Corsi di Studio del Dipartimento di Culture, Politica e Società

This course intends to discuss the diverse roles of law in pertinent matters of concern in Africa.  For instance, worldwide, conflicts are the norm.  Hence, effective conflict resolution is critical to maintain a peaceful society. There are diverse legal and acceptable ways to resolve disputes.  The course will highlight the place of culture in dispute resolution.  Bear in mind that because of colonialism, western legal systems are prominent in Africa. 

Then, African states through the African Union's Programme for Infrastructure Development in Africa are striving to boost the continent's welfare.  These efforts necessarily require mega-infrastructure to be constructed.  Many of the ongoing and proposed infrastructure revolve around the extractives sector.  Along with understanding the financing models for the mega-infrastructure construction, and their implications, it will be important to evaluate their social and environmental impacts.  The latter often adversely impinge on culture.  Hence, a discussion on the role the law is playing to ameliorate the diverse situations is necessary.  To this end, a discussion of the role the law plays through social and environmental impact assessments, local content policies, and community-based benefit sharing agreements, will follow. 

Importantly, behind the scenes of all the above matters, are lawyers who negotiate and draft critically important contracts.  Hence, the course will give an overview of the type of training lawyers in the public sector in Africa to build their capacity to negotiate and draft contracts excellently. 

Finally, world-wide, giant technology companies are wielding enormous power over individuals.  It will be useful to explore the implications of this power on culture and society in Africa.  Additionally, it will be good to assess the role the law could play to ensure Big-tech keeps abides by standard human rights principles.

The course is also likely to demonstrate methods to co-create knowledge.  This is becoming a necessary skill to seek solutions to complex societal problems through both inter and trans-disciplinary contexts.

The programme below gives details of the learning objectives in accordance with the topic.

Week 1 (6 hours)

Legal systems in Africa and Alternative Justice Systems

Learning objectives

• Have an overview of prevailing legal systems in different countries in Africa and their implications arising;
• Compare and contrast a selection of typologies of dispute resolution mechanisms utilizing alternative justice systems. Examples will be drawn from Kenya, Botswana, South Sudan, and South Africa

Week 2 (6 hours)

How building Africa's Mega-Infrastructure Projects impacts on culture: overview of mega-infrastructure's social and environmental impacts and the role of law

Learning objectives

• Evaluate the nature of development
• Understand the African Unions' Programme for Infrastructure Development in Africa
• Understand the environmental and social impacts of mega-infrastructure projects in the third world, particularly those which impinge on culture
• Understand key financiers' funding models/sources of funding to construct eg project finance
• Understand the nature of mega-infrastructure financiers' conditionalities for lending for projects
• Understand key environmental and social standards mega-infrastructure is required to meet
• Evaluate the effectiveness of law in addressing the social and environmental impacts

Week 3, part i (4 hours)

Measures to benefit communities and locals in Extractive Sectors in Africa – the role of law

Learning Objectives

• Community-based benefit sharing agreements
• Local content integration

Week 3, part ii (2 hours)

Learning objectives

• Overview of training of lawyers in the public sector in Africa to negotiate better their state's contracts pertaining to the extractive sector
• Negotiation skills' training overview

Week 4 (6 hours)

Big Tech in Africa: the role of law

Learning objectives

• Understand the implications of Big-Tech in Africa
• Human Rights concerns
• Survey cultural concerns arising

Week 5 (6 hours)*

Learning objectives

Co-creation of Knowledge Activity

• Understand what co-creation of knowledge entails
• Simulate an appropriate activity

Week 6 (6 hours)*

As the co-instructor, Professor Aluffi, will determine.

Structure: The course consists of 36 hours of lectures, seminars and small group activities.  The programme above has outlined the expected weekly topics and sub-topics.

Students are expected to play an active part in learning the content and skills that are necessary to excel in this course.  Over the learning period, students will receive guidance on the reading material.  

The reading material is supplied on the Moodle site for the course. 

Papers and presentations, for both attending and non attending students.

Further details will be provided later

The programme schedule anticipates a co-creation of knowledge activity.  

All the other texts and documents are listed in the course outline available on Moodle. They will be made available online before the beginning of the course.