why Poverty Persists in Developing Countries, Especially in Africa? A Case of Institutional Failure or Poor Leadership
Chapter Sixteen: Challenging Global Apartheid through Financial Inclusion in Zimbabwean Agency Banking
Brighton Nyagadza, Itai Kabonga, and Promise Machingo Hlungwani
Chapter Seventeen: Rethinking Policing: Practical Strategies to Combat Human Trafficking in the 21st Century Africa
Chapter Eighteen: The Coloniality of COVID-19 in Africa: Nudgers and Nudgees in the Constitution of the New World Order
Artwell Nhemachena, Clifford Kendrick Hlatywayo, and Tapiwa Victor Warikandwa
In its effort to investigate an under-explored but critical area, the post-colonial global apartheid regime, this book is a monumental work of scholarship. Bringing together an impressive group of African scholars, this book weaves together insights and analyses of almost every manageable post-colonial global apartheid issue, resulting in a thorough and essential guide to African leaders’ ability to address development challenges. In terms of substantive scope, geographic reach, and diversity of insight, it is quite simply staggering. Its analyses of the contemporary legal, political, and socioeconomic challenges facing a number of sub-Saharan African jurisdictions is unsurpassed in originality and rigor. This timely collection will be an essential cornerstone of every law and development scholar’s book collection for many years to come.
What is global jurisprudential apartheid? How are western institutions’ policies on the “rule of law,” “human rights,” and “humanitarianism” employed to increase the divide between the Global North and the Global South? What role do international institutions such as the United Nations play in keeping Africans at the “bottom of the world system”? These are some of the thought-provoking questions addressed in this impressive book of 18 chapters written by 25 African scholars from all over Africa. If you are interested in a new take on universalism and particularism in international law and the role of “transnational criminocrats” on poverty in developing countries, this is the book for you.
A book for Africans written by Africans on the post-colonial legal challenges ranging from international law to environmental and mining issues to customary law practices! Books that focus on African legal traditions within a colonial and post-colonial debate are scarce, and this book is a welcome and timely contribution.