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Loyola University Chicago

School of Law

Chairs & Professorships

James Thuo Gathii

Title/s: Wing-Tat Lee Chair in International Law and Professor of Law

Office #: Corboy 1435

Phone: 312.915.7097

E-mail: jgathii@luc.edu

External Webpage: http://works.bepress.com/james_gathii1/

About

James Thuo Gathii's SSRN Website

James Thuo Gathii’s Downloadable Publications

James T. Gathii is a professor of law and Loyola University Chicago’s Wing-Tat Lee Chair in International Law.  He was appointed to this prestigious chair in 2012 following a lengthy international search. Prior to joining Loyola, he was the associate dean for research and scholarship and the Governor George E. Pataki Professor of International Commercial Law at Albany Law School. His distinguished record of scholarship, teaching, and practice in the field of international human rights and trade have made a lasting impact on law and policy in Africa and around the world.  At Loyola, he teaches international trade law, facilitates international law student and faculty exchanges, as well as plans and develops international programs and conferences. 

Professor Gathii is an Independent Expert of the Working Group on Extractive Industries, Environment, and Human Rights Violations in Africa formed by the African Commission on Human and Peoples’ Rights. He is a founding member of the Third World Approaches to International Law network. He serves as co-chair of the African Interest Group of the American Society of International Law, and is a member of two International Law Association Study Committees: The Study Group on the Meaning of War and the Study Group on the Principles on the Engagement of Domestic Courts in the Application of International Law. He is on the Global Faculty of the Trade Policy Training Institute (TRAPCA) in Arusha, Tanzania.  He has also served as a visiting professor at the University of Nairobi’s School of Law, and consulted for a variety of United Nations agencies on World Trade Organization Law.

Professor Gathii is widely published in the areas of international human rights and trade law and speaks extensively on these topics both in the US and abroad. His books African Regional Trade Agreements as Legal Regimes (Cambridge University Press, 2011) and War, Commerce and International Law (Oxford University Press, 2010)have received critical acclaim for their roles in examining the relationship between regional trade rules and the WTO legal system, and how international law is shaped by war and commerce, respectively.  In addition to his books, Professor Gathii has authored over 70 articles and numerous book chapters.

 Profile in Loyola Law, Fall 2012

Degrees

LL.B. (Hons) University of Nairobi, Kenya
SJD (PhD) Harvard Law School
Kenya School of Law (Diploma in the Practice of Law – Admitted as an Advocate of the High Court of Kenya)

Program Areas

International Trade Law
International Law Seminar
International Organizations
International Business Transactions

Professional & Community Affiliations

Co-Chair, Africa Interest Group, American Society of International Law, 2010-2013
Executive Council, American Society of International Law, 2008-2011
American Society of International Law Annual Meeting Planning Committee, 2008 and 2010
Member, International Law Association Study Group on the Meaning of War, 2007 to date
Member, International Law Association Study Group on the Principles on the Engagement of Domestic Courts in the Application of International Law

Awards

2010 Distinguished Faculty Award in Excellence in Scholarship, Albany Law School, May 2010.

Selected Publications

Forthcoming Articles

“Africa,” forthcoming, Oxford Handbook of the History of International Law, Bardo Fassbender, Anne Peters, Simone Peter and Daniel Hogger (eds.), Oxford University Press, (2012)

“The Status of African Regional Trade Agreements,” 4 European Yearbook of International Economic Law,” forthcoming 2013.

“The Cotonou Agreement and Economic Partnership Agreements,” forthcoming in Stephen Marks (ed.) The Right to Development in Theory and Practice: Studies for the Twenty-Fifth Anniversary of the Declaration, (2012)

Curtailing Ecosystem Exportation: Ecosystem Services as a Basis to Reconsider the Merits of Export-Driven Agriculture in Economies Highly Dependent on Agricultural Exports," forthcoming 30 Virginia Environmental Law Journal (forthcoming 2012 with Keith Hirokawa)


Published Articles

“Irregular Forces and Self-Defense Under the UN-Charter,” in Mary O’Connell (ed.) What is War? An Investigation in the Wake of 9/11, Martinus Nijhoff Publishers, 97-108 (2012).

“Mapping African International Law,” Book Review Essay reviewing Mapping New Boundaries in African International Law, Jeremy Levitt (ed.) Carolina Academic Press, 2(3) Transnational Legal Theory 439-441 (2011)

“Food Sovereignty For Poor Countries in the Global Trading System,” 57 Loyola Law Review 509 (2011) (Given as the Brenden Brown Lecture at Loyola New Orleans College of Law, April 2011)

“The Neo-Liberal Turn in Regional Trade Agreements,” 86 Washington University Law Review 421 (2011)

“Introduction: GATS and Human Rights,” Proceedings of the 104 Annual Meeting of the American Society of International Law 127 (2011).

“Failing Failed States: A Response to John Yoo,” 2 California Law Review Circuit 40 (2011)

“Kenya’s Long Anti-Corruption Agenda: 1952-2010: Prospects and Challenges of the Ethics and Anti-Corruption Commission Under the 2010 Constitution,” 4 The Law and Development Review 182 (2011)

“TWAIL: A Brief History of Its Origins, Its Decentralized Network and a Tentative Bibliography,” 3 (1) Trade Law and Development Journal (National Law University, India), 26 (2011)

“Kenya’s Piracy Prosecutions,” 104 American Journal of International Law 416 (2010).

“The Use of Force, Freedom of Commerce, and Double Standards in Prosecuting Pirates in Kenya,” 59 American University Law Review 1321 (2010).

“African Regional Trade Agreements as Flexible Legal Regimes,” 35 North Carolina Journal of International Law and Commercial Regulation 571 (2010).

“The Financial Accounting Task Force and Global Administrative Law,” Journal of the Professional Lawyer 197 (2010).

“The Underappreciated Jurisprudence of African Regional Trade Judiciaries,” 12 Oregon Review of International Law 245 (2010).
 
