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James Thuo Gathii

Biographic Data

ID5653334
NAMEJames Thuo Gathii
GIVEN NAMESJames Thuo
FAMILY NAMEGathii
SIGNATUREGATHII J T
AFFILIATIONSLoyola University Chicago
ORCID0009-0008-3402-1981
VERIFIEDYes
TOTAL WORKS19
TOTAL CITATIONS54
AUTHOR COUNT19
EDITOR COUNT0
FIRST PUBLICATION YEAR1998
LATEST PUBLICATION YEAR2023
H-INDEX3
  • Beyond Color-Blind International Economic Law

    Open Access•James Thuo Gathii•ARTICLE•AJIL Unbound•2023

    This essay makes three claims. First, that the central role of race in international economic law has been erased and much more needs to be done to recover its large footprints in the discipline as well as in the policies and practices that constitute it. Second, that rules of international economic law formally embed racially constructed hierarchies, such as those that subordinate the status of former and current colonies. Further, that this sub…

  • Introduction to the symposium on Race, Racism, and International Law

    Open Access•E Tendayi Achiume, James Thuo Gathii•ARTICLE•AJIL Unbound•2023

    An abstract is not available for this content. As you have access to this content, full HTML content is provided on this page. A PDF of this content is also available in through the ‘Save PDF’ action button

  • Introduction to the Symposium on Investor Responsibility: The Next Frontier in International Investment Law

    Open Access•James Thuo Gathii, James Gathii et al.•ARTICLE•AJIL Unbound•2019

    This symposium focuses on the fact that investors enjoy a suite of rights and privileges without corresponding responsibilities in international investment law. Is there a more promising future on the horizon for lawyers and advocates dissatisfied with the perceived imbalance between the rights conferred and the duties assigned to transnational corporations in today’s interconnected world? This symposium looks at the possibilities and limits that…

  • Recharacterizing Corruption to Encompass Illicit Financial Flows

    Open Access•James Thuo Gathii•ARTICLE•AJIL Unbound•2019

    Anticorruption treaties generally define corruption as the abuse of entrusted power for private gain. As such, global anticorruption efforts primarily target transactions involving the bribery of governmental officials. The definition excludes transactions in which multinational corporations deprive developing states of revenue by failing to pay taxes and other monies due. Yet such transactions are equally injurious to the development agenda of p…

  • The East African Court of Justice

    James Thuo Gathii•BOOK•International Court Authority•2018

    This chapter discusses how human rights advocates and business actors resort to the East African Court of Justice (EACJ). The EACJ has intermediate authority at a thin-elite level in human rights cases because urban-based, human rights nongovernmental organizations, pro-democracy activists, and governmental officials recognize the legally binding nature of the EACJ’s human rights cases and give effect to its rulings. Human rights advocates have l…

  • Introduction to the Symposium on B.S. Chimni, “Customary International Law: A Third World Perspective”

    Open Access•Antony Anghie, James Thuo Gathii et al.•ARTICLE•AJIL Unbound•2018

    10.1017/aju.2018.80

  • Introduction to the Symposium on Africa and the Future of International Trade Regimes

    Open Access•James Thuo Gathii•ARTICLE•AJIL Unbound•2017

    An abstract is not available for this content. As you have access to this content, full HTML content is provided on this page. A PDF of this content is also available in through the ‘Save PDF’ action button

  • Introduction to Symposium on Theorizing Twail Activism

    Open Access•James Thuo Gathii, Henry J Richardson et al.•ARTICLE•AJIL Unbound•2016

    An abstract is not available for this content so a preview has been provided. As you have access to this content, a full PDF is available via the ‘Save PDF’ action button

  • Backlash against International Courts in West, East and Southern Africa: Causes and Consequences: Table 1

    Karen J Alter, James Thuo Gathii et al.•ARTICLE•European Journal of International…•2016•Cited by: 35

