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2018 | Buch

Towards Resolving Our Development, Integration and Security Challenges Through International Law Kapitel lesen Erstes Kapitel lesen

Ethiopian Yearbook of International Law 2017

herausgegeben von: Dr. Zeray Yihdego, Prof. Dr. Melaku Geboye Desta, Martha Belete Hailu, Prof. Dr. Fikremarkos Merso

Verlag: Springer International Publishing

Buchreihe : Ethiopian Yearbook of International Law

Enthalten in: Springer Professional "Wirtschaft+Technik" , Springer Professional "Wirtschaft"

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Über dieses Buch

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.

Inhaltsverzeichnis

Frontmatter

Introduction

Frontmatter
Towards Resolving Our Development, Integration and Security Challenges Through International Law
Abstract
As editors of the Ethiopian Yearbook of International Law (EtYIL), we are pleased to offer to our readers the 2017 issue of the Yearbook—the second in our series.
Zeray Yihdego, Melaku Geboye Desta, Fikremarkos Merso, Martha Belete Hailu

Articles

Frontmatter
The Law and Policy of Foreign Investment Promotion and Protection in Ethiopia: An Appraisal of Theories, Practices and Challenges
Abstract
This article explores selected and topical features of Ethiopian foreign direct investment (FDI) law and practice in light of the laissez-faire (or liberal) and statist approaches to promoting and governing inward foreign investment. It particularly focuses on entry and operational requirements, including the extent to which some economic sectors are restricted to foreign investors, the rules of local content with emphasis on local employment, protection offered to investors and their investment, the aggressive state intervention in facilitating and attracting FDI and some of the challenges affecting FDI such as the controversial large-scale land deals between the government and foreign investors. By applying general doctrines and approaches of FDI law, it argues that the Ethiopian FDI legal framework is consistent with the trends and foundational standards of international investment law (IIL); it further finds that Ethiopian FDI law and practice are predominantly statist. While this approach to FDI can be acclaimed for attracting foreign investment and helping economic growth in developing countries like Ethiopia, lack of transparency, accountability and lack of strict adherence to local content rules and policies raise concerns. Addressing the various governance and other interpretive and technical challenges would be vital to building a healthy, sustainable and fair (foreign) investment regime to those who invest, to communities and to the country at large.
Martha Belete Hailu, Zeray Yihdego
Comparative Perspective on Exhaustible Resource Development in Ethiopia: Lessons from the Norwegian Legal Framework and Experience
Abstract
This paper analyses the Ethiopian Petroleum Operations Proclamation (the Proclamation) and other relevant laws and regulations to determine whether the current structure and function of the law support Ethiopia’s goals of sustainably developing the petroleum resources for the benefit of the Ethiopian people, which is set out in the preamble to the principal Proclamation. This analysis is undertaken by looking at the form and substance of the Proclamation, as well as its interaction with other Ethiopian proclamations, to determine if they support the goal of the law. Further analysis is also undertaken by considering the Proclamation against the Norwegian (and other) legal framework, which has successfully encouraged the optimal extraction of petroleum for sustainable development for over 40 years. Upon analysis of the Proclamation, this paper finds that although some elements of the Proclamation do support sustainable development, there are several functions, such as field development planning and depletion policy, that should be addressed in order to sustainably develop Ethiopia’s petroleum resources for the benefit of the Ethiopian people.
Tina Hunter
The GERD and the Revival of the Egyptian–Sudanese Dispute over the Nile Waters
Abstract
The Tripartite National Committee (TNC), established by Egypt, Ethiopia, and Sudan on the Grand Ethiopian Renaissance Dam (GERD), abruptly ended its seventeenth meeting in Cairo on November 12, 2017. The meeting was intended to discuss the inception report prepared by two French firms, BRLi and Artelia, on two studies on the GERD. These studies have been under discussion and planning since 2013, and hitherto major differences over them arose among the three countries. The TNC meeting failed to agree on the inception report, with Sudan and Ethiopia on one side and Egypt on the other. Neither a joint statement, nor an agreement on a date for the next TNC meeting, was issued. More importantly, the meeting revealed the growing rift between Egypt and Sudan on the GERD and the studies, revived their century-old dispute on the entire Nile water relations, and confirmed the widening crack in their long-time alliance against the other Nile riparian countries. This article aims to explore the historical and current (The developments considered in this article are up-to-date as of 23 January, 2018.) legal contradictory claims by Egypt and Sudan over the Nile waters in light of the GERD negotiations and the two studies and offers some thoughts for the future relations of the Nile Basin countries.
Salman M. A. Salman
The Challenge of Overlapping Regional Economic Communities in Africa: Lessons for the Continental Free Trade Area from the Failures of the Tripartite Free Trade Area
Abstract
The Tripartite Free Trade Area (TFTA) was launched with several objectives, an important one being to address the challenge of too many regional economic communities (RECs) with too many overlapping memberships in the eastern half of the continent. This article attempts to describe the genesis of the problem in the continent since the Abuja Treaty of 1991, articulates how the inability to address the relationship between the TFTA and its preexisting RECs derailed the TFTA project, and makes detailed recommendations on how to avoid the same mistakes in the CFTA negotiations. The key message of this article is very simple: TFTA’s fate was sealed when the negotiators abandoned the original objective of forming a customs union by merging the constituent RECs into one. To succeed, the Continental Free Trade Area (CFTA) will need to avoid that mistake, aim to become a continental customs union and eventually a common market, and ensure the progressive merger of all RECs into one through a detailed program of integration over a realistic implementation period.
Melaku Geboye Desta, Guillaume Gérout
Like Fish in a Stream? Considering the Agency of the UN Peacekeepers of the Global South: Rwanda and India as Case Studies
Abstract
‘Blue Helmet’ peacekeeping operations have come to characterise the UN’s response to armed conflict. These operations have evolved from the ‘simple’ monitoring of ceasefires into complex ‘peacebuilding’ projects and interventionist ‘peace enforcement’ actions and employ considerable forces of peacekeepers, contributed by member states. The composition of these forces has also transformed over the period as the previously predominant troops from the developed Northern states have given way to the peacekeepers of the Global South. Peacekeeping scholarship is sharply divided between those who regard this sea change as indicative of a rising Global South and those who perceive its soldiers as exploited substitutes for the developed world, finessed into the role via a West-oriented UN. This paper asks if the current composition of troop-contributing countries to UN Blue Helmet peacekeeping operations reflects the changing identities, interests and ambitions of the Global South or just the continuing hegemony of the developed world. Do the Southern states have agency in respect of their participation, or are they merely ‘fish in a stream’, obliged by persistent hegemonic currents to conform to the agendas of the North? Using a case study of India and Rwanda, the article argues that Northern hegemony does still find expression in UN peacekeeping operations but is straining to contain the more assertive Southern states, which participate, largely, for their own carefully considered, often very disparate, reasons.
Philip Roberts

