Paper short abstract:

An imbalanced dynamic of corporate favoritism is how the tale of colonial concessions unfolded. This study brings the focus on colonial concessions in an attempt to bring a missing stone to our understanding of the history and the foundation of foreign direct investment.

Paper long abstract:

The accounts on granting concessions to foreign corporations in the late nineteenth-century sank into oblivion. The scarcity of research on colonial concessions from a third world lens resulted in a lack of understanding of the foundation of corporate favoritism in the periphery. So far, no attention has been given to understand how these contracts contributed to shaping the colonial imbalanced dynamic that characterized and characterizes still the terms of foreign direct investment. This study brings the focus on how concessions through the process of commodification of the capital of the periphery favored colonial corporations.

A case study of concessions granted to corporations in Tunisia and Egypt under the French and the British Empire between 1860 and 1900 show us the involvement of the metropole in favor of its corporations of affiliation. These interventions took the form of providing support in times of crisis, but also of bargaining and recourse to diplomatic arrangements for the acquisition of concession privileges and establishment of monopolies in favor of their concessionaires in the host territories. Thus the dynamic of interaction that distinguished concessions is one favoring the concessionaires and the metropole at the expanse of the periphery. A thorough study of concessions from the prism of these interactions lead us to identify the corporate favortism that distinguished late nineteenth century economic imperialism and capitalist expansion.

Following a legal and historical study of concessions this project aims to contribute to third world readings of the histories of late nineteenth century capitalist expansion in the periphery.

Paper short abstract:

Africa is entangled in the crossroad of neo-colonial structures that detrimentally shape its economic destiny. While AfCFTA represents an opportunity for Africa, it could also be a convert instrument for the promotion of the interests of the neo-colonialists. This paper seeks to decolonize Africa.

Paper long abstract:

Africa is entangled in intractable crossroad of formidable neo-colonial structures from the traditional imperialists and emerging industrialized powers which impede its capacity to foster development. While some factors that constrain African development might have emanated from home-grown ontologies (e.g. corruption), the preponderance of African development challenges is deeply intertwined with the influences of neo-colonialism and global powers angling for resources. These influences detrimentally formulate, shape and reshape African economic destiny. The opportunity to reclaim African economic future is reflected in the ongoing efforts to craft African Continental Free Trade Area Agreement (AfCFTA). AfCFTA aims to use economic law (trade, investment and intellectual property) to achieve African development. Nevertheless, there are fears that AfCFTA could be a convert instrument for the promotion of important trade and investment interests of neo-colonial powers, since Africa countries mostly trade commodity goods and constitute capital importing countries. Against this backdrop, this paper seeks to decolonize Africa by jettisoning retrogressive influences, principles, norms and rules while retaining development-friendly ones. Arguably, the reclamation of African economic future is rooted in, ((1) the willingness of its political elites to yield to paradigm shift, (2) the deftness and dexterity of Africa in extricating itself from the stranglehold of neo-colonial structures, (3) sustaining peaceful dialogue across all frontiers, and (4) the acknowledgement and willingness to treat Africa as equal partners in opportunities for development.

Paper short abstract:

Legal systems secure the economic and political power of corporations. The German NGO Goliathwatch uses a critical capability approach (Sen) for understanding global asymmetries. Practical experiences and transformative strategies from Uganda or Hamburg are showing positive and negative futures.

Paper long abstract:

Legal systems enable and secure the economic and political power of transnational corporate giants like Bayer-Monsanto, Facebook or Glencore. As an economist and activist of the German NGO Goliathwatch we use a critical capability approach (Amartya Sen, Martha Nussbaum), “Capital as Power” (Nitzan/Bichler) plus Katharina Pistor for the understand of global asymmetries in legal power relations. Global value chains in agriculture, resources or digital services are structured against human rights and for corporate freedom. Our global civil society needs to address the redistribution of resources and instruments of power. Institutions are the result of historical political conflicts and successful transformative strategies include strategic litigation, community organizing, plural economic education and transnational solidarity. Practical experiences from Uganda, Hamburg and Namibia show positive and negative developments.

Paper short abstract:

The ambition in the Global North for sustainable transitions increases the sourcing of new key resources. In the Global South, expansion of mines leads to devastating effects on neighboring rural communities. Extraterritorial human rights obligations are to be observed. Is that quite enough?

Paper long abstract:

Guinea has the world`s largest bauxite deposits, has rapidly expanded production since 2015. Bauxite is used to make aluminium, a key material for more sustainable vehicles. Mining bauxite involves the surface level and takes up large area, often of significant ecological value and vital for rural livelihoods. Destructive mining brings huge profits to the primary perpetrators, the mining companies and some powerful national elites. Less visible to the communities is a web of global enablers, upstream banks, investors and even multilateral developing finance institutions and downstream buyers like well-known car brands.

Germany sources nearly 90% of its bauxite imports from a single mine in the Boké region of western Guinea, the Companie des Bauxites de Guinée. GBG (operating since 1973) is owned to 49% by the Guinean State. In 2016, the German commercial bank ING DiBa provided the largest single credit of a consortium (including the World Bank Group) to expand mining operations, the loan being secured with interests by the German Government. IFC Performance Standards on Environmental and Social Sustainability apply. Human Rights oblige states. Since 2023, the German Value Chain Due Diligence Law applies to large companies like ING Diba, Volkswagen, BMW and Daimler. FIAN was asked by Boké communities to pressure the German enablers so that CBG operations stick to the red lines. This alone is a tremendous undertaking. But into what deep legal structures do we need to go so that neocolonial set-ups are transformed to give space for "African futures" worthy of such name?

Paper short abstract:

This paper will discuss the legal implications of the tension between the future imagination of Seychelles blue bonds offered to small-scale fisheries and the real impacts on the ground, based on international environmental law.

Paper long abstract:

In parallel to the recognition of the role oceans and seas play in climate change mitigation and adaptation, there is an increasing emphasis in the literature on the importance of making financial flows consistent with ocean protection. The emerging sector of blue bonds aims to channel private finance to sustainable marine-related activities. Seychelles has issued the World’s first blue bond amounting to USD 15 million in 2018 in collaboration with the World Bank. This blue bond specifically focused on strengthening institutional arrangements for fisheries management, supporting investments in sustainable fisheries, research, and capacity building.

Since the World’s first blue bond was issued by Seychelles, much attention in the literature has been given to the success of Seychelles having attracted such financial flow. However, the blue bond’s legal design and impact on the ground have not been subjected to scrutiny. This paper aims to present the findings of the 2-months fieldwork that the author conducted in Seychelles consisting of 19 interviews. The paper will discuss the tensions between the legal structure and the transaction process behind the blue bond and the real economy impacts on the ground. In other words, the research focuses on the legal implications of future imagination that Seychelles blue bonds offered for small-scale fisheries based on international environmental law. The lessons from this blue bond are important because these innovative financial instruments are presented as solutions to finance climate change mitigation and adaptation in the African continent, and are expected to upscale in the future.