The Ethio-Eritrea Rapprochement - a Catalyst to Hone Human Rights Profile?

The human rights profile of Ethiopia and Eritrea have been infamous. Both countries have criticised by the leading UN human rights bodies, regional and NGOs. Now, these countries are making history by torn down the wall of resentment built after bloody boarder war. Would this new chapter of rapprochement enable them to revamp their human rights profile?

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ዓለም አቀፍ ስምምነቶች በኢትዮጵያ የሕግ ሥርዓት ያላቸው ደረጃ

ስለዓለም አቀፍ ሕግ በአጭሩ

ዓለም አቀፍ ሕግ በሉዓላዊ አገሮች መካከል ያለን ግንኙነት ወይም በአገሮችና እንደተባበሩት መንግሥታት ያሉ ዓለም አቀፍ ድርጅቶች መካከል ያለን ግንኙነት የሚገዛ የሁሉ አቀፍ ደንቦች እና መርሆዎች ሥርዓት ነው። በሌላ አነጋገር «International law is the universal system of rules and principles concerning the relations between sovereign States, and relations between States and international organizations such as the United Nations» የሚል ትርጉም ተሰጥቶት እናገኘዋለን። ቀደም ባሉት ጊዜያት በዓለም አቀፍ ሕግ እና በየሐገሩ በሚገኙ ዜጎች፣ ሉአላዊ ባለሆኑ አካላት (Transnational Corporations) እና መንግሥታዊ ባለሆኑ ዓለም አቀፍ ድርጅቶች (International Non-Governmental Organization) ቀጥተኛ ግንኙነት ያለነበረ ቢሆንም አሁን አሁን ግን ይህ የታሰበው ቀጥተኛ ግንኙነት በስፋት እየታየ መሆኑን ዓለም አቀፍ ምሁራንን እያስማማ ነው።

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Have you heard about the Budapest Memorandum? It’s Totally Worthless

Speaking of the current Russia-Ukraine crisis, here is an interesting but less visible international legal dimension to the story.

Ukraine used to be part of the Soviet Union, during which time it had possessed huge stockpile of nuclear weapons arsenal – actually the third largest stockpile in the world at the time. Russia would not have ventured into Crimea today had Ukraine maintained possession of those nuclear weapons. What happened in 1994 was dramatic, and a bit embarrassing for Ukraine.

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ጠላፊው vs አጋቹ - ኢትዮጵያ vs ስዊዘርላንድ

ዛሬ በጠዋቱ ዜናው በሙሉ ከአዲስ አበባ ወደ ሮም ሲጓዝ የነበረን 202 ሰዎችን ያሳፈረ የኢትዮጵያ አውሮፕላን 'መጠለፍ' ጉዳይ ነበር፡፡ የኢትዮጵያ ኮሙንኬሽን ጉዳዮች ሚኒስትር ‹ጠላፊው ካርቱም ላይ የተሳፈረ ሰው ይመስላል› ቢሉም በመጨረሻ አውሮፕላኑ ካርቱም ላይ ከነጭራሹ እንዳላረፈና ጠላፊውም ረዳት ፓይለቱ እንደሆነ ተረጋግጧል፡፡ ረዳት ፓይለቱ ለምን ይሄን ተግባር እንደፈፀመ ሲጠየቅም ኢትዮጵያ ውስጥ መኖር ስጋት ላይ እንደጣለው በመግለፅ፤ ሲዊዘርላንድ ጥገኝነት እንድትሰጠው ጠይቋል፡፡

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The Application of other public international laws in WTO dispute settlement

While WTO laws are international treaties and hence part of international law, they were not as such regarded as they are found in that corpus. As a result, the role of other public international law within the WTO dispute settlement is not yet clear.  In that whether, the dispute settlement body of the WTO in deciding cases would consult the rules and principles of other public international laws is not well articulated. The paper will examine the applicability of other international laws in the WTO dispute settlement based on the WTO frame work and jurisprudence of international law. Finally, I argue that other international laws can be applied in the settlement of disputes under the WTO in case where they are relevant and proper for the theme.

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Status and Application of Juvenile Related International Frameworks in Ethiopia

The applicability of international frameworks, in general, depends initially on the status a given country gives to international instruments in its legal system. Its commitment begins with the clear statement it makes regarding the status and application of those ratified instruments. This is why usually States determine in their domestic legislations status related issues such as incorporation, hierarchy, implementation mechanisms, implementing institutions, etc of international instruments. This topic briefly discusses the status and applicability of juvenile justice related international instruments, particularly the ACRWC and the CRC, in Ethiopia.

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Active Participation of Children in Hostilities

Although there is no particular armed conflict or civil unrest in Ethiopia, it’s becoming common to see persons under 15 carrying a gun in different parts of the country. Although these pictures has been looked as fun by so many people, it becomes more serious when the children carrying the gun used some flags and have some connection with organized groups and parties in the country. Based on this assessment, there is a worry that in any case of an armed struggle or any hostilities there would be some kind of resentment to use those children under the age of 15 to actively participate in situations of conflicts. Thus, the following short legal analysis is made to inform any concerned party about the legal ramification of their activity in using children under the age of 15 to execute their military or any hostility related missions.

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Legal Orientalism

I will try to make this short essay as perceptive as possible and I will try to avoid legal jargon. Legal jargon is thought to make a writer’s essay water-tight, however, I think this is a misperception, and such language should only be used when it is necessary to describe something accurately- with the right context, meaning and empirical reference. I do this because I do not want my reader to feel alienated by merely looking at the title. I think it is better to address the question: why am I tempted to write about ‘Legal Orientalism’?

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Would ‘reception’ look different in Ethiopia if we considered international law a custom rather than a treaty?

Until this day, no scholarly research has squarely dealt with the process of reception of international law into Ethiopia’s domestic legal system and its status and relationship with domestic laws. Some works have addressed the position of international human rights treaties in the Ethiopian legal order. However, the vexing issues that need clarification are: the process of reception of treaties and non-treaty sources of international law into the Ethiopian legal system; whether there are requirements to be met for the direct application of ratified treaties by Ethiopian courts and other state organs; the hierarchical relations between international law applicable to Ethiopia and its national laws; and the division of treaty-making power within the country’s federal legal system.

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