“Judicial and Anti-Corruption Reform in Africa: Between Market Efficiency and Access to Justice for the Poor” in Ayesha Dias and Gita Welch (eds.), Justice for the Poor: Perspectives on Accelerating Access, (Oxford University Press), 331 (2009).

“Jurisdiction to Prosecute Non-National Pirates Captured by Third States Under Kenyan and International Law,” 31 Loyola of Los Angeles International & Comparative Law Review 363 (2009).

“Foreword: International Economic Law in the Third World,” 11 International Community Law Review 349 (2009) (with Ibironke Odomosu).

“War’s Legacy in International Investment Law,” 11 International Community Law Review 353 (2009).

Defining the Relationship Between Human Rights and Corruption," 31 University of Pennsylvania Journal of International Law 125 (2009).

“Introduction: Tsunamis, Hurricanes, Earthquakes, and Asteroids: Are We Ready for the Next 100 Years,” Proceedings of the 101st Annual Meeting of the American Society of International Law 113 (2008).

“Elections and Multiparty Democracy,” In The New Oxford Companion to Law, (ed. Peter Cane and Joanne Conaghan) 367-368, 2008.

“A Critical Appraisal of the International Legal Tradition of Taslim Olawale Elias,” 21 Leiden Journal of International Law 317 (2008).

“Third World Approaches to International Economic Governance,” Richard Falk, Balakrishnan Rajagopal and Jacquelin Stevens, International Law and the Third World: Reshaping Justice, 255, 2008.
 
“Popular Authorship and Constitution Making: Comparing and Contrasting the DRC and Kenya,” 49 William and Mary Law Review 1109 (2008).

“Introduction: The Third World and International Law,” 9 International Community Law Review 331 (2007).

Case Concerning “Armed Activities on the Territory of the Congo” (Democratic Republic of the Congo v. Uganda), (International Decision), 101 American Journal of International Law 142 (2007).

“Imperialism, Colonialism, and International Law,” 54 Buffalo Law Review 1013 (2007).

“Exporting Culture Wars,” 13 University of California, Davis Journal of International Law & Policy 67 (2006).

Cost-Benefit Analysis Versus the Precautionary Principle: Beyond Cass Sunstein's Laws of Fear,” University of Illinois Law Review 1037 (2006) (Co-author with Gregory Mandel).

“The High Stakes of WTO Reform,” 104 Michigan Law Review 1361 (2006) (book review).

“Approaches to Accessing Essential Medicines and the TRIPS Agreement,” Peter Yu (ed.) Intellectual Property and Information Wealth: Issues and Practice in the Digital Age/International Intellectual Property Law and Policy Vol. IV, 393 (2006).

“Historical Dispossession Through International Law: Iraq in a Historical and Comparative Context,” in Branwen Gruffydd Jones, (ed.) Decolonizing International Relations, (Rowman and Littlefield), 131 (2006).

“The American Origins of Liberal and Illiberal Regimes of International Economic Governance in the Marshall Court,” 54 Buffalo Law Review 765 (2006).

“Commerce, Conquest, and Wartime Confiscation,” 31 Brooklyn Journal of International Law 709 (2006).

“How Necessity May Preclude State Responsibility for Compulsory Licensing Under the TRIPS Agreement,” 31 North Carolina Journal of International Law and Commercial Regulation 943 (2006).

“The Sanctity of Sovereign Loan Contracts and Its Origins in Enforcement Litigation,” 38 George Washington International Law Review 251 (2006).

“Minority Rights in Corporate Law: A Reply to Chander,” 19 National Black Law Journal (Columbia Edition) 57 (2006).

“Foreign Precedents in the Federal Judiciary: The Case of the World Trade Organization’s DSB Decisions,” 34 Georgia Journal of International and Comparative Law 1 (2005).

“International Justice and the Trading Regime,” 19 Emory International Law Review 1407 (2005).

“How American Support for Freedom of Commerce Legitimized King Leopold’s Territorial Ambitions in the Congo,” in Trade as the Guarantor of Peace, Liberty and Security? Critical, Historical and Empirical Perspectives (ASIL Studies in Transnational Legal Policy), 97, Padideh Alai, Tomer Broude & Colin B. Picker, (eds.) (2006).

“Comparative Constitutionalism and Good Governance in the Commonwealth: An Eastern and Southern African Perspective” International Journal of Constitutional Law 172 (2006) (Book Review).

“Third World Perspectives on Global Pharmaceutical Access,” in Michael Santoro and Thomas Gorrie, (eds.) Ethics and the Pharmaceutical Industry, 336 (2005) (Cambridge University Press).

“Assessing Claims of a New Doctrine of Pre-emptive War Under the Doctrine of Sources,” 43 Osgoode Hall Law Journal 67 (2005).

“Humanizing the Pax-Americana Global Empire: A Review Essay,” 4 Washington University Global Studies Law Review 121 (2005).

“Balancing Sovereign Creditor and Debtor Rights Under New York Law,” 9 New York Business Law Journal 20 (2005).

“Wartime Security and Constitutional Liberty,” Foreword, 68 Albany Law Review 1113 (2005).

“Process and Substance in WTO Reform,” 56 Rutgers Law Review 885 (2004).

“Foreign and Other Economic Rights Upon Conquest and Under Occupation: Iraq in Comparative and Historical Context,” 25 University of Pennsylvania Journal of International Economic Law 491 (2004) (Volume II lead article).

“Insulating Domestic Policy Through International Legal Minimalism: A Re-Characterization of the Foreign Affairs Trade Doctrine,” 25 University of Pennsylvania Journal of International Economic Law 1 (2004) (Volume I lead article).

“Torture, Extraterritoriality, Terrorism, and International Law,” 67 Albany Law Review 335 (2003).

“Globalization and Comparative Family Law: A Discussion of Pluralism, Universality, and Markets,” Symposium Foreword, (Co-author with Patricia Youngblood Reyhand), 67 Albany Law Review 545 (2003).

