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JAMES THUO GATHII Loyola University Chicago School of Law, Phillip H

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JAMES THUO GATHII Loyola University Chicago School of Law, Phillip H JAMES THUO GATHII Loyola University Chicago School of Law, Phillip H. Corboy Law Center, 25 E. Pearson Street, Chicago IL 60611 Tel: 312-915-7097 (office) [email protected] EDUCATION: HARVARD LAW SCHOOL S.J.D., (Doctor of Juridical Science, Phd equivalent) June 1999 LL.M., June 1995 (waived to pursue SJD) KENYA SCHOOL OF LAW Diploma in the Practice of Law, Advocate High Court of Kenya) UNIVERSITY OF NAIROBI, FACULTY OF LAW LL.B. With Honors, March 1992 MAJOR HONOURS: Selected to Deliver Grotius Lecture at the 114 Annual Meeting of the American Society of International Law, (ASIL) June 25, 2020 Vice President, American Society of International Law, Spring 2021 Elected to Indicative List of Panelists of the World Trade Organization, 2016 Elected as Counsellor to the American Society of International Law, 2015 Elected to the International Academy of International Law, 2015 Elected to the Board of Editors of the American Journal of International, 2014 Appointed Wing-Tat Lee Chair in International Law, 2012 2010 Distinguished Faculty Award in Excellence in Scholarship, Albany Law School, May 2010 Appointed George E. Pataki Professor of International Commercial Law and Arbitration, 2006 EXPERIENCE: Loyola University Chicago School of Law Wing-Tat Lee Chair of International Law and Professor of Law, July 2012 to Present University of Chicago School of Law Visiting Professor of Law, Autumn 2017 Albany Law School, Albany NY Associate Dean for Research and Scholarship, July 2008-June 2012 Governor George E. Pataki Professor of International Commercial Law, July 2006-June 2012 Professor of Law, July 2006-June 2012 Associate Professor, July 2004-June 2006 Assistant Professor, Fall 2001 to 2004 Taught: International Investment Law and Commercial Arbitration; Public International Law; International Trade Law; International Business Transactions; Law and Development University of Illinois Law School Visiting Professor of Law, Short Course, Fall 2007 School of Law, University of Nairobi Visiting Professor of Law, 2007-08 Rutgers University, Graduate School of Management, Newark, NJ Assistant Professor, Fall 1998-Spring 2001 Capital University Law School, Columbus, OH Visiting Professor Summer Abroad At Home Program, Summer 1998 University of Oklahoma, College of Law, Norman, OK Crowe and Dunvely Visiting International Law Professor, Fall 1997 Harvard Law School, Cambridge, MA Senior Fellow, Graduate Program, 1996-97 Harvard Center for International Affairs, Cambridge, MA MacArthur Fellow, 1996-97; Graduate Affiliate, 1995-96 Co-ordinated the Harvard - MIT Transnational Security Seminar on the response of the international community to civil wars INTERNATIONAL ARBITRATION ASSIGNMENTS Arbitrator in Consta Joint Venture v. Chemin de Fer Djibouto-Ethiopien (the Ethiopian-Djibouti Railway), representing the Federal Democratic Republic of Ethiopia and the Republic of Djibouti, 2 PCA Case No. 2013-32 at the Permanent Court of Arbitration in the Hague (2013 to 2016) https://pca-cpa.org/en/cases/40 Total value of dispute: Euro 38, 865, 586.09 Arbitrator in Mattioli Joint Venture v. The Ministry of Water and Energy representing the Federal Democratic Republic of Ethiopia, PCA Case No. 2013-33 at the Permanent Court of Arbitration in the Hague (2013 to 2016) https://pca-cpa.org/en/cases/43 Total Value of Dispute: Euro 37,495,862. ADDITIONAL PROFESSIONAL EXPERIENCE: Editor, American Journal of International Law 2014 to present. Founding Editor, Afronomicslaw.org, a blog on International Economic Law Issues as they Relate to Africa and the Global South Founding Editor-in-Chief, African Journal of International Economic Law (2020) Advisory Board member of the International Journal of Constitutional Law (I.CON) from September 2019 to present Advisory Board Member, Caribbean Law Review, February 2021 to present Associate Member, International Academy of Comparative Law, 2015 to present Independent Expert on the African Commission on Human and Peoples’ Rights Group on Extractive Industries, Environment and Human Rights Violations in Africa, June 2012 to April 2020. Co-Chair, African Interest Group of the American Society of International Law, 2010-2012 Member Executive Council of the American Society of International Law, 2008-2011 and 2012 to present Counsellor, American Society of International Law, 2012 to present Consultant, Kenya National Commission on Human Rights on Investigative Report on Post-Election Violence Following the 2007 General Elections in Kenya Consultant, UNDP Project on Access to Justice, 2005-06 Consultant, Trade Policy Training Center in Africa, September 2007 Member, Advisory Board, Journal of Human Rights and International Legal