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Comparative Law

2009

Selected Works

James Thuo Gathii

Articles 1 - 8 of 8

Full-Text Articles in Law

Jurisdiction To Prosecute Non-National Pirates Captured By Third States Under Kenyan And International Law, James Thuo Gathii Apr 2009

Jurisdiction To Prosecute Non-National Pirates Captured By Third States Under Kenyan And International Law, James Thuo Gathii

James Thuo Gathii

On January 16, 2009, Kenya and the United States signed a Memorandum of Understanding (MOU) under which Kenya agreed to try suspected pirates captured by the U.S. In addition, Kenya signed a similar MOU with the European Union on March 6, 2009. Another is planned between Kenya and China.

This paper examines Kenya’s decision to receive and prosecute these suspects, as well as an important new Merchant Shipping law, (currently awaiting Presidential assent), that confers on Kenyan Courts jurisdiction over non-nationals for hijacking and robbery committed on the high seas. This statute effectively establishes universal jurisdiction over piracy. This new …


Jurisdiction To Prosecute Non-National Pirates Captured By Third States Under Kenyan And International Law, James Thuo Gathii Mar 2009

Jurisdiction To Prosecute Non-National Pirates Captured By Third States Under Kenyan And International Law, James Thuo Gathii

James Thuo Gathii

On January 16, 2009, Kenya and the United States signed a Memorandum of Understanding (MOU) under which Kenya agreed to try suspected pirates captured by the U.S. In addition, Kenya signed a similar MOU with the European Union on March 6, 2009. Another is planned between Kenya and China.

This paper examines Kenya’s decision to receive and prosecute these suspects, as well as an important new Merchant Shipping law, (currently awaiting Presidential assent), that confers on Kenyan Courts jurisdiction over non-nationals for hijacking and robbery committed on the high seas. This statute effectively establishes universal jurisdiction over piracy. This new …


Defining The Relationship Between Corruption And Human Rights, James Thuo Gathii Mar 2009

Defining The Relationship Between Corruption And Human Rights, James Thuo Gathii

James Thuo Gathii

The relationship between corruption and human rights is only beginning to be seriously examined. A major premise of the ongoing research argues that corruption disables a State from meeting its obligations to respect, fulfill and protect the human rights of its citizens.

This study explores two other relationships between human rights and corruption. First, by showing how individualistic and procedural rights have been used to defeat investigations and prosecutions of corruption by high level governmental officials. Second, in demonstrating how anti-corruption reforms have primarily targeted the promotion market efficiency while reducing spending in meeting basic needs and rights such as …


Defining The Relationship Between Corruption And Human Rights, James Thuo Gathii Mar 2009

Defining The Relationship Between Corruption And Human Rights, James Thuo Gathii

James Thuo Gathii

The relationship between corruption and human rights is only beginning to be seriously examined. A major premise of the ongoing research argues that corruption disables a State from meeting its obligations to respect, fulfill and protect the human rights of its citizens.

This study explores two other relationships between human rights and corruption. First, by showing how individualistic and procedural rights have been used to defeat investigations and prosecutions of corruption by high level governmental officials. Second, in demonstrating how anti-corruption reforms have primarily targeted the promotion market efficiency while reducing spending in meeting basic needs and rights such as …


Defining The Relationship Between Corruption And Human Rights, James Thuo Gathii Feb 2009

Defining The Relationship Between Corruption And Human Rights, James Thuo Gathii

James Thuo Gathii

The relationship between corruption and human rights is only beginning to be seriously examined. A major premise of the ongoing research argues that corruption disables a State from meeting its obligations to respect, fulfill and protect the human rights of its citizens.

This study explores two other relationships between human rights and corruption. First, by showing how individualistic and procedural rights have been used to defeat investigations and prosecutions of corruption by high level governmental officials. Second, in demonstrating how anti-corruption reforms have primarily targeted the promotion market efficiency while reducing spending in meeting basic needs and rights such as …


Defining The Relationship Between Corruption And Human Rights, James Thuo Gathii Feb 2009

Defining The Relationship Between Corruption And Human Rights, James Thuo Gathii

James Thuo Gathii

The relationship between corruption and human rights is only beginning to be seriously examined. A major premise of the ongoing research argues that corruption disables a State from meeting its obligations to respect, fulfill and protect the human rights of its citizens.

This study explores two other relationships between human rights and corruption. First, by showing how individualistic and procedural rights have been used to defeat investigations and prosecutions of corruption by high level governmental officials. Second, in demonstrating how anti-corruption reforms have primarily targeted the promotion market efficiency while reducing spending in meeting basic needs and rights such as …


Defining The Relationship Between Corruption And Human Rights, James Thuo Gathii Feb 2009

Defining The Relationship Between Corruption And Human Rights, James Thuo Gathii

James Thuo Gathii

The relationship between corruption and human rights is only beginning to be seriously examined. A major premise of the ongoing research argues that corruption disables a State from meeting its obligations to respect, fulfill and protect the human rights of its citizens.

This study explores two other relationships between human rights and corruption. First, by showing how individualistic and procedural rights have been used to defeat investigations and prosecutions of corruption by high level governmental officials. Second, in demonstrating how anti-corruption reforms have primarily targeted the promotion market efficiency while reducing spending in meeting basic needs and rights such as …


Defining The Relationship Between Corruption And Human Rights, James Thuo Gathii Feb 2009

Defining The Relationship Between Corruption And Human Rights, James Thuo Gathii

James Thuo Gathii

The relationship between corruption and human rights is only beginning to be seriously examined. A major premise of the ongoing research argues that corruption disables a State from meeting its obligations to respect, fulfill and protect the human rights of its citizens.

This study explores two other relationships between human rights and corruption. First, by showing how individualistic and procedural rights have been used to defeat investigations and prosecutions of corruption by high level governmental officials. Second, in demonstrating how anti-corruption reforms have primarily targeted the promotion market efficiency while reducing spending in meeting basic needs and rights such as …