    This article discusses three credible attempts by African governments to restrict the jurisdiction of three similarly situated sub-regional courts in response to politically controversial rulings. In West Africa, when the Court of the Economic Community of West African States (ECOWAS) upheld allegations of torture by opposition journalists in Gambia, that country’s political leaders sought to restrict the Court’s power to review human rights comp…

  • National Commissioner of the South African Police Service v. Southern African Human Rights Litigation Centre

    Open Access•James Thuo Gathii•ARTICLE•American Journal of International…•2016

    An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content

  • Introduction to Symposium on TWAIL Perspectives on ICL, IHL, and Intervention

    Open Access•James Thuo Gathii, Henry J Richardson•ARTICLE•AJIL Unbound•2015

    An abstract is not available for this content so a preview has been provided. As you have access to this content, a full PDF is available via the ‘Save PDF’ action button

  • The Turn to Contractual Responsibility in the Global Extractive Industry

    Open Access•James Thuo Gathii, Ibironke T Odumosu-Ayanu•ARTICLE•Business and Human Rights Journal•2015•Cited by: 6•References: 10

    This article argues that there is a newer model of contracting for natural resources that expands the potential for corporate responsibility towards those adversely affected by business activities. It lays out the conceptual roadmap and justification underlying these shifts and changes in contracting for natural resources. The article calls for a renewed focus in exploring enforcement of corporate obligations for impacts to individuals and commun…

  • Introduction to the Ajil Unbound Symposium on Recognition of Governments and Customary International Law

    Open Access•James Thuo Gathii, James Gathii•ARTICLE•AJIL Unbound•2014

    In the lead essay in this symposium, Professor Erika de Wet contends that notwithstanding all of the post-Cold War enthusiasm for a right to democratic governance and the non-recognition of governments resulting from coups and unconstitutional changes of government, a customary international law norm on the nonrecognition of governments established anti-democratically has not emerged. De Wet’s position, primarily based on state practice in Africa…

  • African Regional Trade Agreements as Legal Regimes

    James Thuo Gathii•BOOK•African Regional Trade Agreements…•2011

  • Kenya's Piracy Prosecutions

    Open Access•James Thuo Gathii•ARTICLE•American Journal of International…•2010•References: 1

    Kenya became a primary destination for the prosecution of pirates captured off the coast of Somalia from late 2008 to late 2009. Yet none of the pirates being tried in Kenya as of April 2010 were captured by Kenyan armed forces but, rather, by non-Kenyan forces whose countries had signed agreements with Kenya for it to conduct such trials. In Resolution 1851 of December 16, 2008, the United Nations Security Council had urged states and regional o…

  • A Critical Appraisal of the International Legal Tradition of Taslim Olawale Elias

    Open Access•James Thuo Gathii•ARTICLE•Leiden Journal of International Law•2008•Cited by: 3•References: 3

    This essay critically examines T. O. Elias's international legal scholarship, especially in so far as he sought to reclaim, or claim, a place in international legal history for Africa. Having found that Africa contributed to the formation of international law, Elias argued in favour of reforming its rules so that they could serve the interests of the newly independent African states. In this respect he influenced many contemporary international l…

  • ICJ—prohibition against the use of force—self-defense under Article 51 of the UN Charter—duty of vigilance—IHR and IHL under belligerent occupation

    Open Access•Daniel Bodansky, James Thuo Gathii•ARTICLE•American Journal of International…•2007

    Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda). At http://www.icj-cij.org >. International Court of Justice, December 19, 2005. In its December 19, 2005, judgment in Armed Activities on the Territory of the Congo v. Uganda (Democratic Republic of the Congo v. Uganda), the International Court of Justice (ICJ) found Uganda to have engaged in grave violations of the prohibition on the use of force and of …

  • Geographical Hegelianism in Territorial Disputes Involving Non-European Land Relations: An Analysis of the Case Concerning Kasikili/Sedudu Island (Botswana/Namibia)

    Open Access•James Thuo Gathii•ARTICLE•Leiden Journal of International Law•2002•Cited by: 2

