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The Performance of Africa's International Courts: Using Litigation for Political, Legal, and Social Change by James Thuo Gathii

The Performance of Africa's International Courts: Using Litigation for Political, Legal, and Social Change

by James Thuo Gathii
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Book cover type: Hardcover
  • ISBN13: 9780198868477
  • Binding: Hardcover
  • Subject: N/A
  • Publisher: Oxford University Press
  • Publisher Imprint: Oxford University Press
  • Publication Date:
  • Pages: 380
  • Original Price: USD 165.0
  • Language: English
  • Edition: N/A
  • Item Weight: 749 grams
  • BISAC Subject(s): International

The performance of international courts has traditionally been judged against criteria of compliance and effectiveness. Whilst these are clearly desirable objectives for litigants before Africa's international courts, this book shows that we must look beyond these criteria to fully appreciate the impact of these courts. This book shows how litigants use their participation in international litigation to achieve other objectives: to amplify political disputes with their governments, to build their movement, to educate the public about their cause, and to challenge the status quo.

Chapters in this collection show how these courts act as coordination points for opposition political parties to name and shame dominant parties for violation of their organizational rights. Others demonstrate how Africa's international courts serve as transitional justice mechanisms in which truth telling about ongoing conflict and authoritarian governance receives significant attention. This attention serves as a platform to galvanize resistance against continued authoritarian rule, especially from outside the conflict countries. Ultimately, the book shows that these courts must be judged against new and broader criteria, and understood as increasingly important venues for waging political, social, environmental, and legal struggles.

James T. Gathii is a Professor of Law and the Wing-Tat Lee Chair in International Law at Loyola University Chicago School of Law since July 2012. He is a graduate of the University of Nairobi, Kenya, and Harvard Law School. He sits on the board of editors of the American Journal of International Law, the Journal of African Law and the Journal of International Trade Law and Policy, and on the Advisory Board of the International Journal of Constitutional Law, among others. He is also a founding editor of afronomicslaw.org, the blog on International Economic Law Issues as they relate to Africa and the Global South.

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