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African Regional Trade Agreements As Flexible Legal Regimes, James Thuo Gathii

James Thuo Gathii

Based on the types of treaty commitments contained in African Regional Trade Agreements (RTAs) and how these RTAs are understood by their members, this article argues these RTAs are flexible legal regimes. Flexibility here refers to the following defining features of African RTAs. First, these RTAs are regarded as establishing flexible regimes of cooperation as opposed to containing rules requiring scrupulous and rigorous adherence. Second, African RTAs incorporate as a central feature the principle of variable geometry according to which different speeds towards meeting time tabled and other commitments are adopted. Third, African RTAs adopt a broad array of social, …

African Regional Trade Agreements As Flexible Legal Regimes, James Thuo Gathii

James Thuo Gathii

Based on the types of treaty commitments contained in African Regional Trade Agreements (RTAs) and how these RTAs are understood by their members, this article argues these RTAs are flexible legal regimes. Flexibility here refers to the following defining features of African RTAs. First, these RTAs are regarded as establishing flexible regimes of cooperation as opposed to containing rules requiring scrupulous and rigorous adherence. Second, African RTAs incorporate as a central feature the principle of variable geometry according to which different speeds towards meeting time tabled and other commitments are adopted. Third, African RTAs adopt a broad array of social, …

African Regional Trade Agreements As Flexible Legal Regimes, James Thuo Gathii

James Thuo Gathii

Based on the types of treaty commitments contained in African Regional Trade Agreements (RTAs) and how these RTAs are understood by their members, this article argues these RTAs are flexible legal regimes. Flexibility here refers to the following defining features of African RTAs. First, these RTAs are regarded as establishing flexible regimes of cooperation as opposed to containing rules requiring scrupulous and rigorous adherence. Second, African RTAs incorporate as a central feature the principle of variable geometry according to which different speeds towards meeting time tabled and other commitments are adopted. Third, African RTAs adopt a broad array of social, …

African Regional Trade Agreements As Flexible Legal Regimes, James Thuo Gathii

James Thuo Gathii

Based on the types of treaty commitments contained in African Regional Trade Agreements (RTAs) and how these RTAs are understood by their members, this article argues these RTAs are flexible legal regimes. Flexibility here refers to the following defining features of African RTAs. First, these RTAs are regarded as establishing flexible regimes of cooperation as opposed to containing rules requiring scrupulous and rigorous adherence. Second, African RTAs incorporate as a central feature the principle of variable geometry according to which different speeds towards meeting time tabled and other commitments are adopted. Third, African RTAs adopt a broad array of social, …

African Regional Trade Agreements As Flexible Legal Regimes, James Thuo Gathii

James Thuo Gathii

Based on the types of treaty commitments contained in African Regional Trade Agreements (RTAs) and how these RTAs are understood by their members, this article argues these RTAs are flexible legal regimes. Flexibility here refers to the following defining features of African RTAs. First, these RTAs are regarded as establishing flexible regimes of cooperation as opposed to containing rules requiring scrupulous and rigorous adherence. Second, African RTAs incorporate as a central feature the principle of variable geometry according to which different speeds towards meeting time tabled and other commitments are adopted. Third, African RTAs adopt a broad array of social, …

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

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 …