Ethiopian Yearbook of International Law 2016

1. Front Matter

   Pages i-vi

   PDF

2. Introduction

   1. Front Matter

      Pages 1-1

      PDF

   2. Towards Rebalancing the Narrative of International Law

      • Zeray Yihdego, Melaku Geboye Desta, Fikremarkos Merso

      Pages 3-7

3. Articles

   1. Front Matter

      Pages 9-9

      PDF

   2. The South West Africa Cases: 50 Years Later

      • Makane Moïse Mbengue, Najib Messihi

      Pages 11-33

   3. Decolonisation as the Source of the Concepts of Jus Cogens and Obligations Erga Omnes

      • Jean Allain

      Pages 35-59

   4. The Place of International Law in the Ethiopian Legal System

      • Getachew A. Woldemariam

      Pages 61-93

   5. Ethiopia’s WTO Accession at the Crossroads

      • Derk Bienen

      Pages 95-116

   6. Competition for Natural Resources and International Investment Law: Analysis from the Perspective of Africa

      • Melaku Geboye Desta

      Pages 117-149

   7. The Global Goals: Formalism Foregone, Contested Legality and “Re-imaginings” of International Law

      • Duncan French

      Pages 151-178

   8. Developing Countries Under the International Climate Change Regime: How Does the Paris Agreement Change Their Position?

      • Olivia Woolley

      Pages 179-200

4. Current Development

   1. Front Matter

      Pages 201-201

      PDF

   2. The Declaration of Principles on the Grand Ethiopian Renaissance Dam: An Analytical Overview

      • Salman M. A. Salman

      Pages 203-221

   3. The South Sudan Crisis: Legal Implications and Responses of the International Community

      • Jasmin Hansohm, Zeray Yihdego

      Pages 223-238

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 emphasison 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.

• Public international law
• Ethiopia
• The Horn of Africa
• Sustainable development law
• Foreign direct investment law
• Dispute settlement
• International watercourses law

• School of Law, University of Aberdeen, Aberdeen, United Kingdom

  Zeray Yihdego

• Faculty of Business, De Montfort University, Leicester, United Kingdom

  Melaku Geboye Desta

• College of Law and Governance Studies, Addis Ababa University, Addis Ababa, Ethiopia

  Fikremarkos Merso

Policies and ethics