“A Critical Appraisal of the NEPAD Agenda in Light of Africa’s Place in the World Trade Regime in an Era of Market Centered Development,” 13 Transnational Law & Contemporary Problems 179 (2003).

“The Structural Power of Strong Pharmaceutical Patent Protection in U.S. Foreign Policy,” 7 The Journal of Gender, Race & Justice (a Journal of the University of Iowa College of Law) 267 (2003).

“Balancing Patent Rights and Affordability of Prescription Drugs in Addressing Bio-Terrorism: An Analysis of In Re Ciprofloxacin Hydrochloride Antitrust Litigation,” 13 Albany Law Journal of Science and Technology 651 (2003).

“Fairness as Fidelity to Making the WTO Fully Responsive to All Its Members,” 96 American Society of International Law Proceedings 157 (2003).

“Geographical Hegelianism in Territorial Disputes Involving Non-European Land Relations: An Analysis of the Case Concerning Kasikili/Sedudu Island (Botswana/Namibia),” 15 Leiden Journal of International Law 581-622 (2002). Also selected and re-published in Antony Anghie et al, The Third World and International Order: Law, Politics and Globalization 75 (2003).

“The Legal Status of the Doha Declaration on TRIPS and Public Health Under the Vienna Convention of the Law of Treaties,” 15 Harvard Journal of Law and Technology 291 (2002).

“Rights, Patents, Markets and the Global AIDS Pandemic,” 14 Florida Journal of International Law 261 (2002).

“Re-Characterizing the Social in the Constitutionalization of the WTO: A Preliminary Analysis,” 7 Widener Law Symposium Journal 137 (2001).

“Construing Intellectual Property Rights and Competition Policy Consistently with Facilitating Access to Affordable AIDS Drugs to Low-End Consumers,” 53 Florida Law Review 727 (2001).

“Alternative and Critical: The Contribution of Research and Scholarship on Developing Countries to International Legal Theory,” Symposium Issue Foreword, 41 Harvard International Law Journal 263 (2000).

“Neoliberalism, Colonialism and International Governance: Decentering the International Law of Governmental Legitimacy,” 98 Michigan Law Review 1996 (2000) (In the Annual Book Review Issue).

“Rejoinder: Twailing International Law,” 98 Michigan Law Review 2066 (2000) (In the Annual Book Review Issue).

“Retelling Good Governance Narratives on Africa's Economic and Political Predicaments: Continuities and Discontinuities in Legal Outcomes Between Markets and States,” 45 Villanova Law Review 971 (2000).

“Human Rights, the World Bank and the Washington Consensus: 1949-1999,” 94 American Society of International Law Proceedings 144 (2000).

“Towards Reform of the Laws on Rape and Related Sexual Offenses in Kenya,” in Kivutha Kibwana and Lawrence Mute, Law and the Quest for Gender Equality in Kenya, 52 (2000) (Co-author with Celestine Nyamu).

“Good Governance as a Counter Insurgency Agenda to Oppositional and Transformative Social Projects in International Law,” 5 Buffalo Human Rights Law Review 107 (1999).

“The Limits of the New International Rule of Law on Good Governance,” in Quashigah & Okafor, Legitimate Governance in Africa, (Kluwer Law International), 207 (1999).

“Corruption and Donor Reforms: Expanding the Promises and Possibilities of the Rule of Law as an Anti-Corruption Strategy in Kenya,” 14 Connecticut Journal of International Law 407 (1999).

“Representations of Africa in Good Governance Discourse: Policing and Containing Dissidence to Neo-Liberalism," 18 Third World Legal Studies 65 (1998-1999).

“International Law and Eurocentricity,” 9 European Journal of International Law 184 (1998).

“Reflections on United States-Based Human Rights NGOs' Work on Africa,” 9 Harvard Human Rights Journal 285 (Spring 1996) (Co-author with Celestine Nyamu).

“The Dream of Judicial Security of Tenure and the Reality of Executive Involvement in Kenya's Judicial Process, ” Kenya Human Rights Commission Publication, December 1994.

“Kenya's Legislative Culture and the Evolution of the Kenya Constitution,” Yash Vyas, Kivutha KIBWANA, Okech Owiti & Smokin Wanjala (eds), Law and Development IN THE Third World, Faculty of Law, University of Nairobi, Nairobi, 74 (1994).

“Wanyiri Kihoro vs. Attorney General: New Insights on the Protection and Enforcement of Fundamental Rights and Freedoms in Kenya,” 1 University of Nairobi Law Journal 140 (1994).

Other Publications

“Why Bashir Appeal Faces Uphill Task," Nairobi Law Monthly, January 2012.

“Kenya Walks A Tightrope in Somalia,” Nairobi Law Monthly, December, 2011

“Boost Regional Trade Deals to Spur Growth,” Nairobi Law Monthly September, 50, 2011.

“Kenya’s New Competition Law and the Price Control Act,” Nairobi Law Monthly, August, 2011.

“The Judicial Philosophy Required Under the 2010 Constitution and the Legacy It Seeks to Reverse,” Nairobi Law Monthly, September 2011.

"Don't Sweep Old Corruption Cases Under the Carpet," Nairobi Law Monthly, July 2011.

“Why the Al Bashir Appeal is Likely to Fail,” Nairobi Law Monthly, January 2012.

“Kenya’s Military Offensive Against Al Shabaab Under International Law,” Nairobi Law Monthly, October, 2011

“Kenya’s New Competition Law and the Price Control Act,” Nairobi Law Monthly, September, 2011.

“African Regional Trade Integration,” Nairobi Law Monthly August, 2011.

“The Judicial Philosophy Required Under the 2010 Constitution and the Legacy It Seeks to Reverse,” Nairobi Law Monthly, July 2011.

“Obama Forgot Resource Wars That are the Bane of the Continent,” Daily Nation, (Kenya), December 20, 2009.

