Valentina Vadi

The concept of the African Renaissance expresses the idea that the African continent shall overcome the current challenges of poverty, inequality, and violence and achieve cultural, political, and economic renewal and a more just and equitable order. First articulated by the Senegalese historian Cheikh Anta Diop (1923–1986) in the aftermath of WWII, the concept encourages African peoples to take pride in their rich cultural heritage, to take charge of their lives, and to set Africa as a significant player in international affairs. It also encourages them to rebuild the economy. The African Renaissance should start a new era following decolonization and the parallel spread of democracy and the rule of law across the continent.

Yet, even after the end of colonization in the early 1960s, violent political events and ethnic conflicts have plagued the African continent, causing millions of deaths and hampering economic development. The recent pandemic has highlighted vulnerabilities
in infrastructures and essential services. Investments in the extractive industries have rarely benefitted local communities, leaving a legacy of environmental damage instead. Finally, climate change has increased desertification processes, drought, and famine, thus determining massive migration flows and contributing to African diasporas.

Can the ambitious dream of the African Renaissance be brought to fruition? Can peace and prosperity be fulfilled? What role can international investment law play in helping African peoples tackle the challenges to Africa’s growth and prosperity? The conference aims to address these questions seeing Africa as a continent of hope and emancipation. It constitutes a platform to critically assess the promises and pitfalls of existing investment treaties and build momentum for dialogue on the future of Africa. Foreign investments are crucial, especially for Least Developed Countries (LDCs), whose sustainable development often depends on foreign assets and technology. Out of 46 LDCs, 33 are in Africa. The challenge is to strike a balance between the promotion of foreign direct investments and the right and duty of the host countries to pursue public interest.

The event is set to take place on 10-11 November in Padua and is organized by the Department of Political Science, Law, and International Studies. The workshop will provide a platform for researchers and policymakers to discuss new research
and identify areas where further academic and policy-oriented work is needed. There will be an open floor discussion.

For centuries, only states have been the only subjects of international law. States sign and ratify treaties, and are bound by the same. Their dédoublement fonctionnel means that they are both the makers and main subjects of international law. Traditionally, non-state actors formally played little if any role in the making and shaping of international law. However, this has not always been the case. In fact, early modern sources tell a different story in which different civilizations played a significant role in international relations. Indigenous nations did have sovereignty, autonomy, and enjoyed international recognition. Treaties were signed between indigenous nations and early modern states.

Despite this formal recognition, war, pandemics, and oppression have followed since, and the time has come to investigate the inherent rights of Indigenous Peoples. Several years ago, Professor Antonietta Di Blase invited me to contribute a paper on the rights of Indigenous Peoples at a workshop she organized at the University of Rome III. I cherished the opportunity to discuss some of my research in such an exciting venue. In particular, I focused on the protection of Indigenous identity and heritage in international investment law and arbitration, identifying a range of arbitral awards dealing with important Indigenous issues.

When Professor Di Blase recently invited me to co-edit the book with her, I had no hesitation, as this was the right thing to do. Not only has she been a formidable mentor, and I have had the honor to collaborate with her for more than a decade, but the topic could not be timelier or more topical. Moreover, the edited collection harmoniously covered essential aspects of international law.

This book highlights the cogency and urgency of the protection of Indigenous Peoples and discusses crucial aspects of the international legal theory and practice relating to their rights. These rights are not established by states; rather, they are inherent to indigenous peoples because of their human dignity, historical continuity, cultural distinctiveness, and connection to the lands where they have lived from time immemorial. In the past decades, a new awareness of the importance of indigenous rights has emerged at the international level. UN organs have adopted specific international law instruments that protect Indigenous peoples. Nonetheless, concerns persist because of continued widespread breaches of such rights.

The volume includes contributions by distinguished scholars and practitioners. It is divided into three parts. Part I introduces the main themes and challenges to be addressed, considering the debate on self-determination of Indigenous Peoples and the theoretical origins of ‘indigenous sovereignty.’ Parts II and III explore the protection of Indigenous Peoples afforded under the international law rules on human rights and investments, respectively. Not only do the contributors to this book critically assess the current international legal framework, but they also suggest ways and methods to utilize such legal instruments towards the protection, promotion, and fulfillment of Indigenous Peoples’ rights, to contribute to the maintenance of peace and the pursuit of justice in international relations. The book will hopefully start an academic debate on the urgency of enhancing the existing legal framework and/or better implementing it, to foster the protection, fulfillment, and realization of the inherent rights of Indigenous Peoples.

Published by the University of Rome III Press, the edited volume is available open access at http://romatrepress.uniroma3.it/libro/the-inherent-rights-of-indigenous-peoples-in-international-law/. Copies can also be printed on-demand at the same website. It is also available here:

BOOK – The-Inherent-Rights-of-Indigenous-Peoples-in-International-Law-1

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