Law Commons^™

Writing Race And Identity In A Global Context: What Crt And Twail Can Learn From Each Other, James T. Gathii

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This Article argues that issues of race and identity have so far been underemphasized, understudied, and undertheorized in mainstream international law. To address this major gap, this Article argues that there is an opportunity for learning, sharing, and collaboration between Critical Race Theorists (CRT) and scholars of Third World Approaches to International Law (TWAIL). Such a collaboration, this Article argues, would produce a very sharp lens of tracing issues of race and identity in the imperial, transnational, and global histories of international law and their contemporary continuities. By adopting a framework of studying race and identity in a global context, …

Studying Race In International Law Scholarship Using A Social Science Approach, James T. Gathii

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This Essay takes up Abebe, Chilton, and Ginsburg's invitation to use a social science approach to establish or ascertain some facts about international law scholarship in the United States. The specific research question that this Essay seeks to answer is to what extent scholarship has addressed international law's historical and continuing complicity in producing racial inequality and hierarchy, including slavery, as well as the subjugation and domination of the peoples of the First Nations. To answer this question, this Essay uses the content published in the American Journal of International Law (AJIL) from when it was first published in 1907 …

The Promise Of International Law: A Third World View, James T. Gathii

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No abstract provided.

Judicialization Of Election Disputes In Africa’S International Courts, James T. Gathii

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When elections are judicialized in Africa, national courts overwhelmingly legitimize incumbent electoral victories. When opposition candidates lose in high stakes presidential and gubernatorial elections, they seldom concede defeat with- out legal challenges. Claims of electoral irregularities, fraud, incompetence of electoral bodies, violence, and an unequal playing field, among other factors, transform these cases into highly contested mega-political disputes when they are judicialized.

Rather than creating new political equilibria, judicialization in national courts often results in the hegemonic preservation of incumbents. Though opposition politicians and political parties know this, they nonetheless resort to international courts in Africa, in part, because they …

Africa And The Radical Origins Of The Right To Development, James T. Gathii

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This article builds on my earlier scholarship on African approaches to international law through examining the evolution of the right to development. Previously, I identified two approaches to international law in Africa – a contibutionist (or weak) approach and a critical (or strong) approach. Through analysis of the tight to development in the work of two eminent Senegalist jurists, Doudou Thiam and Keba Mbaye, I show that while Thiam adopts a radical stance that falls within the realm of critical approaches, Mbaye charts a third way: One that shares aspects of both approaches but has distinct characteristics of its own. …

Beyond Samuel Moyn's Countermajoritatian Difficulty As A Model Of Global Judicial Review, James T. Gathii

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This Article responds to Samuel Moyn's critique of judicial review and his endorsement of judicial modesty as an alternative. By invoking the countermajoritarian difficulty, Moyn argues that judicial overreach has become an unwelcome global phenomenon that should be reexamined and curbed. I reject Moyn's claim that this kind of judicial modesty should define the role of courts for all time. By applying the countermajoritarian difficulty beyond its United States origins, Moyn assumes it is an unproblematic baseline against which to measure the role of courts globally. Moyn's vision says nothing about when it would be appropriate for courts to rule …

Cuban Law & Legal Research: A Snapshot During The Deshielo: A Handout Prepared To Accompany Program D4, American Association Of Law Libraries Annual Meeting & Conference, Austin, Texas, July 17, 2017, Julienne Grant, Marisol Floren-Romero

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Researching Cuban law poses numerous challenges for U.S. researchers. These challenges run the gamut from an inadequate understanding of Cuban sources of law, to unwieldy government websites. This guide addresses those challenges head on by providing a snapshot of Cuban law and an assessment of Cuban legal resources. The guide served as a handout to accompany the program, “Cuban Law and Legal Research: A Snapshot During the Deshielo,” presented at the American Association of Law Libraries’ Annual Meeting & Conference on July 17, 2017, in Austin, Texas.

Henry J. Richardson Iii: The Father Of Black Traditions Of International Law, James T. Gathii

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No abstract provided.

Regime Shifting Of Ip Law Making And Enforcement From The Wto To The International Investment Regime, James T. Gathii, Cynthia M. Ho

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No abstract provided.

The Variation In The Use Of Sub-Regional Integration Courts Between Business And Human Rights Actors: The Case Of The East African Court Of Justice, James T. Gathii

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No abstract provided.

Strength In Intellectual Property Protection And Foreign Direct Investment Flows In Least Developed Countries, James T. Gathii

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No abstract provided.

