11 Records out of 22207 Records

Implications of EU-ACP economic partnership agreements on the realization of socio-economic rights in Kenya

Author: Sungura, Beatrice

Awarding University: University of Nairobi, Kenya

Level : LLM

Year: 2012

Holding Libraries: University of Nairobi Jomo Kenyatta Memorial Library ;

Subject Terms: European Union/African, Caribbean and Pacific states/East African Community/Trade agreements/Trade liberalization/Socioeconomic factors/World Trade Organisation/ ;

Abstract:

Kenya is currently engaged in trade negotiations with the European Union EU) through the framework of the African Caribbean and Pacific (ACP) countries - (EU) relations. Kenya is negotiating under the auspices of the East Africa Community. Once these negotiations are concluded Kenya is required to signs Economic Partnership Agreements whose content has been widely criticized. Unlike its predecessor, Cotonou Agreement was founded on the foundation of among other the respect for International Convention on Economic, Social and Cultural Rights (ICESCR) the EP As are founded on the trade liberalization theory. The aim of EP As is to establish a regime that is compatible to international trade principles as envisaged within the WTO framework. The WTO framework gives minimal consideration for human rights hence a WTO compliant EP As may see EAC countries enjoying less social and economic rights than they are currently. The theme ofthis paper, therefore, is to interrogate the content of the EPAs, Kenya's obligations under EP AS and establish whether they indeed violate the socio-economic rights of developing countries, particularly Kenya. The study further proposes possible alterations that will see preservation of social-economic rights of Kenyans.

An appraisal of the mutual impact between globalization and human rights in Africa

Author: Okogbule, Nlerum Sunday

Awarding University: University of Glasgow, Scotland

Level : PhD

Year: 2012

Holding Libraries: ;

Subject Terms: Globalization ; Human rights ; International Monetary Fund ; World Bank ; World Trade Organisation ; African Charter on Human and Peoples' Rights ;

Abstract:

Unedited abstract: Globalization has become one of the defining features of the contemporary world, and is, no doubt, having some impact on human rights. In examining the nature of the impact with particular reference to Africa. This thesis challenges the conventional scholarship which has so far concentrated on the impact of globalization on human rights, ignoring the possible impact of human rights on processes of globalization, and argues that in order to obtain a holistic view of the relationship between globalization and human rights, sufficient attention must equally be given to the corresponding impact of human rights norms on processes of globalization. In support of this formulation, three levels of analysis are adopted in the Thesis, namely; international, regional and national systems. It is argued that at the international level, the impact of human rights norms on processes of globalization is evidenced by the fact that international economic institutions such as International Monetary Fund (IMF), World Bank and World Trade Organization (WTO), which initially ignored human rights norms in their policies, programmes and operations, have now embraced such norms. At the regional level, the African Charter on Human and Peoples? Rights, embodying human rights norms attentive to the African condition, has been used to constrain processes of globalization. Finally, using three African countries, namely, South Africa, Nigeria, and Kenya as case studies, it is demonstrated that at the national levels, human rights norms are also impacting on processes of globalization, as the activities of transnational corporations, and those of governments based on the dictates of economic globalization, are being challenged by human rights NGOs and other social movements. It is on this score that the ?Mutual Impact thesis? is formulated, the contention being that for a proper understanding of whether the impact of globalization on human rights is positive or negative, a debate that has engaged the attention of some writers, the preliminary issue of the corresponding impact of human rights on globalization must also be taken into account.

The WTO agreement on agriculture: right to free trade vis-a-vis right to food

Author: Genga, Shirley Anne

Awarding University: University of Nairobi, Kenya

Level : LLB

Year: 2010

Holding Libraries: University of Nairobi Jomo Kenyatta Memorial Library ;

Subject Terms: World Trade Organisation ; Agribusiness ; Free trade ; Trade agreements ;

Abstract:

ABSTRACT NOT AVAILABLE

Liberalization of trade in services under the EAC Common Market protocol : does the protocol meet the WTO requirements on services liberalization

Author: Khaemba, Bryan Mandila

Awarding University: University of Nairobi, Kenya

Level : LLM

Year: 2010

Holding Libraries: University of Nairobi Law Campus Library ;

Subject Terms: East African Community/East African Common Market/World Trade Organisation/Trade liberalization ;

Abstract:

ABSTRACT NOT AVAILABLE

The impact of Economic globalization and trade liberalization on Kenya : period between 1985 and 2004

Author: Ndiga, Francis Kariuki

Awarding University: University of Nairobi, Kenya

Level : MA

Year: 2010

Holding Libraries: University of Nairobi Jomo Kenyatta Memorial Library ;

Subject Terms: Economic development ; Globalization ; Trade liberalization ; World Trade Organisation ; WTO use World Trade Organisation ;

Abstract:

Economic globalization has often been viewed as the epicenter of the world's economic development. It is therefore anticipated that countries that embrace economic globalization are bound to advance both economically and socially. This is as a result of the benefits derived from increase in trade, employment, national income, productivity, foreign Direct investment (FDI), foreign capital flows, technological advancement and other indicators of economic globalization. This study sets out to scrutinize the effects of economic globalization and trade liberalization on Kenya. It examines the Kenyan economic situation a decade before and after the establishment of WTO (1985-2004). The objective is to determine whether Kenya has benefited from its membership in the WTO and the subsequent adoption of economic globalization and trade liberalization strategies. As a developing country, Kenya faces numerous challenges in its quest for economic growth; especially in terms of developed countries' competitive advantages. This raises the question on whether WTO has engineered an equal platform where each of its members can equally benefit from international trade. This paper includes an objective of finding out whether Kenya as a developing country has benefited from WTO membership like the developed nations. The dependency theory is used to explain how developing countries are often marginalized in the world economy which tends to favor developing nations. From the findings of the study, it can be established that the Kenyan economy has not gained optimally from Kenya's WTO membership. Indicators of globalization such as the balance of trade, GDP growth and unemployment levels among other indicators point out that it may take considerable time and effort to put Kenya at par with its developed country counterparts. Further, the World Trade Organization should prioritize the development of third world nations as it seeks to promote global trade.

The paradox of multilateralism and regionalism : an assessment of the adequacy of the WTO framework using COMESA as a case study

Author: Muindi, Jacqueline Mbithe

Awarding University: University of Nairobi, Kenya

Level : LLM

Year: 2008

Holding Libraries: University of Nairobi Law Campus Library ;

Subject Terms: World Trade Organisation ; COMESA ; Regionalism ;

Abstract:

ABSTRACT NOT AVAILABLE

Introducing the green helmet concept : lessons for WTO from NAFTA

Author: Murambi, Albert Simiyu

Awarding University: University of Nairobi, Kenya

Level : LLM

Year: 2008

Holding Libraries: University of Nairobi Law Campus Library ;

Subject Terms: World Trade Organisation ; NAFTA USE North American Free Trade Agreement ; Green helmet concept ; North American Free Trade Agreement ;

Abstract:

ABSTRACT NOT AVAILABLE

The Kenya sugar industry and WTO requirements : challenges,problems and prospects

Author: Lubulellah, Anthony Milimu

Awarding University: University of Nairobi, Kenya

Level : LLM

Year: 2007

Holding Libraries: University of Nairobi Law Campus Library ;

Subject Terms: International trade ; Judicial process ; World Trade Organisation ; Sugar industry ;

Abstract:

As many developing countries, Kenya has problems associated with its participation in the in history and have seen efforts made to address the same through policy and legal measures at international law and domestically within Kenya. The emergence of a system of preferences in international trade was one such effort to address problems and challenges of developing states . kenya, which because of administrative and economic policy weaknesses are not able to participate in international trade on a reciprocal basis as contemplated by the WTO legal regime. This study is therefore meant to inform on the juridical status of Kenya's international trade obligations under the WTO legal regime against the background of the problems and challenges presented to Kenya with specific focus on international trade in sugar. It is recognized that the WTO escape clauses which allow developing countries a leeway from the difficulties presented by the said system that is centered on the principles of non-discrimination and reciprocity. The challenge for Kenya lies its inability to take full benefit of SDT in a meaningful way consistent with its development objectives and aspirations and in conformity with WTO tenets .: Until Kenya overcomes its structural, administrative and economic difficulties, the WTO system is questioned more on the basis of its perceived inequity and its onerous impact on Kenya than its legal content The impact of a legal system, it is submitted, cannot be examined effectively outside In words rules, not being value neutral, must be contextually evaluated to discern their actual objectives and impacts in socio-economic and political terms. It is not for a moment herein suggested that trade can or should be conducted on the basis of unilateral actions of sovereign states. The dangers of operating outside a system of rules are clear from the state of international trade in the pre-Second World War period when unregulated inter-state competition culminated in beggar thy neighbour policies that eventually led to an economic depression'. Although it is ultimately suggested that Kenya's international sugar trade can benefit more through embracing reciprocity and competition than through unilateral preferences or safeguards, the timing of market liberalization is critical meaning Kenya should be allowed time to adjust to the demands of liberalized international sugar trade. A social economic impact examination of Kenya's sugar industry players leads to the conclusion that there is an inexorable connection between local economies in the sugar cane growing areas and the international sugar trade regimes. Liberalization of international sugar trade and the attendant difficulties faced by Kenya in particular in taking advantage of escape arrangements within the WTO are central to this study which also offers recommendations to address the challenges. The withdrawal of Kenya's membership of the WTO under Article XV of the WTO agreement is not considered as a viable option. The conclusion is reached that there exists a case for the strengthening of SDT mechanism within the WTO, and Kenya should find comfort and solutions to any challenges and problems that it may face within The WTO system.

A critical examination of developing countries experience in the World Trade Organization 1995-2006

Author: Mburu, Patrick

Awarding University: United States International University-Africa, Kenya

Level : Master of Internatio

Year: 2007

Holding Libraries: ;

Subject Terms: Developing countries ; World Trade Organisation ; International trade ; Economic development ;

Abstract:

ABSTRACT NOT AVAILABLE

Increasing the WTO's relevance to Africa : a case for reforming the understanding on dispute settlement

Author: Kamotho, Waiganjo

Awarding University: University of Nairobi, Kenya

Level : LLM

Year: 2005

Holding Libraries: University of Nairobi Law Campus Library ;

Subject Terms: World Trade Organisation/Disputes/Settlements and damages ;

Abstract:

ABSTRACT NOT AVAILABLE