    This article reviews the case concerning Kasikili/Sedudu Island with reference to acquisition of title to territory under international law. It traces the ICJ's use of evidence of African use and occupation to establish territorial sovereignty in a European state. The tests adopted by the Court are based on Eurocentric assumptions that only the consent of European states is necessary to adjudicate nineteenth century claims of title to territory. …

  • International Law and Eurocentricity

    James Thuo Gathii•ARTICLE•European Journal of International…•1998•Cited by: 8

    This article is a review of two books focused on anti-colonialism. The first book, Legal Polycentricity, validates two contradictory arguments: first, that international law’s universality approach must be replaced with an acceptance of moral pluralism, and, second, that the great benefit of international law is that it is universal. The second book, Sovereigns, Quasi Sovereigns and Africans, explores two ways in which international law bears the…

  • Backlash against International Courts in West, East and Southern Africa: Causes and Consequences: Table 1

    Karen J Alter, James Thuo Gathii et al.•ARTICLE•European Journal of International…•2016•Cited by: 35

    This article discusses three credible attempts by African governments to restrict the jurisdiction of three similarly situated sub-regional courts in response to politically controversial rulings. In West Africa, when the Court of the Economic Community of West African States (ECOWAS) upheld allegations of torture by opposition journalists in Gambia, that country’s political leaders sought to restrict the Court’s power to review human rights comp…

  • International Law and Eurocentricity

    James Thuo Gathii•ARTICLE•European Journal of International…•1998•Cited by: 8

    This article is a review of two books focused on anti-colonialism. The first book, Legal Polycentricity, validates two contradictory arguments: first, that international law’s universality approach must be replaced with an acceptance of moral pluralism, and, second, that the great benefit of international law is that it is universal. The second book, Sovereigns, Quasi Sovereigns and Africans, explores two ways in which international law bears the…

  • The Turn to Contractual Responsibility in the Global Extractive Industry

    Open Access•James Thuo Gathii, Ibironke T Odumosu-Ayanu•ARTICLE•Business and Human Rights Journal•2015•Cited by: 6•References: 10

    This article argues that there is a newer model of contracting for natural resources that expands the potential for corporate responsibility towards those adversely affected by business activities. It lays out the conceptual roadmap and justification underlying these shifts and changes in contracting for natural resources. The article calls for a renewed focus in exploring enforcement of corporate obligations for impacts to individuals and commun…

  • A Critical Appraisal of the International Legal Tradition of Taslim Olawale Elias

    Open Access•James Thuo Gathii•ARTICLE•Leiden Journal of International Law•2008•Cited by: 3•References: 3

    This essay critically examines T. O. Elias's international legal scholarship, especially in so far as he sought to reclaim, or claim, a place in international legal history for Africa. Having found that Africa contributed to the formation of international law, Elias argued in favour of reforming its rules so that they could serve the interests of the newly independent African states. In this respect he influenced many contemporary international l…

  • Geographical Hegelianism in Territorial Disputes Involving Non-European Land Relations: An Analysis of the Case Concerning Kasikili/Sedudu Island (Botswana/Namibia)

    Open Access•James Thuo Gathii•ARTICLE•Leiden Journal of International Law•2002•Cited by: 2

    This article reviews the case concerning Kasikili/Sedudu Island with reference to acquisition of title to territory under international law. It traces the ICJ's use of evidence of African use and occupation to establish territorial sovereignty in a European state. The tests adopted by the Court are based on Eurocentric assumptions that only the consent of European states is necessary to adjudicate nineteenth century claims of title to territory. …

  • International Law and Eurocentricity

    James Thuo Gathii•ARTICLE•European Journal of International…•1998•Cited by: 8

    This article is a review of two books focused on anti-colonialism. The first book, Legal Polycentricity, validates two contradictory arguments: first, that international law’s universality approach must be replaced with an acceptance of moral pluralism, and, second, that the great benefit of international law is that it is universal. The second book, Sovereigns, Quasi Sovereigns and Africans, explores two ways in which international law bears the…

