Chapter 4 analyses the history, evolution, internalisation, and legal operationalisation of sustainable development in Africa. The analysis reveals how concepts like sustainable development flow through nations and regions without being influenced by the peoples and politics that matter to that part of the world. It reveals the colonial and postcolonial politics of natural resource access in Africa by mapping the concept’s progress. It discusses the concept and its link to the international law on nature conservation and how that history omitted Africa as a framework for analysing the law and politics of sustainable development. It also explores Africa’s perspectives on international law relative to the Global South’s position on sustainable development within the never-ending Third World international law-making project. It also reveals deficits in the dominant rights-based approach to sustainable development in Africa as uncritically empowering the state over non-state interests as the state has failed to purposefully incorporate customary and indigenous governance into sustainable development. In addressing this question, I examine the promise and failure of the implementation of sustainable development as seen through the work of Africa’s regional adjudicative institutions.

This chapter considers the concept of permanent sovereignty over natural resources as articulated in the New International Economic Order (NIEO) project. At the NIEO’s core was the push to consolidate the legal status of ‘permanent sovereignty’ over natural resources. This idea’s champions argued that ownership and control of resources is an essential and necessary element of statehood, one that involves the right to nationalize foreign-held property. By contrast, its critics contended that no state could lawfully seize assets of foreign investors without compensation. They also insisted that the quantity of such compensation should be determined by international law, or through international arbitration, in the event of disagreement. While most aspects of the NIEO, including resource sovereignty, had been debated for some time, partly during broader discussions of neocolonialism and uneven development within the UN Conference on Trade and Development, it was only in 1974 that the project was formalized in a set of General Assembly resolutions. This project was largely the expression of a desire on the part of political and legal elites in the global South to renegotiate their roles in the world capitalist system, reforming rather than repudiating the existing international order.

This chapter examines the entitlements of different entities, such as States, peoples and other groups, international organisations and individuals over energy, understood as resources converted into products through a range of activities relying on certain technologies. International law contains rules which confer such entitlements and organise allocation among competing uses. Such rules are the legal infrastructure upon which international energy transactions are organised. The chapter then discusses other rules, which organise the cross-border movements necessary to access resources where they are located and process them – through certain activities and technologies – for consumption in the form of products in other countries. Enabling access and protecting the processes of conversion and transfer are key aspects of a range of rules governing foreign investment, trade and transit relating to energy.

The purpose of this chapter is threefold: (1) It explains energy as a concept that has transformed over the years and explains the difference between primary, secondary, renewable and non-renewable energy resources. In so doing, it refers to UN Statistics Division/International Energy Agency sources. (2) It explains how the rules of international trade law are relevant to the energy sector and when these rules become applicable to trade in energy; and (3) It explores the major changes energy markets have undergone in recent decades, focusing on decarbonization, decentralization and energy security.

This chapter examines the law of extractive resources and money to clarify law’s constitutive role in political economy and, in particular, its implication in the expansion of exploitation. It also indicates how at various past junctures certain legal institutions have been chosen over possible alternatives. It, thus, draws attention to the “institutional toolbox” available for identifying ways in which law may re-configure and transform political economy. More specifically, the chapter explores the distributive effects that law generates - by allocating jurisdiction and exploitation rights, as well as by submitting distribution conflicts either to resolution through political procedures or market mechanisms. It explains how the principles of permanent sovereignty over natural resources and monetary sovereignty provide the basis not only for domestic, but also for international politics to be conducted in the legal framework of international organisations (international commodity agreements and the IMF). The chapter proceeds to trace how the assertion of government control over natural resources led to the expansion and proliferation of markets, not only because it prompted the emergence of a transnational economic law, but also as it contributed to the reverse integration of the industry and consequent changes in the structure of commodity trade. The chapter points to linkages between resource extraction and trade on the one hand and the demise of Bretton Woods and liberalisation of capital markets on the other hand with the effect of further reducing the scope for politics. Finally, it proposes to take a closer look at monetary design both as a driver of extraction and as a potential means to contain exploitation.