Chapter 5 argues that an alternative ontological basis, derived from non-Western ontologies, is both possible and urgent for renewing sustainable development. It analyses how the voice of the Global South; particularly Africa, can improve the discourse on sustainable development by evolving a view on the importance of customary law, ethics, and Indigenous norms as law. It echoes the idea of ‘ecology of knowledges’ and the legal value of reviving non-Western epistemologies for sustainable development. The spotlighting of ethics, customary norms, and other forms of local and Indigenous knowledge as legal norms has been done before. However, in this book, I extend the discussion even further and do so through a comparative analysis with other bodies of legal ideas and normativity like transnational law, legal pluralism, and social construction as law in themselves. In this process, I give these ideas a unique twist for the purposes of the overall critical perspective of this project by demonstrating their usefulness for foregrounding customary law or Indigenous knowledge as law. The discussion refracts the idea of reimagining sustainable development praxis through the lens of oft-neglected African legal cosmologies, and how such experiences can provide helpful signposts in Africa and elsewhere.

Chapter 2 analyses some foundational ideas relied upon in the book. This conceptual base comprises an analysis of nature, the environment, development, and sustainable development. These concepts are discussed as a progressive movement of a complex ideation: where nature is conceptualised as the starting point, later becomes the environment, then advances to become development, and is finally transformed into sustainable development. I employ Third World Approaches to International Law (TWAIL) in my analysis of neo-imperial ideologies and allied Eurocentric philosophies and how these are embedded in the contemporary language of sustainable development. At each stage of the analysis, I highlight the significance of human agency as the defining character of the transformations that occur within this conceptual fluidity. It accounts for the persistence of the subtext of Eurocentrism and demonstrates how the interplay of law, politics, ethics, and history as sustainable development is established upon different elements of both law and non-law theories. The analysis in this chapter is refracted through ’Afrosensitivity’, which I describe as a reaction to Africa as a conceptual tool in sustainable development discourse, and as a conscious, alternative route for imprinting African legal cosmologies on this global phenomenon called sustainable development.

This book concludes by reiterating the importance of avoiding grand narratives in research on sustainable development in international law. While each chapter revolves around its unique theme, my adoption of TWAIL helped unite these separate parts to tell a single story on Africa’s intersection with sustainable development’s legal evolution, conceptualisation, and implementation. Even so, this book is more than just writing about sustainable development or Africa as it deeply explores how international law should evolve, going forward. Finally, I end this book by drawing on TWAIL’s hopeful agenda by foreshadowing my future research interests in re-reading the law and politics of ecological crises as everyday occurrences and not as episodic events in international law.

The Introduction sets the context for the book and outlines the importance of its focus on sustainable development in international law. It offers background details and speaks to the inspiration for this book. These motivations derive from my professional experiences and research on international and environmental law in Africa and elsewhere. These experiences shaped my reflections on the history, the present state, and the future of the legal dimensions of the concept of sustainable development within international law.

Chapter 1 is a discussion of the scope of the concept of sustainable development. It examines the multiple dimensions of the concept and how these different angles to this concept have contributed to both its advance and decline in the law. This conceptual challenge accounted for the concept’s poor meaning and considerably poor performance. This chapter also provides insights into theoretical and methodological considerations underpinning this book, including the choice of Africa as the pivot of analysis and Third World Approaches to International Law as a scholarly approach.

Chapter 4 analyses the history, evolution, internalisation, and legal operationalisation of sustainable development in Africa. The analysis reveals how concepts like sustainable development flow through nations and regions without being influenced by the peoples and politics that matter to that part of the world. It reveals the colonial and postcolonial politics of natural resource access in Africa by mapping the concept’s progress. It discusses the concept and its link to the international law on nature conservation and how that history omitted Africa as a framework for analysing the law and politics of sustainable development. It also explores Africa’s perspectives on international law relative to the Global South’s position on sustainable development within the never-ending Third World international law-making project. It also reveals deficits in the dominant rights-based approach to sustainable development in Africa as uncritically empowering the state over non-state interests as the state has failed to purposefully incorporate customary and indigenous governance into sustainable development. In addressing this question, I examine the promise and failure of the implementation of sustainable development as seen through the work of Africa’s regional adjudicative institutions.

Chapter 6 expands on African legal cosmologies by demonstrating what it is that the world has missed out on by not incorporating customary law, ethics, and Indigenous norms from the Global South much earlier into the jurisprudence on sustainable development. The different senses of the legal dimensions of the concept of sustainable development as embedded in non-positivist legal traditions and thinking about law differently have tremendous potential to ensure that the sustainable development becomes effectively local, a concern that must engage the attention of international law scholars. This is where eco-legal philosophies and ecological integrity interact to found ecological law which involves reorganising the law–ecology nexus by retrenching the overbearing dominance of Eurocentric law on the planetary community and its disproportionate dominance in the humanity–nature nexus. In this respect, the renewed normativity of sustainable development as ecological integrity recalibrates law as a subset of a universal whole where law is appropriately located within, and not external to, nature. This remedial task is made possible by forging a beneficial interconnection between customary law, ethics, and Indigenous norms guided by the awareness that sustainable development reflects legal pluriversality and a significant feature of alternative legal ontologies.

Chapter 3 analyses the normativity of sustainable development in international law and politics as expressed beyond the questions on its present (domestic) manifestations or the endless struggle to place the concept within general legal (normative) registers. It highlights how international law tends to subordinate non-Western experiences in its elevation of sustainable development into a global standard. What emerges from this process is that the more the world pursues sustainable development in its current form, the more we unwittingly contribute to the global dissemination of a particular strand of Eurocentrism. Sustainable development thus reveals itself as an amalgam of power and knowledge while simultaneously establishing itself as a vital component in international legal governance. What emerges in this chapter is that, although the concept of sustainable development is always at the forefront of international public discourse, little is done, in fact, to achieve its presumed objectives. Thus, while sustainable development’s quick ascent to become a universalist concept is central to this book, the concept’s character must be understood as quietly operating to mute global ecological violence that disproportionately affects marginalised peoples in the Global South.