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This book centres on the war that raged between Eritrea and Ethiopia from 1998 to 2000, a war that caused great loss of life and tremendous devastation. It analyses the war in great detail from an international legal perspective: the nature and the state of the boundary conflict preceding the actual armed conflict, the military actions themselves, the role of the UN peace-keeping mission, the responsibility for the multitude of explosive remnants of the war left behind. Ample attention is paid to the decisions of the Eritrea-Ethiopia Claims Commission and the Eritrea-Ethiopia Boundary Commission. This study is not limited to the war and the period immediately following it, it also examines its more extended aftermath prolonging the analysis as far as the more recent improvement in the relations between Eritrea and Ethiopia, away from a situation of 'no war, no peace' that prevailed after the armed conflict ended. The analysis of the war and its aftermath is not only in terms of international legal issues, it has been placed in a wider than strictly legal perspective. The book is a valuable work for academics and practitioners in international law, human rights and humanitarian law in particular, for political scientists, diplomats, civil servants, historians, and all those others seriously interested in the Horn of Africa. Andrea de Guttry is Full Professor of Public International Law at the Scuola Superiore Sant'Anna in Pisa, Italy. Harry H.G. Post is Adjunct Professor in the Faculte Libre de Droit of the Universite Catholique de Lille in Lille, France. Gabriella Venturini is Professor Emerita in the Dipartimento di Studi internazionali, giuridici e storico-politici of the Universita degli Studi di Milano in Milan, Italy.
The war that raged between Eritrea and Ethiopia from 1998 to 2000 has caused great loss of life and tremendous devastation. This book analyses from an international legal perspective the nature and the state of the boundary conflict preceding the actual armed conflict, the military actions themselves as well as developments in the aftermath of the military activities, like the role of the UN peace-keeping deployment and the responsibility for the multitude of explosive remnants of the war. The authors address the complex issues of responsibility for the use of force, violations of humanitarian law and 'borderline' issues regarding situations where the law of armed conflict and the (successive) law of peace meet. Ample attention is paid to the decisions of the Eritrea-Ethiopia Claims Commission and the Eritrea-Ethiopia Boundary Commission. The analysis of this war is not limited to international legal issues, but has been placed in a wider than strictly legal perspective. It is a valuable work for academics and practitioners in international law, political scientists, diplomats, civil servants and historians. Andrea de Guttry is Professor of International Law at the Scuola Superiore Sant'Anna di Studi Universitari e di Perfezionamento, Pisa, Italy. Harry Post is Professor of International Law at the Universita degli Studi di Modena e Reggio Emilia, Italy. Gabriella Venturini is Professor of International Law at the University of Milan, Italy.
This book centres on the war that raged between Eritrea and Ethiopia from 1998 to 2000, a war that caused great loss of life and tremendous devastation. It analyses the war in great detail from an international legal perspective: the nature and the state of the boundary conflict preceding the actual armed conflict, the military actions themselves, the role of the UN peace-keeping mission, the responsibility for the multitude of explosive remnants of the war left behind. Ample attention is paid to the decisions of the Eritrea-Ethiopia Claims Commission and the Eritrea-Ethiopia Boundary Commission. This study is not limited to the war and the period immediately following it, it also examines its more extended aftermath prolonging the analysis as far as the more recent improvement in the relations between Eritrea and Ethiopia, away from a situation of 'no war, no peace' that prevailed after the armed conflict ended. The analysis of the war and its aftermath is not only in terms of international legal issues, it has been placed in a wider than strictly legal perspective. The book is a valuable work for academics and practitioners in international law, human rights and humanitarian law in particular, for political scientists, diplomats, civil servants, historians, and all those others seriously interested in the Horn of Africa. Andrea de Guttry is Full Professor of Public International Law at the Scuola Superiore Sant'Anna in Pisa, Italy. Harry H.G. Post is Adjunct Professor in the Faculte Libre de Droit of the Universite Catholique de Lille in Lille, France. Gabriella Venturini is Professor Emerita in the Dipartimento di Studi internazionali, giuridici e storico-politici of the Universita degli Studi di Milano in Milan, Italy.
The contributions included in this book, all written by renowned scholars, examine some of the long-standing fundamental issues of international law. The main part concerns the question: how is international law made and applied? A highly original, systematic assessment of the formation of customary international law by Herman Meijers - now for the first time published in English - provides an answer to this question. Two other long-standing fundamental issues are examined. Firstly, the plausibility of the hypothesis that international law is complete on the basis of the existence of a so-called 'closing rule'. Secondly, a study of the principle of the genuine link in the modern law of the sea demonstrates that its livelihood is so limited that a post mortem is justified. The volume is concluded by a discussion on a paradoxical aspect of the law of treaties, namely regarding the right of the parties to terminate their agreements.
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