Publications
Research
By Fernando C. Saldivar, S.J., Bryan P. Galligan, S.J., and Charlie Chilufya, S.J. in
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By Fernando C. Saldivar, S.J. in Afronomics Law
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By Bryan P. Galligan, S.J. in Promotio Iustitiae
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When the prophet Ezekiel received a vision promising his people’s return from exile, he saw a miraculous river flowing from the threshold of the rebuilt Jerusalem temple (Ezek. 47:1-12). As the waters flowed east, the river became deeper and gained strength, bringing life to all it touched and renewing relationships both human and ecological. As one commentator argues, this post-trauma promise of consolation was as much about “restoration of the land” as “restoration to the....
By Fernando C. Saldivar, S.J. in Promotio Iustitiae
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Over the next generation or so, once the “Francis Moment” has passed, one of our great challenges will be to unpackage the riches of the social vision of Laudato Si’ and see what care for creation looks like in practice as we incorporate integral ecology into the larger Catholic Social Teaching framework since, as the Pope reminds us, it is just as much a social encyclical as it is a “green” one.1 The Laudato Si’....
By Fernando C. Saldivar, S.J. in Ethics & International Affairs
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On June 5, 2021, the G7 finance ministers reached a landmark agreement to restructure the global system of corporate taxation, the first major reform of the system in nearly a century. While this has been widely hailed as a breakthrough toward a more equitable way of taxing the digital economy and a triumph of multilateralism in the first year of the post-Trump era, the truth is much more complicated than it seems, particularly for countries....
By Bryan P. Galligan, S.J. in International Journal of Human Rights
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The genocide–ecocide nexus has become the topic of a small but growing body of scholarly literature. This literature has largely relied on the original concept of genocide as developed by Raphael Lemkin, with a particular focus on how he conceived colonialism and cultural genocide. While these foci are both legitimate and helpful, Lemkin's later work offers a different approach in theorising the nexus. After detailing the post-war development of Lemkin's thought from eight ‘fields’ of....
By Bryan P. Galligan, S.J. in Marine Policy
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Approaches to global fisheries governance generally fall into one of two broad categories, tending to rely either on an extractivist model that prioritizes macroeconomic growth or a norms-based model that subordinates economic processes to ethical social objectives. While global fisheries could contribute much more effectively and directly to fulfilling the human right to subsistence (an ethical norm that is as universal and binding as any under international law), their potential to do so is undermined....
By Charles Chilufya, S.J. in Jesuit Justice and Ecology Network Africa (JENA)
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The Future of Work in Sub-Saharan Africa will be shaped by shifts and disruptions that have been impacting the world of work, and will continue to do so, which will include the diffusion and adoption of digital technologies. Though much greater in impact, in sub-Saharan, COVID-19 is one among the many shocks that are causing systemic shifts and disruptions in labour markets in subSaharan Africa, which is already marked by serious vulnerability and informality.
By Dennis Kyalo and Charles Chilufya, S.J. in Jesuit Justice and Ecology Network Africa (JENA)
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Achieving an inclusive and sustainable climate sensitive food secure Africa remains at the heart of key global and regional development goals such as Sustainable Development Goals (SDGs) 2030 and Africa Agenda 2063 goals and commitments. This also includes global protocols like the Paris Agreement of 2015 on climate change that seeks to ensure developed nations take responsibility to help developing nations cope with climate change. Research evidence shows ecological climate change related calamities like droughts,....
By Fernando C. Saldivar, S.J. in Commonweal
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On December 1, 2020, the Supreme Court heard oral arguments in the consolidated cases of Nestlé USA, Inc. v. Doe I and Cargill, Inc. v. Doe I. Depending on how the court rules, these cases could mark the end of the Alien Tort Statute (ATS) as a means of holding corporations accountable in U.S. federal courts for human-rights abuses committed abroad. For victims of such abuses, particularly those in Africa, ATS has, until now, provided....
By Bryan P. Galligan, S.J. in Ethics & International Affairs
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For most people, the word “genocide” likely evokes mental images of concentration camps, killing fields, and mass graves. Deforestation, no matter how severe, would seem to be only tenuously related, if at all. And yet, as demonstrated by the prospect of reaching a deforestation tipping point in the Amazon, the destruction of natural ecosystems can in fact threaten the existence of entire human groups in much the same way as Hitler’s gas chambers or Stalin’s....
