Ethiopian Yearbook of International Law 2019 : Towards a Global Order Based on Principles of Fairness, Solidarity, and Humanity

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. Contents Part I: Introduction Towards a Global Order Based on Principles of Fairness, Solidarity, and Humanity Part II: Articles Rules-Based International Cooperation During a Global Pandemic: The COVID-19 Crisis and Trade Law Lessons for Africa 1 Introduction 1.1 The COVID-19 Crisis and Its Trade-Related Implications 2 International Law: A Helpless Bystander? 3 The GATT/WTO System 4 Preparing for the Next Pandemic: Is COVID-19 What It Takes for Africa to Take Industrialisation and RandD Seriously? 5 COVID-19 Lessons for the AfCFTA 6 Conclusion References Africa, COVID-19, and International Law: From Hegemonic Priority to the Geopolitical Periphery? 1 Introduction 2 Africa, Global Health, and International Law in the Hegemonic System 2.1 Global Health and the Hegemonic System in the Post-Cold War Period 2.2 Africa as a Global Health Priority in the Hegemonic System 2.3 The Tale of Two Ebola Outbreaks 2.3.1 Ebola in West Africa 2.3.2 Ebola in the Democratic Republic of the Congo 3 The COVID-19 Pandemic: Global Health, Africa, and International Law in a Balance-of-Power System 3.1 The Geopolitical Features of the COVID-19 Pandemic 3.2 From Priority to Periphery: The Return of Geopolitics, Global Health, and Africa 3.3 At the Geopolitical Periphery: International Law, Global Health, and Africa 4 Conclusion References The Right to Cross-Border Identity of Individuals with Eritrean and Ethiopian Ancestry: International and Comparative Law Pers... 1 Introduction 2 Theoretical and Methodological Considerations 3 The Overall Political Situation in Eritrea and Ethiopia 4 International and Comparative Perspectives to Nationality Law 4.1 Nationality Under International Law 4.2 Comparative Law Perspective on Dual Nationality 5 Contextualising the Nationality Laws of Eritrea and Ethiopia 5.1 The Ethiopian Approach to Nationality 5.2 The Eritrean Approach to Nationality 6 Concluding Remarks and the Way Forward References Decisions by National, Regional, and International Tribunals, and Arbitral Commissions Ethiopia and Eritrea: A New Relationship Based Upon Treaty Obligations, International Law, and Mutual Trust 1 Introduction 2 A New Initiative for Friendly Relations: Joint Declaration and Agreement on Peace, Friendship, and Comprehensive Cooperation... 2.1 The Principal Obligations Undertaken 2.2 Object and Purpose 2.3 Priorities 2.4 Major Challenges 2.4.1 Accountability 2.4.2 Boundary Location 3 Accountability Issues 3.1 Context for Accountability 3.2 Accountability for Damages Related to the Conflict 3.2.1 Violation of Jus ad Bellum: A Peremptory Norm of International Law 3.2.2 Jus in Bello Violations 4 Boundary Delimitation and Demarcation 4.1 Delimitation and Demarcation Process 4.2 Challenging Task 4.3 Complex Ethnicities and History of Boundary Communities 4.4 The Delimitation Decision: Not Final; Deferrals to Secure More Information; Errors of Fact 4.5 Ethiopia Provides Extensive Information to the Commission Regarding Problems with the Delimitation Decision Needing Attent... 4.6 General International Law and Practice Applicable to the Boundary Delimitation and Demarcation 4.7 The Demarcation Proceedings, 2002-2006 4.8 Eritrea Threatens Use of Force; Challenges Peacekeeping Force 4.9 2004-2007: Demarcation Deadlock; International Mediation; Eritrean Army Enters TSZ and Blocks UNMEE 4.10 Boundary Commission ́s Eccentric Decision 4.11 The Parties ́ Positions Regarding the Demarcation Phase 4.12 Concluding Observations 5 Moving Forward: Do Not Repeat Mistakes of the Past; Make Use of Best Practices Developed in Other African Boundary Contexts 5.1 The Need for Fresh Beginning on Wider Opportunities 5.1.1 Good Faith Interpretation of Treaty Obligations 5.1.2 Implementing the 2018 Agreements; High-Level Joint Committee 5.1.3 Practical Economic, Trade, Investment, Cultural, Transport, Communication, and Social Cooperation Measures 5.1.4 Joint Investment Projects; Joint Special Economic Zones 5.2 A Judicious Approach to Boundary Delimitation and Demarcation 5.2.1 Boundary Management, Delimitation, and Demarcation 5.2.2 The Hazards of Boundary Adjustment 5.2.3 Problems Specific to the Eritrea-Ethiopia Boundary 5.2.4 The Bakassi Dispute as Cautionary Example 5.2.5 The Necessity of Lesson Learning and Adjustments 6 Concluding Remarks References The 2000 Algiers Agreement and the 2018 Asmara/Jeddah Peace Agreements Between Eritrea and Ethiopia: Continuity or a New Begin... 