What Is TWAIL?

The piece seeks to conceptualize the insurgent movement in international law known as Third World Approaches to International Law. Driven by scholars from the Third World, TWAIL rejects the traditional tenets and assumptions of traditional international law and argues for a re-imagination of the law of nations to purge it of racial and hegemonic precepts and biases to create a truly universal corpus that embraces inclusivity and empowerment. The movement turns away from the imperialist and colonialist foundation of international law. It argues that international law must be devoid of oppression, exploitation, and domination. The piece is among the first to attempt a fuller description of TWAIL

A Critique of Rights in Transitional Justice: The African Experience

Published in Rethinking Transitions: Equality and Social Justice in Societies Emerging from Conflict, Gaby Oré Aguilar & Felipe Gómez Isa, eds. This chapter interrogates the concept and application of transitional justice as a medium for the reclamation of post-conflict states in Africa. While it argues that transitional justice is an important – often indispensable – process in reconstructing post-despotic and battered societies, it nevertheless casts a jaundiced eye at traditionalist human rights approaches. It contends that individualist, non-collective, or non-community, approaches to transitional justice have serious limitations. It posits that the Nuremberg model, on which the ICTR and ICTY were based, while instructive, is severely constrained for the African landscape. It therefore makes the case for a holistic transitional justice approach that includes not just the revenge and other accountability elements of criminal judicial sanctions, but also focuses on truth, reconciliation, institutional reforms, and reparations. This “ubuntu” approach of “community wholesomeness” is necessary to heal society and restore its balance.”https://digitalcommons.law.buffalo.edu/book_sections/1199/thumbnail.jp

An Investigation into the Factors that Affect Performance of Youth Group Income Generating Projects in Kenya: A case of Taita District.

The mobilization of youth in Kenya and growth of youth group enterprise projects took centre stage in the last four years with the creation of Ministry of youth affairs and sports in the year 2005.   The Department of Youth development was established in January 2007 with an aim of spearheading the general empowerment of the youths with key objectives being; promoting Youth-owned Small and Micro Enterprise (SME) projects, promoting thriftiness and self-reliance among the youth, promoting an entrepreneurial culture among the youth, and promoting marketing of Youth Products and Services. (The national youth policy 2007). The study aims at broadening understanding about the factors that influence performance of various youth group income generating projects in Taita district. It also aimed at giving remedial measures to the problems faced by youth group initiated projects so as to improve their performance and realize their goals. The objectives included identification of the extent to which youth group management/leadership skills affect the project performance; establishing whether the nature of project activities undertaken by the youth affect the overall performance; determining if the planning and control of funds affects the performance of the youth group projects; investigate whether the support given by the government and other organizations affects the performance of youth group projects. The study was limited to youth group initiated projects which are income generating in Taita district, Coast Province.  A survey was conducted on sampled youth group projects in Taita district. The study concentrated on analyzing the factors affecting the overall performance of youth group initiated projects in Taita district. The groups were stratified according to their categories of projects/activity. From the targeted population a random sample of 60% was taken from each category to give a total sample of 35 projects. Data for the study consisted of primary data collected by use of questionnaires and secondary data based on youth group performance reports submitted to the respective group coordinators to the Provincial director in the Ministry of youth affairs, department of Youth development. The data was analyzed using statistical package of social sciences software and findings was presented in form of tables, charts and figures. Keywords: Performance, Projects, Youth Developmen

Analysis of Information and Communication Technology on Service Innovation and Competitive Advantage: A case of Commercial Banks in Kenya.

Competition in the banking sector has been heightened by the fact that, the cost of banking technology, once prohibitive, is no longer a barrier to entry into the industry. Because of developments in technology and general erosion of entry barriers into banking, it is easier for non-bank financial institutions to move into banking than banks to diversify out of financial services. The study examined how information and communication technology is adopted and managed to enhance service innovation practices and competitive advantage among commercial banks. The objectives included to ascertain whether information and communication technology adoption by commercial banks in Kenya enhances service innovation practices; establish whether service innovation practices enhances competitive advantage among commercial banks in Kenya; examine whether information and communication technology adoption is a strategic key in the attainment of comparative advantage; ascertain whether Commercial banks ICT strategic plan has supported business strategic plan in improving customer service and product offerings. The broadened understanding about service innovation as a critical organizational capability through which information and communication technology adoption can influence the competitive advantage of a firm. The study was limited to commercial banks within Kenya only and did not cover other financial institutions like investment banks, mortgage firms, and Micro-finance firms.  A survey was conducted on commercial banks in Mombasa. In the context of commercial banks, the study examined the effect of Information and communication technology adoption on competitive advantage through service innovation practices. A research framework and the associated questions were proposed. An empirical survey was conducted and questionnaires mailed to ICT Managers and Marketing Managers in thirty commercial banks in Mombasa, Kenya. Partial least square technique and Statistical package for social science (SPSS) technique were used to analyze the data. The study found that, first; Information and communication technology adoption has a positive and significant effect on service innovation in process. Second; Information and communication technology adoption has a positive and significant effect on service innovation in product. Third; Service innovation in process has a positive and significant effect on external competitive advantage. Fourth; Innovation in product has a positive and significant effect on external competitive advantage. Fifth; Service innovation in process has a positive and significant effect on internal competitive advantage, and finally; Service innovation in product has a positive and significant effect on internal competitive advantage. The study also found that many commercial banks have made moderate effort to align information and communication technology strategy with business strategy to improve customer service and product offerings. Keywords: Communication technology, Innovation, Competitive advantage