By Fernando C. Saldivar, S.J. in Commonweal
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A century ago, as Europe was emerging from World War I, there was a consensus that arms proliferation had been one of the chief causes of the conflict. This is why Article Eight of the Covenant of the League of Nations affirmed that “the manufacture by private enterprise of munitions and implements of war is open to grave objections.” The League was therefore committed to the regulation and curtailment of the private arms industry.
By Fernando C. Saldivar, S.J. and Pascal Pax Andebo in Vatican COVID-19 Commission - Africa Task Force
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At the heart of Pope Francis’s pontificate has been an invitation to radically rethink the global financial order, to envision “a different kind of economy: one that brings life not death, one that is inclusive and not exclusive, humane and not dehumanizing, one that cares for the environment and does not despoil it.” On May 1, 2019, the Feast of St. Joseph the Worker, Pope Francis called for a conference to take place in Assisi....
By Fernando C. Saldivar, S.J. in Vatican COVID-19 Commission - Africa Task Force
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The trade in small arms and light weapons (SALW) is both the least regulated and the least transparent of all weapons systems. Global disarmament efforts since the end of the Second World War have focused on nuclear nonproliferation. In fact, the “primary concern” of the United Nations Office for Disarmament Affairs (UNODA) remains weapons of mass destruction, particularly nuclear weapons, “owing to their destructive power and the threat that they pose to humanity.” However, for....
By Fernando C. Saldivar, S.J. in African Journal of International Economic Law
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In 2015, Pope Francis laid out his vision for an integral ecology in his Encyclical on Care for our Common Home Laudato Si’, which flows from an understanding that everything is closely interrelated and that policy solutions to address climate change and poverty will need to be multidimensional and interdisciplinary. In the years since, integral ecology has broadened from a conversation focused on the environment to include a framework for radically rethinking the ethics of....
By Fernando C. Saldivar, S.J. in Columbia Human Rights Law Review
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As a result of the Supreme Court’s increasingly restrictive reading of the Alien Tort Statute (“ATS”), victims of human rights abuses committed abroad have found the federal courthouse door sealed shut. Especially in the wake of Jesner v. Arab Bank, where the Court held that foreign corporations cannot be defendants under the ATS, such entities may feel they can act abroad with impunity, without fear of being held accountable in a U.S. court. However, the....
By Fernando C. Saldivar, S.J. in Promotio Iustitiae
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People in the United States tend to think not only that we perfected constitutional democracy, but we also take our institutional stability for granted. No matter how much we disagree with our elected leaders, rail against the inequalities of the market, or continue to divide ourselves into enclaves based on race and class, there remains embedded in the American psyche an almost Pollyannaish trust in the rule of law. Authoritarianism and populism are problems for....
By Charles Chilufya, S.J. in La Civilita Cattolic
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By Jörg Alt and Charles Chilufya, S.J. in Tax Justice and Global Inequality: Practical Solutions to Protect Developing Country Revenues
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This chapter presents the case for joint tax audits, especially between developed and developing countries, and presents the experiences of Germany and Bavaria. The authors propose including joint tax audits in double tax agreements as this would greatly benefit attempts of developing countries to recover lost revenues and mobilize resources for development. The authors identify the legal foundations and international political commitments for joint tax audits and explore reasons why the instrument has only been....
By Charles Chilufya, S.J. and Makasa Chinyanta in Jesuit Centre for Theological Reflection
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In the wake of the failure of mining-led development to procure the development promise it carried, Corporate Social Responsibility (CSR) has been proposed as one major way to leverage CSR can make to poverty alleviation and other development goals. However, several scholars and practitioners of development have come to the conclusion that current CSR approaches do not warrant such claims. There is thus the need for a critical approach to the strengths and limitations of....
By Charles Chilufya, S.J. in Jesuit Centre for Theological Reflection
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Using the Zambian legal framework and laid down international labour standards, this study has evaluated the working conditions of mineworkers in the Northwestern Province with a specific focus on Kansanshi Mining Plc. and Lumwana Mining Company. The aim of this study was to evaluate the work conditions environment in the mining sector in Solwezi in order elicit advocacy efforts and remedial action that should help ameliorate the situation if not completely eradicate the identified ills....
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