1 Background to the Conflict 2 The Algiers Agreement 2.1 The Investigating Body 2.2 The Border Commission 2.3 The Claims Commission 2.4 Into the Years of Impasse and Mutual Attrition 3 Consequences of the Non-Implementation of the Algiers Agreement Under International Law 4 The Rapprochement and the Unimplemented Algiers Agreement 4.1 The Unfolding of the Rapprochement 4.2 The Asmara and Jeddah Peace Agreements 4.3 The Algiers Agreement vis-à-vis the Asmara-Jeddah Agreements 5 Conclusions and Recommendations References A Drop in the Bab el-Mandeb Strait: Djibouti Signs the ICSID Convention 1 Introduction 2 African States and the ICSID Convention 2.1 Capital Expansion and the ICSID Convention 2.2 Discontent and Backlash 3 Legal Implications of Djibouti ́s `Accession ́: Consent as the Cornerstone of the ICSID Convention 3.1 Jurisdiction Under the ICSID Convention 3.2 Djibouti ́s Ratification and Consent to ICSID Jurisdiction 4 Djibouti and Settlement of Foreign Investment Disputes 5 Conclusion References Beloved Pan-Africanism: Martin Luther King ́s Stride Toward Africa, International Human Rights, and the Black International Tra... 1 Introduction 2 What Is Pan-Africanism? 3 Beloved Pan-Africanism 4 The Birth of a New Nation, DuBois, and Pan-Africanism 5 Re-Birthing Pan-Africanism 6 Conclusion References King Primary Sources Africa and the Regulation of Transnational Arms Brokering: Challenges to Implement International Standards 1 Introduction 2 Treaty Obligations That Address Arms Brokering 3 Features and Definition of Arms Brokering 4 Investigations Concerning Arms Brokering and UN Arms Embargoes 5 Criminal Prosecutions Relating to Transnational Arms Brokering 6 Conclusion Annex: Definitions and Descriptions of ``Broker ́ ́ and ``Brokering ́ ́ contained in Regional and Multilateral Instruments References Case Law Laws, Treaties and United Nations Instruments Books, Articles and Reports The Responsibility of the UN Security Council for Climate Security 1 Introduction 2 The Increasing Attention Paid to Climate Security by the UN Security Council 2.1 Rhetorical Lines of Resistance 2.1.1 Climate Change Is Not Really/Primarily a Security Issue 2.1.2 This Is Not an Appropriate Role for the Council 2.1.3 `Trojan Horse ́ Concern 3 Why Has the Council Moved as Rapidly as It Has? 3.1 Growing Awareness of Climate Security Risks 3.2 Mounting Evidence of the Inadequacy of the Paris Agreement 4 Growing Calls for the Council to Accept a Responsibility in Respect of Climate Insecurity 4.1 The Construction of `Responsibility ́ in the UNFCCC Regime 4.2 Recent Focus on `Responsibility ́ in Council Debate on Climate Change 5 Defining and Meeting the Council ́s Climate Security Responsibilities 6 What Might Prompt the Council to Adopt a Chapter VII Resolution in Respect of Climate Change? 7 Conclusions References Part III: Book Review Philippe Cullet and Sujith Koonan (eds.): Research Handbook on Law, Environment, and the Global South Part IV: Commentary Commentary 1 Introduction 2 The Role of the United States: Mediation or Meddling? 2.1 The Two Joint Statements of January 2020 2.2 The Unilateral Statement from the USA, February 2020 3 Attempts to Involve the UN Security Council in the GERD Negotiations: Some Reflections 3.1 The Major Claims, Counter-Claims and Requests of Egypt, Ethiopia and Sudan 3.1.1 Is the GERD a Subject of International Peace and Security? 3.1.2 Legality of Unilateral Reservoir Filling and Significant Harm 3.1.3 Compliance with International Law and Cooperation 4 Conclusion Documents Egyptian Communication Enclosure A. The International Panel of Experts (IPoE) B. The Malabo Statement and the Tripartite National Committee (TNC) C. The 2015 Agreement on Declaration of Principles (DoP) D. The TNC, the Nine-Party Mechanism, and the Studies Recommended by the IPoE E. The National Independent Scientific Research Group (NISRG) F. Mediation Efforts by the United States of America and the World Bank Group Ethiopian Communication Enclosure I. The Grand Ethiopian Renaissance Dam Project (A) Initial Filling of the GERD (B) First Stage Filling of the GERD II. Ethiopia ́s Water Demand and Resource III. Trilateral Consultations on the GERD (A) The International Panel of Experts (B) The Tripartite National Committee (C) The National Independent Scientific Research Group (D) Involvement of Observers in the Negotiations IV. Ethiopia Continues to Uphold Multilateralism V. The Overarching Impediments VI. Agreement on the Nile River Basin Cooperative Framework VII. Conclusion Sudan ́s Communication Enclosure I. Background II. Potential Impacts of the GERD on Sudan III. International Law Principles Governing the GERD Issues IV. Sudan ́s Position Throughout the Negotiations Process V. Sudan ́s Views and Efforts on Finding Solutions VI. Conclusions and Recommendations References