Gitari Ndung’u, 2012
INTERNATIONAL INVESTMENT TREATY LAW IN THE 21ST CENTURY: COMPETING OBLIGATIONS FOR MODERN DAY CONSTITUTIONAL DEMOCRACIES (STRIKING A BALANCING OR RE-ALIGNING THE BITS)
Languages spoken: English, French, Kikuyu, Swahili
Thesis Advisor: Professors Joel Trachtman and Hurst Hannum
This thesis analyzes the following:
a. The concept of transparency as underpinned by the international human right to information and as understood within international law;
b. The challenges faced in application of transparency regimes within bilateral and multi-lateral treaties, and in particular where the States are:
a. Drafting or amending investment treaties;
b. Publishing information on laws, regulations and policies vis-à-vis confidentiality; or
c. Exercising regulatory authority vis-à-vis opacity and nondiscrimination; and
c. The investment arbitration panels’ responses to demands for transparent arbitral process.
The thesis concludes by re-stating that the co-option of international human rights norms, in particular of transparency (right to information) regimes, into investment treaty law offers serious benefits to foreign direct investors, primarily by providing for a stronger investment protection against expropriation and a better acceptance of their presence in host states by host communities.
Christopher Gitari Ndung’u is an Advocate of the High Court of Kenya and holds a Bachelor of Laws degree from the University of Nairobi and a post-graduate diploma from the Kenya School of Law. He has served as Programme Officer in the Human Rights Protection Programme at Kenyan Section of the International Commission of Jurists (ICJ Kenya). He also doubled up as the Programme Manager for the African Centre for Human Rights and Humanitarian Law, an emerging private sector-focused initiative of the ICJ Kenya.
Christopher is a Fellow of the International Centre for Transitional Justice (Cape Town) and has served as a member of Government-led National Steering Committee on the Legal Aid (and Awareness) Scheme. He has further served as a member of the Government-led Inter-Governmental Advisory Committee on Domestication of International Human Rights Obligations.
Christopher has completed the Post Graduate Diploma in International Mediation (ADR) with Queen Mary (University of London) and the IBA Post Graduate Certificate in International Legal Practice with The College of Law (England and Wales).
He is currently Consultant with the government and civil society on the “Leadership and Integrity Bill” pending before the Kenyan Parliament. He also teaches at the Strathmore Law School, where he runs their newly launched Dispute Centre, in Nairobi, Kenya.