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DISPUTE RESOLUTION MECHANISMS UNDER GATT AND THE WTO

It is said that knowledge is power...well... I hope that you do feel empowered.  BRIEF HISTORY OF GENERAL AGREEMENT ON TRADE AND TARIFFS AND THE WORLD TRADE ORGANIZATION The General Agreement on Trade and Tariffs was established right after the World War II when the world economies realized that there was need for international economic cooperation. It is at this time when multilateral institutions realized that there was need to strengthen their economic power in order to survive the economic hardships that prevailed at the time. The multilateral institutions noteworthy at the time were the Breton Woods Institutions; World Bank and the International monetary fund.  It is at this point that I would like to acknowledge the efforts of two renowned world economists Harry Dexter White and John Maynard Keynes. The two are recognized for their efforts to promote a liberal international trade environment and the establishment of the IMF to deal with fiscal and monetary issues, W...

Is violence against women an issue in Kenya or is it an imported agenda?

Here is my take on the issue Violence against women otherwise known as gender based violence depicts any act of violence that results in or is likely to result in physical, sexual, or psychological harm or suffering to women including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life. It includes all acts that violate women as well as girls’ rights. Up to 70 percent of women experience physical or sexual violence from men in their lifetime [1] . The World Organization against Torture report on violence against women in Kenya stated that laws against family violence and abuse, rape, sexual assault and other gender based violence should give adequate protection to all women, while promoting respect for their dignity and integrity [2] .  Violence against women in Kenya is not just an “issue.” As a matter of fact it is a “big issue” that is often down played by other occurrences in the country. During the 2007 post e...

MOVING BEYOND LEGALISM: A PEEP INTO THE ETHICAL ERA OF BUSINESS TRANSACTIONS

It is said that the sole purpose of a business is to make profit. The end has always justified the means with little or no interest put on aspects such as fairness, customer care, honesty and integrity in businesses. But with the fall of companies in the Nairobi Stock Exchange, the Wall Street Market in the United States and many other areas of the world it suffices to ask whether 'the end really justifies the means', whether business is just a matter of compliance with the laws in place. It suffices to ask whether this is the time for business and the corporate world at large to move beyond legalism and have a peep in to the world of ethics. In conduct of business, situations may arise where managers may move beyond legalism because the law does not always hold all the answers. According to Milton Friedman as quoted by Daryl Koehn, [1] business has only one responsibility, to employ all available legal means to increase corporate profits owed to stake holders. Kohen interpre...

WHAT YOU NEED TO KNOW ABOUT THE LAW OF CONTRACTS

Many are times we get into engagements with people some who we know, some who we don't know. We make agreements and deals be it with our siblings, parents, friends, employers and  employees be it the hand bag your friend promised or that car your father promised or ever the undertaking your boss made to increase your salary at the end of the month. However are you aware of the legal implications of these agreements? Do you know the Difference between an agreement and a contract? Here is some food for thought. A contract is a form of an agreement that can be enforced by the law. hence for an agreement to amount to a contract it has to be one which is recognized in law. Therefore an agreement between parties where one of the parties is a minor will not be deemed to be a valid contract. For a contract to be deemed as valid, there are elements which it must contain which elements I shall now discuss. First and fore most as stated above, a contract is a form of an agreement. Hence fo...