“Commerce Makes a Killing,” Albany Times Union, December 18, 2009.

“How Harmonized Draft Constitution Can Turn Our Foreign Affairs Into Foreign Issues,” Business Daily Africa, December 17, 2009.

“Developing Countries Are Afraid of ‘Rigged Commerce’ Not Free Trade” Business Daily Africa, November 16, 2007.

“Competition Analysis Crucial in Mergers,” Business Daily Africa, December 3, 2007.

“Red Herrings Over Sovereign Bond,” Business Daily Africa, December 12, 2007.

“Demerits of the EU Trade Agreements,” Business Daily Africa, December 19, 2007.

“Should Failing Companies Be Rescue?,” Business Daily Africa, January 3, 2008.

“A 3-Point Mediation Plan to Help Kibaki and Raila Reclaim Our Democracy,” Business Daily Africa, January 4, 2007.

“Use Unrest to Diagnose What Ails Kenya,” Business Daily Africa, January 16, 2007.

“How Kenya Can Deal With Displacements,” Business Daily Africa, January 30, 2008.

“Spat With Dar Over Trade Unnecessary,” Business Daily Africa, February 8, 2008.

“Put Anti-Graft Agenda Back on Course,” February 13, 2008.

“Bailing Out Brokers Kills Investor Trust,” Business Daily Africa, February 20, 2008.

“Fate of Private Sector Reforms Still Unknown,” Business Daily Africa, February 27, 2008.

“What the Coalition Should Seek From Donors,” Business Daily Africa, March 5, 2008.

“The CBK’s Role in Foreign Exchange,” Business Daily Africa, March 14, 2008.

“False Solutions to Hawker Problem Will Fail,” Business Daily Africa, March 19, 2008.

“Were Local CEOs Not Good Enough to Fix KPLC?” Business Daily Africa, March 26, 2008.

“What Safaricom Failed to Disclose in Its Prospectus,” Business Daily Africa, April 4, 2008.

“An Agenda for the New Trade Minister,” Business Daily Africa, April 9, 2008.

“Brokers Must Build Their Trade on Trust and Honour,” Business Daily Africa, April 17, 2008.

“Deal With Hurdles to Livestock Farming, Trade,” Business Daily Africa, April 30, 2008.

“What Does Corporate Social Responsibility Mean?” Business Daily Africa, May 7, 2008.

“Why EAC States Should Allow Free Flow of Services,” Business Daily Africa, May 14, 2008.

“Impunity Equals Economic Sabotage,” Business Daily Africa, May 21, 2008.

“Endless Safeguards Hurt Free Trade,” Business Daily Africa, May 28, 2008.

“Entrenching the Rule of Law in Land Matters,” Business Daily Africa, June 4, 2008.

“Protection of Shareholder Interests Should Drive Companies Act Reforms,” Business Daily Africa, June 12, 2008.

“African, Kimunya Should Seek Monetary Policies That Serve Local Interests,” Business Daily Africa, June 18, 2008.

“Regulator Must Oversee Trade Competition,” Business Daily Africa, June 25, 2008.

“Why I am Inviting Monopolies Boss to Public Debate,” Business Daily Africa, July 2, 2008.

“Introduce Law to Screen Public Asset Sales,” Business Daily Africa, July 9, 2008.

“The Case for An Independent Counsel Office,” Business Daily Africa, July 16, 2008.

“Kibaki and Raila Must Help Kenya to Achieve Accord Goals,” Business Daily Africa, August 6, 2008.

“Amnesty Flies in the Face of War on Graft,” Business Daily Africa, August 27, 2008.

“What is the Future of Legal Training and Practice,” Business Daily Africa, September 5, 2008.

“Implementation of Trade Agreements in Kenya,” prepared for Institute of Economic Affairs, Nairobi, 2007.

“Beyond Market-Based Conceptions of Rights: Social and Economic Rights in Context,” lead article in a Section titled ‘Global Trade and the Global South,’ in a Chapter entitled ‘Human Development and Human Rights,” in Jeanne Woods and Hope Lewis, Economic, Social and Cultural Rights, (TransAction), at 376 (2004).

“Economic and Social Rights Under NEPAD,” Africa Legal Aid Quarterly, at 32-33 (April-June 2003).

“The Silence of Race and Identity in Private International Law (i.e. Trade, Economic, and Commercial Law),” in MIT Program on Human Rights and Justice, Reparations: A Dialogue Between Human Rights Academics and Activists, at 40-46 (2004).

“Arrests Were Repugnant to Freedom of the Press!,” East African Standard, Sunday, October 5, 2003.

“Consumer and Pharmaceutical Dimensions of Addressing Bio-Terrorism: An Analysis of In re Ciprofloxacin Hydrochloride Antitrust Litigation,” 4 Government Law and Policy Journal (a publication of the State of New York Bar Association), at 46-49 (2002).

“WTO Spin Unconvincing,” African Business, at 5 (January 1, 2002) (Letter to the Editor).

"Kenya Needs Political and Fiscal Reforms,” East African Standard, at 11 (Sunday, September 5, 1999) (Viewpoint Editorial: First in a three part Sunday series).

“Wealth, Poverty and Inequality,” East African Standard, at 8 (Sunday, September 12, 1999) (Viewpoint Editorial: Second in a three part Sunday series).

“Democracy Promotion as a New Era in Global Domination,” East African Standard, at 14-15 (Sunday, September 19, 1999) (Viewpoint Editorial: Third in a three part Sunday series; appeared as center-spread).

“Courts, Criticism and Expression,” Daily Nation, at 17 (Saturday, April 10, 1993) (Appeared in the Weekly Platform, the Country's Forum for Dialogue)

“Moral and Legal Queries Arise From Sex Education,” Special Report, Daily Nation, at 6 (January, 14, 1993).

“Human Rights, Justice and Peace Reports of the ICJ (Kenya Chapter) Seminar,”1 University of Nairobi Law Journal 50 (1993).

