With the emergence of powerful non-state actors onto the international plane, it has been necessary for international law to adapt and recognise legal actors other than the sovereign state. This article contends that it is essential that international legal recognition now be extended to multinational corporations and nongovernmental organisations. This ensures that such actors cannot escape accountability for violations of international law but also that they granted legitimate rights as participants in the international system. Such a development does not require (...) that the primacy of the state under international law be diminished. On the contrary, the theory and practice of international law requires that the state retain its position atop the international hierarchy. (shrink)

China’s recent engagement with Africa has attracted a significant amount of attention among United States (US) policymakers, academics, journalists and think tanks. By exploring this commentary through an emerging dominant discourse on China’s engagement in Africa, this article argues that it is interwoven with a discourse on US engagement in Africa, performing a Manichean dynamics that reflects analysis of China’s engagement in Africa through a US lens. As a result, alternative discourses and insights are silenced as China’s engagement in Africa (...) is interpreted through issues counterpoised to those with which the US distinguishes itself. In establishing this dynamics in the dominant discourse, its rhetorical nature is further demonstrated through alternative discourses on the effects of US and Chinese engagement in Africa. Using alternative discourses to de-center the rhetoric in dominant discourses on the benefits of free markets and the disadvantages of state led development, the US and China become perceived as both engaging in Africa through existing economic and political structures in a shared pursuit of markets and resources. The effects of US and Chinese engagement are discussed in regards to these pursuits. Giving voice to alternative discourses reveals the rhetorical nature of the dominant discourses that reflect more about US values than the implications of China’s engagement in Africa. (shrink)

Concerns for safety and security as South Africa’s hosting of 2010 FIFA World Cup draws nearer highlight the degree to which South Africa’s reputation for a relatively peaceful transition from Apartheid has been replaced by its reputation for violent crime. Its transition, and the peacebuilding efforts that followed it, are not completely unrelated to its current high levels of violent crime. In fact, this article argues that there were a number of issues South Africa’s peacebuilding process failed to address that (...) are relevant to the country’s violent crime situation. A significant reason for this failure was an inability or unwillingness to engage the full spectrum of Apartheid’s violence with equal rigour. Apartheid inflicted structural violence, through its racially oppressive laws, as well as physical violence, through enforcing its laws and suppressing its opposition, on the people of South Africa. Peacebuilding in South Africa primarily focused on Apartheid’s physical violence. Through the work of the Truth and Reconciliation Commission, the focus was narrowed down further to physical political violence. Due to this narrow focus, it did not attend effectively to non-political violence – which includes gender-based violence, the esteem violence had attained during and due to Apartheid, disarming the country of illegal firearms, and narrowing the income gap between the country’s rich and poor. While South Africa proudly claims ownership of its conflict resolution and peacebuilding processes, it still emulated predominant models of building peace through liberal democracy and a market economy. These models have been drawn from Western success stories in diminishing interstate conflict, while South Africa is a developing country that was recovering from an intrastate conflict. Pursuing these models has had benefits for South Africa, but not in many of the ways it needed in order to effectively prevent a surge in criminal violence in the wake of Apartheid. (shrink)