Saving The Serengeti: Africa's New International Judicial Environmentalism, James T. Gathii

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This Article analyzes recent environmental law decisions of Africa's fledgling international courts. In 2014, for example, the East African Court of Justice stopped the government of Tanzania from building a road across Serengeti National Park because of its potential adverse environmental impacts. Decisions like these have inaugurated a new era of enhanced environmental judicial protection in Africa. This expansion into environmental law decision-making by Africa's international trade courts contrasts with other international courts that are designed to specialize on one issue area such as human rights or international trade, but not both. By contrast, Africa's international courts are simultaneously pushing …

A Collision Course Between Trips Flexibilities And Investor-State Proceedings, Cynthia M. Ho

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This Article discusses an important, yet understudied threat to patent, as well as other intellectual property sovereignty under TRIPS: pending and potential challenges by companies under international agreements protecting investments. Although such agreements have existed for decades, Philip Morris and Eli Lilly are blazing a new path for companies to sue countries they claim interfere with their intellectual property rights through so-called investor-state arbitrations. These suits seek hundreds of millions in compensation and even injunctive relief for alleged violations of internationally agreed intellectual property norms. The suits fundamentally challenge TRIPS flexibilities at the very time the Declaration on Patent Protection …

Arbitration/Litigation Interface: The European Debate, Margaret L. Moses

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In recent years, there has been a debate in the European Union over the need to provide a transparent and predictable interface between international arbitration and cross-border litigation. That debate has recently culminated in the issuance of the Recast Brussels Regulation (the Recast), effective January 10, 2015. However, the Recast has not provided a method to accomplish this interface because it does not prevent parallel proceedings. Parallel proceedings occur when a party that had agreed to arbitrate nonetheless goes to court while the other party proceeds with arbitration. These parallel proceedings undermine the effectiveness of arbitration because of increased cost, …

Mexican Law And Legal Research, Julienne Grant, Jonathan Pratter, Bianca Anderson, Marisol Floren-Romero, Jootaek Lee, Lyonette Louis-Jacques, Teresa Miguel-Stearns, Sergio Stone

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No abstract provided.

Beyond China’S Human Rights Exceptionalism In Africa: Leveraging Science, Technology And Engineering For Long-Term Growth, James T. Gathii

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No abstract provided.

Curtailing Ecosystem Exportation: Ecosystem Services As A Basis To Reconsider The Merits Of Export-Driven Agriculture In Economies Highly Dependent On Agricultural Exports, James T. Gathii, Keith H. Hirokawa

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ABSTRACT Functioning ecosystems play a critical role in providing goods and services needed to sustain human life.' Water provision and filtration, biodiversity, nutrient cycling, climate regulation, and carbon sequestration are all examples of services ecosystems provide that no society could survive without.2 Yet ecosystem services have historically been taken for granted, depleted by intention or ignorance, and replaced with inadequate substitutes.' Recent research on ecosystem services has exposed the shockingly high local, regional, and global costs of losing these essential services.'

Ethics In International Arbitration: Traps For The Unwary, Margaret L. Moses

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No abstract provided.

Twail: A Brief History Of Its Origins, Its Decentralized Network, And A Tentative Bibliography, James T. Gathii

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No abstract provided.

Failing Failed States: A Response To John Yoo, James T. Gathii

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No abstract provided.

Kenya’S Long Anti-Corruption Agenda: 1952-2010: Prospects And Challenges Of The Ethics And Anti-Corruption Commission Under The 2010 Constitution, James T. Gathii

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No abstract provided.

Introduction: Gats And Human Rights, James T. Gathii

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No abstract provided.

Kenya’S Piracy Prosecutions, James T. Gathii

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No abstract provided.

The Under-Appreciated Jurisprudence Of African Regional Trade Judiciaries, James T. Gathii

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No abstract provided.

The Use Of Force, Freedom Of Commerce, And Double Standards In Prosecuting Pirates In Kenya, James T. Gathii

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No abstract provided.

The Financial Action Task Force And Global Administrative Law, James T. Gathii

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No abstract provided.

African Regional Trade Agreements As Flexible Legal Regimes, James T. Gathii

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No abstract provided.

International Economic Law In The Third World, James T. Gathii, Ibironke Odumosu

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No abstract provided.

War’S Legacy In International Investment Law, James T. Gathii

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No abstract provided.

A Critical Appraisal Of The International Legal Tradition Of Taslim Olawale Elias, James T. Gathii

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No abstract provided.