“Containing the Police: The Wanyiri Kihoro Case,” 49 The Nairobi Law Monthly 30 (July 1993).

“The Diminution of Judicial Competence in Kenya in the 1990’s,” 3 The Kenya Jurist 31 (June/August 1993).

“Where the Law Errs in Inheritance,” Daily Nation, at 18, (October 30, 1993) (Appeared as the lead piece in the Weekly Platform, the Country's Forum for Dialogue).

“A National Convention can be held under Kenyan Law,” The People, at 6 (June 13-19, 1993).

“The Constitutional Amendment Bill of June 1992 Spells Doom for the Opposition,” 1 The Kenya Jurist 34 (June 1992).

“Power Transfer Poses Major Legal Questions,” Special Report, Sunday Nation, at 6 (December 27, 1992) (This report was published in place of a regular report by a lead-editor of the leading newspaper in Kenya). 

Recent Presentations

Presented a paper on Trade and Ecosystem Services at a forum on Sustainability in Developing Nations: Opportunities for Public Private Partnerships, organized by Albany Law School and the UN Academic Impact Office, Dag Hammarskjold Library, May 16, 2012.

Proposed and Moderated Panel on Trade and Ecosystem Services at the Annual Meeting of the American Society of International Law, March 30, 2012.

Chaired the Business Meeting of the Africa Interest Group of the American Society of International Law at the Annual Meeting, March 31, 2012

Organized and directed the Africa and International Law Conference with over 70 paper presentations and 150 participants including the Prosecutor of the International Criminal Court, Albany Law School, April 12-14, 2012.

Presented a paper on “Human Rights Implications of EU-ACP Economic Partnership Agreements,” at a Discussion in Commemoration of the 25th Anniversary of the UN Declaration on the Right to Development, United Nations Headquarters, December 5, 2011 New York City.

Presented a paper on Human Rights and Conflict Resources at the First Meeting of the African Union's Working Group on Extractive Industries, the Environment and Human Rights Violations in Africa, December 2011, Nairobi, Kenya

Presented a paper on Business Law at the First Diaspora Conference on Identifying Opportunities for the Diaspora Under Vision 2030, organized by the Embassy of Kenya in Washington DC, October 8, 2011

Presented a paper on African Regional Trade Agreements at the Trade and Policy Training Institute in Africa Annual Trade Forum, Arusha Tanzania, August 8, 2011.

Presented a paper titled African Regional Trade Agreements as Flexible Regimes, at the First African International Economic Law Network Conference, Mandela Institute, University of Witwatersrand, Johannesburg, South Africa, 5th May, 2011

Presented the 2011 Brendan Brown Lecture on “Food Sovereignty For Poor Countries in the Global Trading System,” Loyola College of Law, New Orleans, April 12, 2011

Presented a paper “Experimenting With Democracy,” at the Dahlem Conference on Knowledge, Domination and the Public in Africa, 21-25 March, 2011 (Berlin, Germany).

Presented a paper, “The Neo-Liberal Turn to Regional Trade Agreements, at the Global Law and Its Exceptions Conference at the University of Washington, Seattle Law School, February 25, 2011.

Delivered Book Talk, War, Commerce and International Law, Duke Law School, January 18, 2011.

Presented a paper “The Turn to Regional Trade Agreements,” at the Temple Law School International Law Colloquium, January 18, 2011

Presented a paper, “Strength of IP Protection and Flows of FDI to LDCs,” at the Globalizing Property Rights Conference organized by the Center on Global Legal Transformation, Columbia Law School, October 22, 2010.

Presented a paper titled African Regional Trade Agreements as Flexible Regimes, at the Trade and Policy Training Institute in Africa (TRAPCA), Annual Trade Research Forum on Trade Policy for Renewed Growth in Africa, Arusha, Tanzania, July 29, 2010.

Presented a lecture titled The Turn to Regional Trade Agreements, presented at the Second Annual Workshop on Global Law and Economic Policy, Harvard Law School, June 7, 2010

Presented a paper titled “The Turn to Regional Trade Agreements as Law and Development”, at a symposium organized by the University of North Carolina Journal of International Commercial Regulation, January 29, 2010.

Presented a paper titled “The Financial Accounting Task Force and Global Administrative Law,” at the Annual Meeting of the American Association of Law Schools at a Panel Organized by the Section on Professional Responsibility, New Orleans, LA, January 8, 2010.

Presented a paper titled “Elias T. Olawale’s Project of Re-Writing International Legal History to Acknowledge Africa’s Contribution,” at the American Society for Legal History Conference, Austin, Texas, November 14, 2009.

Presented lectures on International Trade Law at the Trade Policy Training Centre in Africa, Arusha, Tanzania, October 27-30, 2009.

Presented a paper titled “War, Investment and International Law,” at Florida State University Law School, April 16, 2009

Presented a lecture titled “Critical Race Theory in A Global Society,” at the Critical Race Theory at 20 Workshop, Iowa Law School, April 4, 2009.

Presented a Paper titled, "The Commercialization of War: Private Military and Security Companies, Mercenaries and International Law," at the Watson Institute for International Studies, Brown University, February 18, 2009.

Presented lecture titled “Testing the Laws Against Genocide: The Case of Darfur,” at the Congregation Gates of Heaven, Schenectady, NY sponsored by the Interfaith Community of Schenectady and the Community Relations Council of United Jewish Federation of Northeastern NY, December 8, 2008.

Moderated a Panel in the Defining Race Symposium, Albany Law School, November 14, 2008.

Presented a lecture titled, “Kenya: Another Failed African State?” at an Albany Law School Amnesty International Chapter/International Law Students Association event, at Albany Law School, November 19, 2008.

Presented a talk at the 2008 Election Symposium, Albany Law School, October 30, 2008.

Presented lectures on International Trade Law at the Trade Policy Training Centre in Africa, Arusha, Tanzania, October 20-23, 2008.

