Publications

To Be Published

AFRICAN REGIONAL TRADE AGREEMENTS AS LEGAL REGIMES, forthcoming Cambridge University Press, (2011)

KENYAN COMPANY EAST LAW, East African Publishers (2010)

The Neo-Liberal Turn in Regional Trade Agreements, 86 (3) Washington Law Review (forthcoming 2011)>

Introduction: GATS and Human Rights, Proceedings of the 104 Annual Meeting of the American Society of International Law (forthcoming 2010)

Irregulars and the Use of Force Under the UN Charter, Mary O'Connell (ed.) THE MEANING OF ARMED CONFLICT IN INTERNATIONAL LAW, (forthcoming Martinus Nijhof, 2010)

The Promise of the African Economic Union," in Yusuf Abdulqawi (ed.) THE AFRICAN UNION: ITS CONSTITUTIVE ACT, PROTOCOLS AND CHARTERS - A MANUAL ON THE NEW PAN AFRICAN ORGANIZATION (2010)

 

 

Published

WAR, COMMERCE AND INTERNATIONAL LAW, Oxford University Press (2010)

The Underappreciated Jurisprudence of African Regional Trade Judiciaries, 12 Oregon Review of International Law 245 (2010)

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)

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 Asteriods: 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) 2008, 367-368

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)

 

 

Short Articles and Newspaper Editorial/Opinion Pieces

"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 Dimunition 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)

 

 

Research Reports

"Anti-Corruption Reforms, Human Rights and International Financial Institutions: Conceptual and Practical Challenges in the Kenyan Context," Report Prepared in connection with a grant by the Ford Foundation, October, 2008.

"Strengthening the Legal and Institutional Structure for International Trade Negotiations in Kenya: The Policy, Legal and Institutional Imperatives," Study Prepared for ActionAid International-Kenya with David Ouma Ochieng, 2008.

"A Right to Development Perspective of the Cotonou Partnership Agreement," Report prepared for the United Nation's Human Rights Council's, High Level Task Force on the Implementation of the Right to Development, A/HRC/8/WG.2/TF/CR, 21st December 2007 available at http://www2.ohchr.org/english/issues/development/docs/A-HRC-8-WG.2-TF-CRP6.doc.

The External Interest in Kenya's Impending Change," Report Prepared for the Center for Law and Research International's Legal Political Transition Project, September, 2002.

A Thematic Summary of the Constitution of Kenya, Prepared for the Constitution of Kenya Review Commission, August, 2001.

A Comparative Study of the Mandates and Practices of Selected International Financial Institutions on Governance," Report Submitted to the International Monetary Fund, Legal Department, August, 1996.

Book

The Citizen And The Constitution, Claripress, 1995 (Co-author).

Contributor, The Article 19's, Freedom Of Expression Manual, International & Comparative Law, Standards & Procedures, London, August