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.

Having articulated the need for and benefits of culturally sensitive approaches to human rights implementation involving social institutions, Chapter 3 considers their permissibility under international law. It does this by analysing the obligations on states parties to implement international human rights treaties, focusing on their discretion to employ measures so long as they are effective. This includes enacting legislation or undertaking a variety of other measures of implementation. Despite this broad discretion, Chapter 3 discerns a preference for the domestic legal incorporation of treaties evinced by scholars and the UN treaty bodies. This preference is critiqued as part of the legalisation of human rights, which marginalises other effective implementation measures that may be more culturally sensitive. Analysing the human rights treaties, as well as the interpretations of their respective treaty bodies, Chapter 3 identifies the wide scope for UN human rights treaties to be implemented via measures other than legislation.

The introductory chapter frames the book in the contemporary setting of persistent human rights violations, increasing human rights contestation and shifting global dynamics. The chapter articulates the challenge of human rights implementation, highlighting the gap between international norms and local realities. It identifies several problematic factors in the effective domestic implementation of international human rights law. First, the chapter addresses the long-standing cultural critique of universal human rights, and their continued cultural disconnect in many societies today. It then addresses the state-centric and legalistic nature of human rights as problematic factors in implementation. This first chapter advocates an increased role for other (non-legal) measures and other (non-state) actors in the domestic implementation of human rights in order to overcome the problems identified. Specifically, a greater role for social institutions is advocated. Finally, the first chapter sets out the book’s research design, case study and structure.