Presented a paper titled “Slippages of the Public/Private in Resource Wars,” at the Washington and Lee University School of Law, October 6, 2008.

Presented a paper titled “Slippages of the Public/Private in Resource Wars,” at the Harvard Law School’s International Law Workshop, Harvard Law School, September 10, 2008.

Presented a paper on “The Relationship Between Human Rights and Development,” at the United Nations High Commissioner for Human Rights Workshop on Financing for Development and Human Rights in Light of Doha: Reviewing the Progress of the Monterrey Consensus, Geneva, Switzerland, September 16, 2008.

Presented a paper on “The Free Movement of Services in the East African Common Market,” at the National Retreat for Members and Key Stakeholders of the East African Common Market High Level Task Force, Utali Hotel, Nairobi, May 12, 2008.

Presented a paper on “The Rights of Establishment and Residence: Some Brief Reflections on the Proposed East African Common Market, at the at the National Retreat for Members and Key Stakeholders of the East African Common Market High Level Task Force, Utali Hotel, Nairobi, May 13, 2008.

Presented paper on “Corruption and Human Rights,” at a conference on Realizing Social and Economic Rights in Africa, Osgoode Hall Law School, October 27, 2007.

Presented a lecture titled “War, Commerce and International Law,” at Putting Theory to Practice Workshop at the Osgoode Hall Law School, October 25, 2007.

Presented a paper titled “Slippages of the Public/Private in Resource Wars,” at the University of Illinois, October 24, 2007.

Presented a paper titled “Implementation of Trade Agreements in Kenya,” at the Forum for Trade Lawyers, organized by the Institute for Economic Affairs, Norfolk Hotel, Nairobi, October 9, 2007.

Presented a paper on “Challenges of Developing Countries in the Doha Round,” at the 15th Commonwealth Law Conference, Nairobi, Kenya, September 11, 2007.

Presented a paper titled “The Promise of an African Economic Community,” at a conference on Developing Countries in the WTO Legal System, University of Minnesota Law School, May 2007.

Organized a major conference on The Third World and International Law with over 70 speakers from around the World, Albany Law School, April 2007.

Chaired and Spoke on a panel on Tsunamis, Earthquakes and Asteroids: Are We Ready for the Next 100 Years? at the ASIL Annual Conference, Washington, DC, March 2007.

Presented paper titled, “Popular Authorship and Constitution Making: Comparing and Contrasting the DRC and Kenya,” William and Mary Law School, February 2007.

Presented paper titled, “The High Stakes of WTO Reform,” at the Globalization Workshop, University of Toronto Law School, November 1, 2006.

Presented paper titled, “The Last Frontier: Intellectual Property Rights and Least Developed Countries,” at the 2006 International Law Weekend of the American Branch of the International Law Association, New York City, October 27, 2006.

Presented a talk on “The History and Politics of Constitutional Reform in Kenya,” at the Kennesaw State University Year of Kenya Lecture Series, September 21, 2006.

Presented a paper titled, “The ICJ’s Decision in Congo v Uganda,” at the ICRC Roundtable for International Humanitarian Law Lecturers in East Africa, Nairobi, Kenya, July 2006.

Presented a paper titled “Multinational Corporations and Human Rights: A Transactional Approach,” at the 100th American Society of International Law Conference on the theme A Just World Under Law, Washington DC, March 30, 2006.

Made a presentation on Third Approaches to International Law at a Harvard Law School conference on Teaching From the Left, March 12, 2006.

Presented a paper titled "Exporting Culture Wars," at the University of California Davis conference on Family Planning and Aids Policies in the International Community, March 3, 2006.

Presented a paper titled: “State Responsibility for Breaking Patent Rights on Human Rights Grounds,” at the University of North Carolina conference on Saving Profits, Saving Lives: A Comprehensive Discussion of the Social, Legal and Economic Implications of Reverse Engineering and Parallel Importing on the Pharmaceutical Industry, February 25, 2006.

Chaired Panel on Private Law, in the Albany Law Review Symposium, Outsourcing Authority, October 27, 2005.

Chaired Panel on “What is War?”, in the New York International Law Weekend Annual Conference, International Norms in the Twenty First Century and Compliance Revisited, October 21, 2005.

Presented paper titled “Commerce, Conquest and Wartime Confiscation,” at a conference on War and Commerce at Brooklyn Law School, September 23, 2005.

Presented a talk titled “The Stakes of WTO Reform,” presented at a Faculty Workshop, Faculty of Law University of Nairobi, July 27, 2005.

Presented a paper titled “Preemption, the United Nations Charter and the Secretary General’s Report,” to the United Nations Training Institute Summer Institute, New York, June 6, 2005.

Presented a paper titled, “Commerce, Conquest and Colonialism,” at the International Economic Law Group of the American Society of International Law Conference, February 25, 2005.

Presented a paper titled, “Law as an Unqualified Good: Some Preliminary Thoughts on Legal Education and Law Teaching in Kenya,” at a workshop on the Relationship Between National Legal Educational Practices and Modes of Legal Reasoning, Harvard Law School, December 10, 2004.

Presented a paper titled, “The Sanctity of Sovereign Loan Contracts and Its Origins in Enforcement Litigation,” Faculty Workshop at the Loyola Law School Los Angeles, November 11, 2004.

Presented a paper titled, “Torture, Territoriality, Commerce and the Conflict of Laws,” at Cornell Law School, (Berger International Program, Clarke Middle East Fund and Leo Nevas Human Rights Fund Speaker Series), November 4, 2004

Presented a paper titled, “Extra-Territorial Commercial and Non-Commercial Torts and the Conflict of Laws,” at the Second National People of Color Conference at the George Washington University Law School, October 16, 2004.

Organized and Chaired a panel on Wartime Security and Constitutional Liberty in honor of Justice Robert H. Jackson featuring Profs. Erwin Chemerinsky, Sarah Cleveland, Amb. Of War Crimes Pierre Richard Prosper and Paul L. Hoffman at the 2004 International Law Weekend of the American Branch of the International Law Association, New York City, October 15, 2004.