Current Development

Frontmatter
The Kenya/Somalia Maritime Boundary Delimitation Dispute
Abstract
Somalia and Kenya have a land boundary in East Africa but have been unable to agree on where their maritime boundary should lie in the Indian Ocean. This dispute, which began years ago, is currently before the ICJ for resolution. This paper considers the current developments in this maritime boundary dispute discussing the prospects of the case whilst situating this within the broader context of delimitation practice in Africa.
Fayokemi Olorundami
The ICC and Africa: Should the Latter Remain Engaged?
Abstract
The International Criminal Court (the ‘ICC’ or ‘the Court’ hereafter) and Africa have had a tumultuous relationship since the creation of the Court. Although there has never been unanimous support for the Court in Africa, African states were key to the development of the Court and engaged closely with it since its early years. Since 2005, however, there has been a growing discontent with the Court and deterioration in the relationship between the Court and the African Union. Despite this, a number of African states remain committed to the ICC. In 2017, the withdrawal notifications of South Africa and Gambia were retracted, whilst the ‘mass withdrawal strategy’ is in reality a list of proposed changes to the Court’s mandate, as this piece will show. For the relationship between Africa and the ICC to continue to evolve, there needs to be more effective discourse between African states and the ICC. In the long term, it is necessary for African states to strengthen their national judiciaries; there is also an option of expanding the jurisdiction of the African Court of Justice and Human Rights to international crimes. However, the best way forward is to continue to engage with the ICC.
Makane Moïse Mbengue, Kirsten McClellan

