James Thuo Gathii
Biographic Data
| ID | 5653334 |
|---|---|
| NAME | James Thuo Gathii |
| GIVEN NAMES | James Thuo |
| FAMILY NAME | Gathii |
| SIGNATURE | GATHII J T |
| AFFILIATIONS | Loyola University Chicago |
| ORCID | 0009-0008-3402-1981 |
| VERIFIED | Yes |
| TOTAL WORKS | 19 |
| TOTAL CITATIONS | 54 |
| AUTHOR COUNT | 19 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1998 |
| LATEST PUBLICATION YEAR | 2023 |
| H-INDEX | 3 |
Beyond Color-Blind International Economic Law
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
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
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
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
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”
10.1017/aju.2018.80
Introduction to the Symposium on Africa and the Future of International Trade Regimes
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
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
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
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
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
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
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
Kenya's Piracy Prosecutions
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
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
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)
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
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
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
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
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
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)
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
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)
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
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
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
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
Introduction to the Ajil Unbound Symposium on Recognition of Governments and Customary International Law
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
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
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
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
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
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
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
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”
10.1017/aju.2018.80
Introduction to the Symposium on Investor Responsibility: The Next Frontier in International Investment Law
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
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
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
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)