Presented a paper titled “Imperialism, Colonialism and International Law,” at a Feminist Legal Theory Workshop on Across-Legal Cultures-Post-Colonialism, Emory Law School, September 10, 2004.

Presented a paper titled “Law and Politics in Africa: Lessons From Commonwealth Africa and the Recent Transition in Kenya,” on a panel on Law and Politics in Africa at the Annual Meeting of the Law and Society Association, May 28, 2004.

Presented an opening address titled “Imperialism, Colonialism and International Law,” at the Birkbeck Law School, University of London, on Imperialism and International Law, May 9, 2004.

Gave a talk titled “The Law of Belligerent Occupation and Human Rights with Reference to Iraq,” at the School of Oriental and African Studies, University of London, May, 13, 2004.

Presented a paper titled “Reforming the WTO” on a panel on Open Democratic Participation Scheme for the World Trade Organization, at the Rutgers Law Review - Symposium, 2004, March 5, 2004.

Gave a talk titled: “Law, Trade and Third World Development,” to the Syracuse College of Law International Law Student Society, March 23, 2004.

Gave a talk titled: “Law, Trade and Third World Development,” to the Syracuse College of Law International Law Student Society, March 23, 2004.

Made a presentation titled “The Obligations of An Occupying Power Under International Law,” as one of the panelists in The Robert H. Jackson Memorial Lecture: Current Perspectives on Iraq, Albany Law School, November 19, 2003.

Made a presentation in a workshop discussion titled “Seeking a Global Perspective, Confronting Unilateralism: Why We Need the UN Today,” at an event on Confronting the Politics of Fear: A People's Assembly, Albany High School, November 15, 2003.

Delivered the Fall 2003 Prudential Lecture at Rutgers Business School titled “Ethics as Fairness: Towards a Level Playing Field in Global Agricultural Business,” Rutgers University, Newark, November 13, 2003.

Made a presentation titled “Social and Economic Rights in Context,” on a panel on Social and Economic Rights and Wrongs, at a conference on Rethinking Ideology and Strategy: Progressive Lawyering, Globalization and Markets, Northeastern Law University School, November 7, 2003

Presented a paper titled: “Torture, Territoriality, Terrorism and International Law,” at the 2003 Albany Law Review Symposium on Torture,: Paradigms, Practices, and Policies, Albany, NY, October 15, 2003.

Made a panel presentation on Juridifying Global Governance at a conference on Rethinking Globalism, organized by the European Law Research Center, at Harvard Law School, Cambridge, MA, October 4, 2003.

Made a presentation on Patents and Access to Essential Drugs in Sub-Saharan Africa, at a conference on AIDS in Africa organized by the Center for African Studies, SUNY, Albany, October 10, 2003.

Presented a paper titled, “Social and Economic Rights Under the New Economic Partnership for African Development (NEPAD),” at a high level seminar on “The AU-NEPAD and Changing Relations between Africa and Northern Countries,” organized by Africa Legal Aid, in Maastricht, Netherlands between August 24-25, 2003.

Presented a paper titled “Harnessing Knowledge For Market Access and Competitiveness of African Products and Produce,” at the inaugural NEPAD Workshop, Safari Park Hotel Nairobi, Kenya, July 13, 2003.

Made a presentation titled “Bio-Diversity Conservation and Intellectual Property Rights: An Unusual Revisiting of the Debate on Access to Affordable HIV/AIDS Drugs,” in the Special Topic Seminar of the Institute for African Development, Cornell University, Ithaca, NY, May 1, 2003.

Presented a paper titled “The Impact of International Financial Institutions on the Scope for National Development Policy,” at the Harvard Law School's European Law Research Center's Spring Conference on the theme “Law and Economic Development: Critiques and Beyond,” Harvard Law School, April 12-13, 2003.

Made a presentation titled “The Stakes of Patent Protection and Access to Essential Drugs,” at the Albany Law School's Journal of Science and Technology Symposium on the theme “Medical Paternalism: The FDA and Government Control Over Americans,” Albany, NY, April, 10, 2003.

Presented a paper titled “Asymmetrical Liberalism in the International Trading Regime,” in a panel on the question "Is the International Trading Regime Fair to Developing Countries?" at the 97th Annual Meeting of the American Society of International Law on the theme "Conflict and Coordination Across International Regimes," Washington, DC, April 2-5, 2003.

Presented a paper titled, “Is There an Emerging Emergency Exception to the Patent Monopoly of the TRIPS Agreement?” at the Law, Technology and Development Workshop organized by the Baldy Center for Law and Social Policy at the University at Buffalo Law School, Buffalo, NY, March 29, 2003.

“Constitutionalism in Kenya: Past, Present and Future,” at a symposium on “Constitutionalism, Human Rights and Transitional Justice in Kenya’s New Political Dispensation,” organized by the Harvard Human Rights Program and the Harvard African Law Students Association, Harvard Law School, Cambridge, MA, March 10, 2003.

“The War on Terrorism Through the Eyes of an International Lawyer,” presentation made to the Torch Club of Albany, Albany, NY, March 3 2003.

Made a presentation titled “Operating Globally, Acting Locally: Challenges of the New African Union’s Economic Program (NEPAD),” at the African Union and the New Pan-Africanism Conference, co-sponsored by the American Society of International Law and the Thurgood Marshall School of Law, Houston, TX, February 21-22, 2003.

“Engaging (in) TRIPS Agreement Formalism Over Access to Essential Drugs,” paper presented at the Cardozo School of Law Symposium on Patent Law, Social Policy and Public Interest: The Search for a Balanced Global System, New York City, November 7, 2002.