  • Geographical Hegelianism in Territorial Disputes Involving Non-European Land Relations: An Analysis of the Case Concerning Kasikili/Sedudu Island (Botswana/Namibia)

    Open Access•James Thuo Gathii•ARTICLE•Leiden Journal of International Law•2002•Cited by: 2

    This article reviews the case concerning Kasikili/Sedudu Island with reference to acquisition of title to territory under international law. It traces the ICJ's use of evidence of African use and occupation to establish territorial sovereignty in a European state. The tests adopted by the Court are based on Eurocentric assumptions that only the consent of European states is necessary to adjudicate nineteenth century claims of title to territory. …

  • ICJ—prohibition against the use of force—self-defense under Article 51 of the UN Charter—duty of vigilance—IHR and IHL under belligerent occupation

    Open Access•Daniel Bodansky, James Thuo Gathii•ARTICLE•American Journal of International…•2007

    Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda). At http://www.icj-cij.org >. International Court of Justice, December 19, 2005. In its December 19, 2005, judgment in Armed Activities on the Territory of the Congo v. Uganda (Democratic Republic of the Congo v. Uganda), the International Court of Justice (ICJ) found Uganda to have engaged in grave violations of the prohibition on the use of force and of …

  • A Critical Appraisal of the International Legal Tradition of Taslim Olawale Elias

    Open Access•James Thuo Gathii•ARTICLE•Leiden Journal of International Law•2008•Cited by: 3•References: 3

    This essay critically examines T. O. Elias's international legal scholarship, especially in so far as he sought to reclaim, or claim, a place in international legal history for Africa. Having found that Africa contributed to the formation of international law, Elias argued in favour of reforming its rules so that they could serve the interests of the newly independent African states. In this respect he influenced many contemporary international l…

  • Kenya's Piracy Prosecutions

    Open Access•James Thuo Gathii•ARTICLE•American Journal of International…•2010•References: 1

    Kenya became a primary destination for the prosecution of pirates captured off the coast of Somalia from late 2008 to late 2009. Yet none of the pirates being tried in Kenya as of April 2010 were captured by Kenyan armed forces but, rather, by non-Kenyan forces whose countries had signed agreements with Kenya for it to conduct such trials. In Resolution 1851 of December 16, 2008, the United Nations Security Council had urged states and regional o…

  • African Regional Trade Agreements as Legal Regimes

    James Thuo Gathii•BOOK•African Regional Trade Agreements…•2011

  • Introduction to the Ajil Unbound Symposium on Recognition of Governments and Customary International Law

    Open Access•James Thuo Gathii, James Gathii•ARTICLE•AJIL Unbound•2014

    In the lead essay in this symposium, Professor Erika de Wet contends that notwithstanding all of the post-Cold War enthusiasm for a right to democratic governance and the non-recognition of governments resulting from coups and unconstitutional changes of government, a customary international law norm on the nonrecognition of governments established anti-democratically has not emerged. De Wet’s position, primarily based on state practice in Africa…

  • Introduction to Symposium on TWAIL Perspectives on ICL, IHL, and Intervention

    Open Access•James Thuo Gathii, Henry J Richardson•ARTICLE•AJIL Unbound•2015

    An abstract is not available for this content so a preview has been provided. As you have access to this content, a full PDF is available via the ‘Save PDF’ action button

  • The Turn to Contractual Responsibility in the Global Extractive Industry

    Open Access•James Thuo Gathii, Ibironke T Odumosu-Ayanu•ARTICLE•Business and Human Rights Journal•2015•Cited by: 6•References: 10

    This article argues that there is a newer model of contracting for natural resources that expands the potential for corporate responsibility towards those adversely affected by business activities. It lays out the conceptual roadmap and justification underlying these shifts and changes in contracting for natural resources. The article calls for a renewed focus in exploring enforcement of corporate obligations for impacts to individuals and commun…

  • Introduction to Symposium on Theorizing Twail Activism

    Open Access•James Thuo Gathii, Henry J Richardson et al.•ARTICLE•AJIL Unbound•2016