Case Report

Frontmatter
Case Note on PetroTrans Company Ltd. v. Ministry of Mines of the Federal Democratic Republic of Ethiopia
Abstract
In January 2016, an international arbitral tribunal seated in Switzerland and comprised of three members from Switzerland, France, and the United States rendered its final award in the case of PetroTrans Company Ltd. v. Ministry of Mines of the Federal Democratic Republic of Ethiopia. PetroTrans commenced the arbitration in late 2012 under the auspices of the International Chamber of Commerce (ICC) after the Ministry terminated five petroleum production sharing agreements (PSAs) that had been awarded in 2011 to explore and develop petroleum resources in southeastern Ethiopia. PetroTrans accepted several time-sensitive obligations under the PSAs, including an obligation to provide or arrange a loan for the Ethiopian government to be repaid from the government’s share of proceeds under the PSAs. After PetroTrans failed to obtain the loan and to fulfill other obligations, the Ministry terminated all five PSAs.
Thomas R. Snider, Jackson Shaw Kern

Book Review

Frontmatter
Zeray Yihdego, Alistair Rieu-Clarke and Ana Elisa Cascão (eds.): The Grand Ethiopian Renaissance Dam and the Nile Basin—Implications for Transboundary Water Cooperation
Earthscan Studies in Water Resource Management, Routledge 2018, 226 Pages
Abstract
It was in June 2013 when the wider international public became fully aware of the dramatic changes currently transforming the hydropolitics of the Nile: a high-level meeting of Egyptian politicians, chaired by then President Mohammed Mursi, discussing strategies to prevent Ethiopia from building a major dam upstream on the Blue Nile.
Götz Reichert
Won L. Kidane: The Culture of International Arbitration
Oxford University Press 2017, 336 Pages
Abstract
Besides the issue of arbitrators’ appointment rules, not much has been written about the topic of diversity in international arbitration and “the scholarly discourses have largely downplayed the possibility that this deficit may impact arbitration outcomes.” Going against the current of conventional thinking, Kidane’s book entitled The Culture of International Arbitration remedies this reality by questioning the “establishment” or epistemic community of international arbitration.
Makane Moïse Mbengue, Elise Ruggeri Abonnat

UN Document with Commentary

Frontmatter
UN Security Council Resolution 2378 (2017) and the Progressive Peacekeeping Agenda: A Commentary
Abstract
UN Security Council Resolution 2378, which was unanimously adopted on September 20, 2017, is a notable resolution, bringing together, while attempting to drive forward, various ideas and reform proposals that have emerged in recent years in connection with United Nations peacekeeping operations. The fact that it was proposed by Ethiopia, deliberated in Addis Ababa, and adopted during Ethiopia’s presidency of the Security Council are testaments to the central role that this state has played, and continues to play, in UN peacekeeping, perhaps most notably through its position as the leading troop-contributing country to such operations. In this respect, it is notable that the resolution “[u]nderscor[es] the importance of peacekeeping as the most effective tools [sic] available to the United Nations in the promotion and maintenance of international peace and security” while also “[r]eaffirming [the Security Council’s] resolve to strengthen the central role of the United Nations in peacekeeping and to ensure the effective functioning of the collective security system established by the Charter of the United Nations.”
Christian Henderson
Metadaten
Titel
Ethiopian Yearbook of International Law 2017
herausgegeben von
Dr. Zeray Yihdego
Prof. Dr. Melaku Geboye Desta
Martha Belete Hailu
Prof. Dr. Fikremarkos Merso
Copyright-Jahr
2018
Electronic ISBN
978-3-319-90887-8
Print ISBN
978-3-319-90886-1
DOI
https://doi.org/10.1007/978-3-319-90887-8

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