“The Poverty of the Poverty Nexus in the Debate on Access to HIV/AIDS Drugs in U.S. Foreign Policy,” paper presented at the University of Iowa's Journal of Gender, Race and Justice Conference on American Presence Abroad: U.S. Foreign Policy and Its Implications for Gender, Race and Justice, Cedar Rapids, IA, October 25, 2002.

“The Global HIV/AIDS Pandemic: Why Should the World Care?” presentation made at the Annual American Branch of the International Law Association's New York International Law Weekend panel on International Law and the Global HIV/AIDS Crisis, New York City, October 26, 2002.

“International Institutional Segregation, Poverty and Development,” presentation made at the Annual American Branch of the International Law Association’s New York International Law Weekend panel on and the International Trade Law and Development, October 26, 2002.

“Re-Appraising the International Debt Crisis: An Analysis of Debt-Out Jurisprudence,” paper presented at the American Society of International Law, International Economic Law Group Annual Conference on Interrelationships: International Economic Law and Developing Countries, Washington, DC, October 4-6, 2002.

“Patents and Access to Drugs,” talk delivered at the Panel on Access to Drugs During Public Health Crisis put together by the ABA’s Special Committee on Bioethics and the Law, at the 125 Annual ABA Meeting, Washington, DC, Friday, August 9, 2002.

“The War on Terrorism from an International Lawyer’s Perspective,” speech delivered at the annual World Federalist and United Nations Spring Dinner at Schenectady Community College, April 29, 2002.

Presented paper titled, “Policy Oriented Legal Reasoning in Adjudications of the Refinancing of Third World Debt,” at the Harvard Law School’s European Law Research Center’s Conference on Globalization of Modern Legal Thought, 1859-2000, Cambridge, MA, April 13, 2002.

Gave a talk on “The Laws of War,” to the Union College Academy of Life Long Learning, Schenectady, NY, April 2, 2002.

Luncheon Speaker at the National Black Law Students Association’s Frederick Douglas Moot Court Competition Law Professors’ Luncheon, Cat Skills, NY, February 9, 2002.

Presented a paper titled “Uncovering the Role of Race in International Commercial Law,” at the Conference on Racism, Colonialism and Reparations: A Post-Durban Dialogue Between Human Rights Activists and Academics, organized by the MIT Program on Human Rights and Justice, March 2002.

Participated in a Panel, “The Emergency Exception: Pharmaceutical Patents in a Time of Crisis,” at Harvard Law School, December 2001.

Presented a paper titled “Does the Sources Doctrine Erase Pre-Colonial Claims to Non-European Sovereignty? An Analysis of the ICJ’s Namibia/Botswana Case,” at The Third World and the International Order: Law, Politics and Globalization Conference, Osgoode Hall Law School, October 2001.

Taught two-day course to development country lawyers at the International Development Law Institute, Rome, Italy, May 2001.

Presented a paper titled, “The Presence of the U.S. at the 1885 Berlin Conference,” at Seminar on Law, Colonialism and Markets, organized by the Columbia Human Rights Program, New York, May 2001.

Presented paper titled, “The Poverty of Human Rights,” at the Seminar on Globalization, Human Rights and Poverty sponsored by the Erik Castren Institute of International Law and Human Rights, Helsinki, Finland, April 2001.

Presented paper titled, “A Market Based Approach to Construing Articles 7 and 8 of TRIPS in the Context of AIDS Drugs,” at a Symposium on Intellectual Property, Development and Human Rights at the University of Florida, Levin College of Law, Gainesville, FL, March 2001.

Presented a paper, “The Silence of Race and Identity in Corporate Law Reform in Sub-Saharan Africa,” at a Plenary Session on Business Law and Race at the North East People of Color Conference, CUNY, Flushing NY, March 2001.

Taught two-day course to developing country lawyers at the International Development Law Institute, Rome, Italy, May 2000.

Presented a paper titled, "Human Rights, the World Bank and the Washington Consensus: 1949-1999," American Society of International Law Annual Meeting, Washington DC, April 2000.

Presented a paper titled, "Structural Bias and International Law as it Relates to Developing Countries," at Harvard Law School Conference on Structural Bias and the Law: Examples From International and Comparative Law, Cambridge MA, April 2000.

Panel Speaker/Organizer, First Rutgers Business School Conference on Corruption and Human Rights: Practical Solutions For Multinational Companies, Newark, NJ, March 2000.

Presented a paper titled "Regarding the Private/Public Distinction in the Liberal Democratic Order of Good Governance," Center for African Studies, Rutgers University, New Brunswick, NJ, March 2000.

Symposium Director, International Law and the Developing World: A Millennial Analysis, Harvard Law School, Cambridge MA, February 2000.

"Empowering the Weak While Protecting the Powerful: Some Implications of Bringing Human Rights at the World Bank's Doorstep," Dighton Writers Workshop, organized by the European Law Research Center, of the Harvard Law School, Dighton, MA, February 1999.

Panel Speaker, "The Year in Review," 93rd Annual Meeting of the American Society of International Law, On Violence, Money, Power and Culture: Reviewing the International Legacy, 1999, Washington DC, March 1999.

Presented a paper titled "Africa at the Intersection of Critical Race Theory and Public International Law," 34th Annual Villanova Law Review Symposium on Critical Race Theory and International Law: Convergence and Divergence, Villanova, PA, October 1999.

Presented a paper at a panel titled: The Cutting Edge: Round-Table Discussion of Current Research by Harvard Law School Doctoral Students at Harvard Law School, International Law Plus or Minus Fifty Years: A Colloquium On The Occasion Of Abram Chayes' Fiftieth Law School Reunion, Cambridge MA, April 1999.

Presented a paper at the conference on "Anti-formalism About Law and the Legal Profession: Comparative and Historical Perspectives," in a panel titled "Formalism and Domination: The International Law of Colonialism," Harvard Law School, April 1999.

Presented a paper titled "From Basic Needs to Good Governance: The Implications of Shifting Development Policy for International Human Rights Advocacy," Rutgers Law School Faculty Colloquium, Newark, NJ, April 1999.

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