Innovation and Development in the Age of Climate Change Adaptation: Open or Closed?

Change Adaptation: Open or Closed? Paper read at the Second African International Economic Law Network Conference, 7-8 March 2013, Wits School of Law, Johannesburg, South Africa. In a time of rapid convergence of technologies, goods, services, hardware, software, the traditional classifications that informed past treaties fail to remove legal uncertainty, or advance welfare and innovation. As a result, we turn our attention to the role and needs of the public domain at the interface of existing intellectual property rights and new modes of creation, production and distribution of goods and services. The concept of open culture would have it that knowledge should be spread freely and its growth should come from further developing existing works on the basis of sharing and collaboration without the shackles of intellectual property. Intellectual property clauses find their way into regional, multilateral, bilateral and free trade agreements more often than not, and can cause public discontent and incite unrest. Many of these intellectual property clauses raise the bar on protection beyond the clauses found in the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). In this paper we address the question of the protection and development of the public domain in service of open innovation in accord with Article 15 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) in light of the Objectives (Article 7) and Principles (Article 8) set forth in TRIPS. Once areas of divergence and reinforcement between the intellectual property regime and human rights have been discussed, we will enter into options that allow for innovation and prosperity in the global south. We then conclude by discussing possible policy developments.

New Law against an Old State: Land Restitution as a Transition to Justice in Post-Apartheid South Africa?

The research on which this text is based has been financially supported by the Berne University Research Foundation (2009–2011) as well as by an Ambizione Research Fellowship of the Swiss National Science Foundation (2012–2014). During my stays in South Africa, the Departments of Anthropology at the University of the Witwatersrand, Johannesburg, and the University of South Africa (UNISA), Pretoria, provided me with welcoming and inspiring research environments. This article benefitted greatly from engaged discussions around its presentation at various occasions, notably our ECAS 2011 panel Transition and Justice: Negotiating the Terms of New Beginnings in Africa, held in Uppsala. I am particularly grateful to my co-convener and co-editor Gerhard Anders as well as Laurens Bakker, Keebet von Benda-Beckmann, Ben Cousins, Julia Eckert, Marion Fresia, Vinodh Jaichand, Steffen Jensen, Tim Kelsall, Hanri Mostert, Johanna Mugler, David O'Kane, Julia Pauli, Mats Utas, Julia Zenker and the anonymous referees of Development and Change for their critical engagements.

Sustainable investment in land in the Global South: What would it require from a coherence perspective? The case of Sierra Leone

Large scale acquisitions of land in the Global South have signifi-cantly increased since the millennium. It is often the case that foreign investors are involved in such acquisitions, which are commonly aimed at facilitating the export of commodities. These investments in land tend to transform conventional, rather small scale agricultural systems into large scale, industrial agricultural systems. While investment in ag-riculture in the Global South is much needed, large-scale investments in land often goes hand-in-hand with environmental and human rights re-lated challenges. As a consequence, lawyers need to address questions of sovereignty over natural resources (this paper focuses in particular on land resources), to peoples’ right to self-determination, to the responsi-bilities of the home and host states of the investors, including public-private relationships, and the role of international institutions who are involved, as well as relevant jurisprudence. This paper approaches these questions from the perspective of a theory on policy coherence for sus-tainable development.