Discourse, since 2006 3 Member, Advisory Board, Human Rights and the Global Economy an SSRN Electronic Journal, since 2006 Member, Advisory Board, Law and Development Review, a Bepress Electronic Journal, since January 2009 Director, Nairobi International Law Institute, Summer 2006, 2007 and 2010 Constitution of Kenya Review Commission, Summer 2002, Nairobi, Kenya Intern, International Monetary Fund, Summer 1996, Washington DC Associate, Waruhiu and Muite Advocates, 1993-1994, Nairobi, Kenya PUBLICATIONS: BOOKS– : Kenya’s Company Law Under the 2015 Companies Act, Sheria Publishing House (forthcoming 2021). The Performance of Africa's International Courts: Using International Litigation for Political, Legal, and Social Change, (Editor), Oxford University Press, 2020. The Contested Empowerment of Kenya’s Judiciary, Sheria Publishing House (2016) African Regional Trade Agreements as Legal Regimes, Cambridge University Press, (July, 2011, paperback edition 2013) War, Commerce, and International Law, Oxford University Press, (2010). FORTHCOMING ARTICLES “Studying Race in International Law Scholarship Using a Social Science Approach,” forthcoming 22 Chicago International Law Journal (2021) “The Promise of International Law: A Third World View (Including a TWAIL Bibliography 1996-2019 as an Appendix,” ASIL Grotius Lecture 2020, forthcoming American University International Law Review (2021) as part of the Grotius Lecture Series. “The View from the Global South,” in David Sloss (ed.) Is the Rules-Based International Order Unraveling?,(2021) (with Sergio Puig) ”Judicialization of Election Disputes in Africa’s International Courts,” in Karen Alter and Mikael Madsen, International Courts and the Adjudication of Megapolitics (2021) 4 “Attributing Illicit Financial Flows,” in M.J. Durkee, (ed.) The Law and Logics of Attribution: Constructing the Identity and Responsibility of States and Firms (2021) “Writing Race and Identity in a Global Context: What CRT and TWAIL Can Learn From Each Other,” UCLA Law Review (forthcoming 2021) “Race, Racism and International Law: A Repudiation of US Exceptionalism,” forthcoming Wisconsin Journal of International Law, (2021) “Reform and Retrenchment in International Investment Law,” under review (2021) "The Agenda of Third World Approaches to International Law," in Jeffrey Dunoff and Mark Pollack (eds.) International Legal Theory: Foundations and Frontiers, forthcoming (2021) Cambridge University Press “Termination and Amendment of Treaties and Modernization and Reform of Investment Treaties: Which Way Forward?,” (with Dilini L. Pathirana) forthcoming in Dr Esmé Shirlow and Kiran Nasir Gore (eds) The Vienna Convention on the Law of Treaties: in International Arbitration: History, Evolution, and Future (2021) “Regulating Transnational Corporations and Protecting Human Rights: Looking Back to Pave the Way Forward,” forthcoming in the Netherlands International Law Review (2021) (with Dolapo Makinde) “Book Review Essay: Africa and International Economic Law,” forthcoming American Journal of International Law, (forthcoming 2021) “How International is the International Court of Justice,” under review (2021) PUBLISHED ARTICLES “The Promise of International Law: A Third World View (Including a TWAIL Bibliography 1996-2019 as an Appendix,” ASIL Grotius Lecture 2020, 114 American Society of International Law Annual Meeting Proceedings 167-187 (2021) “Introduction,” in James Gathii (ed.), The Performance of Africa’s International Courts: Using Litigation for Political, Legal, and Social Change, 1-34 (OUP, 2020) “The African Court of Human and Peoples’ Rights as an Opportunity Structure,” in James Gathii (ed.) The Performance of Africa's International Courts: Using International Litigation for Political, Legal, and Social Change (Oxford University Press) 211-253 (2020) (with Jacqueline Wangui Mwangi) “International Courts as Coordination Devices for Opposition Parties: The Case of the East African Court of Justice,” in James Gathii (ed.) The Performance of Africa's International Courts: Using International Litigation for Political, Legal, and Social Change, 35-87 (Oxford University Press) (2020) 5 “Backlash Against International Courts in West, East and Southern Africa: Causes and Consequences,” in James Gathii (ed) The Performance of Africa’s International Courts: Using Litigation for Political, Legal, and Social Change, 256-299 (OUP, 2020) (with Karen J. Alter and Laurence R. Helfer) “Reference Guide to Africa’s International Courts,” in James Gathii (ed) The Performance of Africa’s International Courts: Using Litigation for Political, Legal, and Social Change, 300- 344 (OUP, 2020) (with Harrison Otieno Mbori) “Without Centering Race, Identity, and Indigeneity, Climate Responses Miss the Mark (October 25, 2020). in Wilson Center and Adelphi (eds.), Climate Change, Equity and the Future of Democracy,
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