Theorising Global Governance Inside Out: A Response to Professor Ladeur

Professor Ladeur argues that administrative law’s postmodernism (and by extension Global Administrative Law) necessitates that we move beyond relying on ideas of delegation, account- ability and legitimacy. Global Governance, particularly Global Administrative Law and Global Constitutionalism, should try to adapt and experiment with the changing nature of the postmod- ern legality and support the creation of norms that will adapt to the complexities of globalisation. Ladeur’s contestation, similar to GAL’s propositions, can be challenged. By taking the International Criminal Tribunal for Rwanda, a significant contributor to the field of international criminal law, as an example, it is suggested that the creation of networks that Ladeur makes visible may not account for ‘regulatory capture’. This paper will argue that from the outside, the proliferation of networks may suggest that spontaneous accountability is possible. A closer look, however, drawing on anthropological insights from the ICTR, reveals that international institutions are suscepti- ble to capture by special interests. Furthermore, there are two central themes that animate the response to Professor Ladeur: the political nature of international institutions and the history of international law, and the role of institutions in this history

Political Parties in Transitions: The Kenyan Experience

Published as Chapter 8 in Political Succession in East Africa: In Search for a Limited Leadership, Chris Maina Peter & Fritz Kopsieker, eds. Political parties, as the sole organs that rule the state, must understand, advance, and defend the country’s national interests. Although political parties will differ in ideology and philosophy, they nevertheless must espouse and abide by core national interests. Many East African states, including Kenya, lack a progressive-or even a clear unambiguous – political party’s law that would set strict and fair criteria to govern political parties. The lessons to be drawn from the Kenyan experience are several and include the observation that political parties in East Africa are generally fragile, lack a national outlook, are not driven by clearly differing ideologies in the context of the same state, and woefully lack a viable resource base. But in general, even with these debilitating factors, political parties seem to be committed, at least rhetorically, to the creation of liberal democratic, open market states. This orientation represents the consensus of elites in the region. The problem has been the inability of the elites to translate these aspirations into reality because of the countervailing interests entrenched in corruption, ethnic politics, narrow personal agendas, and underdeveloped economies.https://digitalcommons.law.buffalo.edu/book_sections/1204/thumbnail.jp

Africans and the ICC: Hypocrisy, Impunity, and Perversion

Published as Chapter 3 in Africa and the ICC: Perceptions of Justice, Kamari M. Clarke, Abel S. Knottnerus, & Eefje de Volder, eds.https://digitalcommons.law.buffalo.edu/book_sections/1241/thumbnail.jp

Political Parties in Transitions: The Kenyan Experience

Published as Chapter 8 in Political Succession in East Africa: In Search for a Limited Leadership, Chris Maina Peter & Fritz Kopsieker, eds. Political parties, as the sole organs that rule the state, must understand, advance, and defend the country’s national interests. Although political parties will differ in ideology and philosophy, they nevertheless must espouse and abide by core national interests. Many East African states, including Kenya, lack a progressive-or even a clear unambiguous – political party’s law that would set strict and fair criteria to govern political parties. The lessons to be drawn from the Kenyan experience are several and include the observation that political parties in East Africa are generally fragile, lack a national outlook, are not driven by clearly differing ideologies in the context of the same state, and woefully lack a viable resource base. But in general, even with these debilitating factors, political parties seem to be committed, at least rhetorically, to the creation of liberal democratic, open market states. This orientation represents the consensus of elites in the region. The problem has been the inability of the elites to translate these aspirations into reality because of the countervailing interests entrenched in corruption, ethnic politics, narrow personal agendas, and underdeveloped economies.https://digitalcommons.law.buffalo.edu/book_sections/1204/thumbnail.jp