    An abstract is not available for this content so a preview has been provided. As you have access to this content, a full PDF is available via the ‘Save PDF’ action button

  • Backlash against International Courts in West, East and Southern Africa: Causes and Consequences: Table 1

    Karen J Alter, James Thuo Gathii et al.•ARTICLE•European Journal of International…•2016•Cited by: 35

    This article discusses three credible attempts by African governments to restrict the jurisdiction of three similarly situated sub-regional courts in response to politically controversial rulings. In West Africa, when the Court of the Economic Community of West African States (ECOWAS) upheld allegations of torture by opposition journalists in Gambia, that country’s political leaders sought to restrict the Court’s power to review human rights comp…

  • National Commissioner of the South African Police Service v. Southern African Human Rights Litigation Centre

    Open Access•James Thuo Gathii•ARTICLE•American Journal of International…•2016

    An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content

  • Introduction to the Symposium on Africa and the Future of International Trade Regimes

    Open Access•James Thuo Gathii•ARTICLE•AJIL Unbound•2017

    An abstract is not available for this content. As you have access to this content, full HTML content is provided on this page. A PDF of this content is also available in through the ‘Save PDF’ action button

  • The East African Court of Justice

    James Thuo Gathii•BOOK•International Court Authority•2018

    This chapter discusses how human rights advocates and business actors resort to the East African Court of Justice (EACJ). The EACJ has intermediate authority at a thin-elite level in human rights cases because urban-based, human rights nongovernmental organizations, pro-democracy activists, and governmental officials recognize the legally binding nature of the EACJ’s human rights cases and give effect to its rulings. Human rights advocates have l…

  • Introduction to the Symposium on B.S. Chimni, “Customary International Law: A Third World Perspective”

    Open Access•Antony Anghie, James Thuo Gathii et al.•ARTICLE•AJIL Unbound•2018

    10.1017/aju.2018.80

  • Introduction to the Symposium on Investor Responsibility: The Next Frontier in International Investment Law

    Open Access•James Thuo Gathii, James Gathii et al.•ARTICLE•AJIL Unbound•2019

    This symposium focuses on the fact that investors enjoy a suite of rights and privileges without corresponding responsibilities in international investment law. Is there a more promising future on the horizon for lawyers and advocates dissatisfied with the perceived imbalance between the rights conferred and the duties assigned to transnational corporations in today’s interconnected world? This symposium looks at the possibilities and limits that…

  • Recharacterizing Corruption to Encompass Illicit Financial Flows

    Open Access•James Thuo Gathii•ARTICLE•AJIL Unbound•2019

    Anticorruption treaties generally define corruption as the abuse of entrusted power for private gain. As such, global anticorruption efforts primarily target transactions involving the bribery of governmental officials. The definition excludes transactions in which multinational corporations deprive developing states of revenue by failing to pay taxes and other monies due. Yet such transactions are equally injurious to the development agenda of p…

  • Beyond Color-Blind International Economic Law

    Open Access•James Thuo Gathii•ARTICLE•AJIL Unbound•2023

    This essay makes three claims. First, that the central role of race in international economic law has been erased and much more needs to be done to recover its large footprints in the discipline as well as in the policies and practices that constitute it. Second, that rules of international economic law formally embed racially constructed hierarchies, such as those that subordinate the status of former and current colonies. Further, that this sub…

  • Introduction to the symposium on Race, Racism, and International Law

    Open Access•E Tendayi Achiume, James Thuo Gathii•ARTICLE•AJIL Unbound•2023

    An abstract is not available for this content. As you have access to this content, full HTML content is provided on this page. A PDF of this content is also available in through the ‘Save PDF’ action button

Political science (18 works) · Law (13 works) · International law (8 works) · Law (8 works) · Law and economics (8 works) · International Law and Human Rights (7 works) · Politics (7 works) · Sociology (7 works) · Business (5 works) · Human Rights and Development (5 works)

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