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EtYIL 2018 comes at a time when multilateralism and its
underpinning norms of international law and institutions are under
siege. At the same time, in 2018, Africa stood out for upholding
multilateralism and international law. From the adoption of the
Agreement establishing the African Continental Free Trade Area to
the signing of peace agreements that brought to an end two decades
of hostilities between Eritrea and Ethiopia, 2018 was indeed a
remarkable year for international law in Africa. EtYIL 2018 covers
some of these issues, including the Eritrea-Ethiopia Claims
Commission decisions on jus ad bellum, jus in bello, evidentiary
and procedural matters and the role of arbitration in upholding the
international rule of law. Such new developments as the lifting of
UN sanctions against Eritrea and the agreements signed between
Eritrea and Ethiopia are also covered in this volume. The volume
further devotes considerable attention to other legal issues
including: the use and misuse of European patent law to the
detriment of developing countries' interests, sharing transboundary
resources, production sharing agreements on extractives , evolving
rules governing economic relations between Africa and the European
Union in the context of Brexit, contract-farming in the African
cocoa and chocolate industry, the International Criminal Court and
human rights law, and cyber-attacks and the role of international
law in tackling them. These chapters, authored by experts from
Africa, Asia, Europe and North America not only bring new and
diverse voices to the international law discourse; they also
contribute to EtYIL's overarching goal of contributing to the
effort to rebalance the narrative of international law.
The second volume of EtYIL brings together a number of articles and
other contributions that, collectively, take EtYIL's original
mission of helping rebalance the narrative of international law
another step forward. Like the first volume, this book presents
scholarly contributions on cutting-edge issues of international law
that are of particular interest to Ethiopia and its sub-region, as
well as Africa and developing countries more generally. The major
issues tackled include the interplay between national and
international in the promotion and regulation of foreign direct
investment in Ethiopia; the regulatory framework for the
exploitation and development of petroleum resources and relevant
arbitral jurisprudence in the field; the role of international law
in ensuring the equitable sharing of transboundary resources, such
as the waters of the River Nile, or in the delimitation of the
continental shelf in the region; the efforts to establish the
Continental Free Trade Area in Africa and the lessons that can be
learnt from prior experiments; Africa's policy towards the
International Criminal Court and the feasibility of alternative
means of serving justice in the case of grave crimes; and the UN's
peace-keeping operations in their North-South context. The issues
addressed in the various contributions are mostly at the heart of
live political, diplomatic and judicial activities today, and as
such promise to shape the future of international law in the region
and beyond. This volume not only takes a significant step further
towards EtYIL's mission, but also enriches it with fresh insights
from perspectives that are not common in international law
scholarship to this day.
This first volume of EtYIL focuses on issues concerning the
developing world in general and (the Horn of) Africa - and Ethiopia
- specifically. It argues that rebalancing the international law
narrative to reflect Africa's legitimate interests is an urgent
priority, and can only succeed through the fair representation of
African countries in the creation and interpretation of
international law.The book begins by reflecting on the ICJ's West
African Cases and provides a unique perspective on decolonisation
as a source of jus cogens and obligations erga omnes. This is
followed by a comprehensive analysis of the reception of
international law in the Ethiopian legal system, and of the
potential implications of Ethiopia joining the WTO. The book then
delves into such topical issues as the relationship between
competition for natural resources and international investment law,
the UN Global Goals and the fledgling international climate change
regime, with particular emphasis on the Paris Climate Agreement and
their implications for developing countries. Further issues include
the Declaration of Principles on the Grand Ethiopian Renaissance
Dam signed by Ethiopia, Sudan and Egypt in light of Nile colonial
treaties and contemporary international watercourses law, as well
as selected legal implications of the armed conflict in South
Sudan. Gathering high-quality scholarship from diverse researchers,
and examining a constellation of critical international law issues
affecting developing countries, especially African countries, the
book offers a unique resource.
