Maxwel Miyawa

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Dissertation Title: Conceptualizing the Accountability of Non-state Actors in the Context of the Right to Development in International Law

Dissertation Topic:

In this project, by focusing on the right to development, I intend to investigate and answer the question of how international law, while attentive to the nature of global economic relations and the conditioning power dynamics, can formulate a human rights accountability framework for regulating and governing international economic institutions who exercise a wide leverage of influence and power in determining, influencing and driving policy priorities in the global economy that affect and impact enjoyment of human rights. The core objective is to understand how these institutions can be co-opted into human rights frameworks and subsequently be held accountable within that regime for harms that may result from their policies and conduct, especially the subversion of the right to development of people living in the global South.


  • Master of Laws (LL.M) in Law, Governance and Democracy - University of Nairobi
  • Bachelor of Laws (LL.B) Honours - University of Nairobi
  • Post-graduate Diploma in Law - Kenya School of Law, 2009

Teaching Experience

  • Teaching Assistant, Department of Social Science, Faculty of Liberal Arts & Professional Studies, York University.

Professional Experience

  • Supreme Court of Kenya - Law Clerk to the Chief Justice: 2012-2016
  • Constitutional Court of South Africa - Law Clerk: June-December 2015
  • DIRECTLINE Assurance Company (June 2010-December 2011) - Manager, Claims Department, Deputy Claims Manage
  • Odera Obar & Co. Advocates, Nairobi: 2008- 2010) - Associate


Articles (peer reviewed)

  • The Right to Development and Non-state Actors: Rethinking the Meaning, Praxis and the Normative Potential of Accountability of Non-state Actors in International Law (in press with The Transnational Human Rights Review). peer reviewed journal.
  • The Genesis of Mainstreaming the Theory of Interpretation of the Constitution of Kenya, 2010: Analysis February 2016, The Platform For Law, Justice and Society No. 15. (peer reviewed law magazine).
  • Dialogic Landscape in Kenya: An Emerging Trend in Socio-economic Rights Enforcement (2015) 11(1) Law Society of Kenya Law Journal 83-108.(peer reviewed).

Book chapters

  • Forthcoming: “Constitutional Reforms and Judicial Appointments in Kenya” with Yash Ghai, Jill Cottrell Ghai and Linette du Toit. (Co-sponsored by University of Cape Town and Bingham Centre for the Rule of Law):


  • Judicial Enforcement of Socioeconomic Rights: A Case for Dialogic Approach in Crafting Appropriate Judicial Remedies, 151 pages. (LL.M thesis-2014) available at University of Nairobi Research Archive:


  • Canada/Anglophone Africa Human Rights Cooperation. Discussant:Held at Osgoode Hall Law School,8-10 December 2016
  • "The Right to Development in International Law: Exposing the Soft Underbelly of Global Capital" paper presented at Osgoode Hall Law School, Graduate Students Conference: “Rights Right Now: Classic, Contemporary and Alternative Approaches”, 23 February, 2017.
  • “Dialogic Landscape in Kenya: An Emerging Trend in Socio-economic Rights Enforcement” paper submitted for a conference held at University of the Witwatersrand titled: "30 Years of SAJHR: Transformation and the Courts Conference", 28-29 January, 2015, Paper read by participants due to inability to attend.
  • "Conceptualizing the Accountability of International Economic Institutions in the Context of the Right to Development in International Law": paper presented at the Association of Transnational Law Schools (ATLAS) Agora conference held at Queen Mary University of London School of Law between June 18-July 2, 2017.