Ethiopian Yearbook of International Law 2018

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.

Focuses on important accomplishments and challenges in Ethiopia, the Horn and the continent of Africa that demonstrate the region's commitment to international law at a time when the latter is under siege even by its traditional guardians Covers fundamental principles of international law, including those dealing with the peaceful settlement of international disputes Brings new voices to, and enriches, the international law discourse with cutting-edge expertise from Africa, Europe, North America and Asia

Auteur
Prof. Dr. Zeray Yihdego, Aberdeen University Law School

Prof. Dr. Melaku Geboye Desta, Leicester De Montfort Law School

Asst. Prof. Martha Belete Hailu, Addis Ababa University

Contenu

Part I : Introduction.- In Pursuit of Peace and Prosperity through International Law.- Part II : Articles.- Ten Years on: A Look at the Legacy of the Eritrea-Ethiopia Claims Commission.- Disputed Territories and the Law on the Use of Force: Lessons from the Eritrea-Ethiopia Case.- Patenting Developing Countries' Traditional Knowledge As New Invention: An Examination of the Teff Processing Patent Claim by a Dutch Company and the Way Forward.- International Water Cooperation in Europe: Lessons for the Nile Basin Countries?.- Production Sharing Agreements in Africa: Sovereignty and Relationality.- Contract-Farming in Cocoa Value Chains in Africa: Possibilities and Challenges.- Africa Post-Brexit in EU Development Cooperation Policy and UK Trade Policy: Investing in New Relationships?.- The Obligation of Due Diligence and Cyber-Attacks: Bridging the Gap Between Universal and Differential Approaches for States.- Part III : Book Review.- L. Chenwi and T. SobokaBulta (eds.): Extraterritorial Human Rights Obligations from an African Perspective.- James Nyawo: Selective Enforcement and International Criminal Law: The International Criminal Court and Africa.- Part IV: UN and Other Bilateral Documents.- Peace Agreements Between Ethiopia and Eritrea: Ending Two Decades of HostilitiesAn Introductory Note.- Commentary: UN Security Council Resolution 2444 (2018) and the Lifting of Sanctions Against Eritrea: A Commentary on Domestic and Regional Perspectives.