EtYIL 2019 comes out while the world is in the midst of a new
coronavirus pandemic that has infected millions and killed
thousands of people without distinction as to age, race, colour, or
creed. As an attack on all humanity, Covid-19, the disease caused
by the coronavirus, has challenged the fitness of the global order
as never before, and its institutional and normative frameworks
have been found wanting. As is often the case in such
circumstances, when the WHO is denied resources to assist those
countries or the WTO is unable to guarantee access to Covid-19
medical supplies and protective equipment, it is the poorest
nations that suffer the most. EtYIL's mission is to provide a
platform for purpose-oriented scholarly analysis and debate on
issues of particular significance for African countries such as
Covid-19, disputes over Nile water resources, and Ethiopia-Eritrea
relations. Although the pandemic came too late for this issue of
EtYIL, we have managed to include two important articles that
examine the subject from geostrategic and legal perspectives. EtYIL
2019 also addresses a number of other topical issues, including the
responsibility of the UN Security Council (UNSC) in climate-related
risks to least developed countries, the Global South's approach to
environmental protection, the challenges of international
regulation of arms brokering, and the contributions of Martin
Luther King, Jr. to Pan-Africanism and international human rights
law. Finally, the Yearbook also continues its coverage of regional
issues such as the evolving Ethiopia-Eritrea relations, Djibouti's
accession to the ICSID Convention; the trilateral negotiations
between Ethiopia, Sudan and Egypt over the Grand Ethiopian
Renaissance Dam and the U.S. meddling and the role of the UNSC on
the issue have also been covered. As before, our contributors come
from all over the world, to all of whom we extend our sincere
appreciations.
Shortlisted for the 2008 Young Authors Inner Temple Book Prize
There are believed to be about 700 million small arms and light
weapons (SALW) in the world, often contributing to highly
destabilising security and other concerns in international law.
SALW are the primary source of violations and abuses of
humanitarian and human rights principles by states, rebels,
terrorists and criminals. Many consider them the real weapons of
mass destruction of our time, causing about half a million deaths
annually. The unrestricted international transfer of SALW by states
(99 states and 1000 companies involved in manufacturing and supply)
is one of the major contributory and aggravating factors of this
crisis; another is the illicit traffic in small arms. This book
deals with the proliferation of SALW and their unregulated trade
and transfer across borders. It addresses questions of definition,
manufacturing, trade/transfer, and issues relating to state
responsibility. The primary focus is on conventional small arms, in
particular military-style weapons. The book tackles the core and
most divisive legal problem of whether or not the laws relating to
arms control and relevant norms of international law provide
substantive restrictions upon the transfer of small arms by states.
The application of the norms of international peace and security,
non-intervention, humanitarian and human rights laws, and evolved
relevant customary rules of arms control relating to these norms
are considered particularly carefully. Questions of application and
enforcement of relevant rules and institutional responses to the
problem are also examined. The UN began considering an arms trade
treaty in 2006; the publication of the book at this critical moment
in time will make a positive contribution towards shaping the
debate and aims to further enhance understanding in an area where
close analysis is required.
EtYIL 2019 comes out while the world is in the midst of a new
coronavirus pandemic that has infected millions and killed
thousands of people without distinction as to age, race, colour, or
creed. As an attack on all humanity, Covid-19, the disease caused
by the coronavirus, has challenged the fitness of the global order
as never before, and its institutional and normative frameworks
have been found wanting. As is often the case in such
circumstances, when the WHO is denied resources to assist those
countries or the WTO is unable to guarantee access to Covid-19
medical supplies and protective equipment, it is the poorest
nations that suffer the most. EtYIL's mission is to provide a
platform for purpose-oriented scholarly analysis and debate on
issues of particular significance for African countries such as
Covid-19, disputes over Nile water resources, and Ethiopia-Eritrea
relations. Although the pandemic came too late for this issue of
EtYIL, we have managed to include two important articles that
examine the subject from geostrategic and legal perspectives. EtYIL
2019 also addresses a number of other topical issues, including the
responsibility of the UN Security Council (UNSC) in climate-related
risks to least developed countries, the Global South's approach to
environmental protection, the challenges of international
regulation of arms brokering, and the contributions of Martin
Luther King, Jr. to Pan-Africanism and international human rights
law. Finally, the Yearbook also continues its coverage of regional
issues such as the evolving Ethiopia-Eritrea relations, Djibouti's
accession to the ICSID Convention; the trilateral negotiations
between Ethiopia, Sudan and Egypt over the Grand Ethiopian
Renaissance Dam and the U.S. meddling and the role of the UNSC on
the issue have also been covered. As before, our contributors come
from all over the world, to all of whom we extend our sincere
appreciations.
EtYIL 2018 comes at a time when multilateralism and its
underpinning norms of international law and institutions are under
siege. At the same time, in 2018, Africa stood out for upholding
multilateralism and international law. From the adoption of the
Agreement establishing the African Continental Free Trade Area to
the signing of peace agreements that brought to an end two decades
of hostilities between Eritrea and Ethiopia, 2018 was indeed a
remarkable year for international law in Africa. EtYIL 2018 covers
some of these issues, including the Eritrea-Ethiopia Claims
Commission decisions on jus ad bellum, jus in bello, evidentiary
and procedural matters and the role of arbitration in upholding the
international rule of law. Such new developments as the lifting of
UN sanctions against Eritrea and the agreements signed between
Eritrea and Ethiopia are also covered in this volume. The volume
further devotes considerable attention to other legal issues
including: the use and misuse of European patent law to the
detriment of developing countries' interests, sharing transboundary
resources, production sharing agreements on extractives , evolving
rules governing economic relations between Africa and the European
Union in the context of Brexit, contract-farming in the African
cocoa and chocolate industry, the International Criminal Court and
human rights law, and cyber-attacks and the role of international
law in tackling them. These chapters, authored by experts from
Africa, Asia, Europe and North America not only bring new and
diverse voices to the international law discourse; they also
contribute to EtYIL's overarching goal of contributing to the
effort to rebalance the narrative of international law.
This first volume of EtYIL focuses on issues concerning the
developing world in general and (the Horn of) Africa - and Ethiopia
- specifically. It argues that rebalancing the international law
narrative to reflect Africa's legitimate interests is an urgent
priority, and can only succeed through the fair representation of
African countries in the creation and interpretation of
international law.The book begins by reflecting on the ICJ's West
African Cases and provides a unique perspective on decolonisation
as a source of jus cogens and obligations erga omnes. This is
followed by a comprehensive analysis of the reception of
international law in the Ethiopian legal system, and of the
potential implications of Ethiopia joining the WTO. The book then
delves into such topical issues as the relationship between
competition for natural resources and international investment law,
the UN Global Goals and the fledgling international climate change
regime, with particular emphasis on the Paris Climate Agreement and
their implications for developing countries. Further issues include
the Declaration of Principles on the Grand Ethiopian Renaissance
Dam signed by Ethiopia, Sudan and Egypt in light of Nile colonial
treaties and contemporary international watercourses law, as well
as selected legal implications of the armed conflict in South
Sudan. Gathering high-quality scholarship from diverse researchers,
and examining a constellation of critical international law issues
affecting developing countries, especially African countries, the
book offers a unique resource.
The Grand Ethiopian Renaissance Dam (GERD) will not only be
Africa's largest dam, but it is also essential for future
cooperation and development in the Nile River Basin and East
African region. This book, after setting out basin-level legal and
policy successes and failures of managing and sharing Nile waters,
articulates the opportunities and challenges surrounding the GERD
through multiple disciplinary lenses. It sets out its possibilities
as a basis for a new era of cooperation, its regional and global
implications, the benefits of cooperation and coordination in dam
filling, and the need for participatory and transparent decision
making. By applying law, political science and hydrology to sharing
water resources in general and to large-scale dam building, filling
and operating in particular, it offers concrete qualitative and
quantitative options that are essential to promote cooperation and
coordination in utilising and preserving Nile waters. The book
incorporates the economic dimension and draws on recent
developments including: the signing of a legally binding contract
by Egypt, Ethiopia and Sudan to carry out an impact assessment
study; the possibility that the GERD might be partially operational
very soon, the completion of transmission lines from GERD to Addis
Ababa; and the announcement of Sudan to commence construction of
transmission lines from GERD to its main cities. The implications
of these are assessed and lessons learned for transboundary water
cooperation and conflict management.
The Grand Ethiopian Renaissance Dam (GERD) will not only be
Africa's largest dam, but it is also essential for future
cooperation and development in the Nile River Basin and East
African region. This book, after setting out basin-level legal and
policy successes and failures of managing and sharing Nile waters,
articulates the opportunities and challenges surrounding the GERD
through multiple disciplinary lenses. It sets out its possibilities
as a basis for a new era of cooperation, its regional and global
implications, the benefits of cooperation and coordination in dam
filling, and the need for participatory and transparent decision
making. By applying law, political science and hydrology to sharing
water resources in general and to large-scale dam building, filling
and operating in particular, it offers concrete qualitative and
quantitative options that are essential to promote cooperation and
coordination in utilising and preserving Nile waters. The book
incorporates the economic dimension and draws on recent
developments including: the signing of a legally binding contract
by Egypt, Ethiopia and Sudan to carry out an impact assessment
study; the possibility that the GERD might be partially operational
very soon, the completion of transmission lines from GERD to Addis
Ababa; and the announcement of Sudan to commence construction of
transmission lines from GERD to its main cities. The implications
of these are assessed and lessons learned for transboundary water
cooperation and conflict management.
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