Trade and Development Law
Tayewo Adewumi; Joseph Aremo
Abstract
On 20th December 2023, the African Development Bank resolved to withdraw all its international members of staff from Ethiopia with immediate effect. This came as a result of the recent breach of diplomatic protocol and assault by Ethiopian security forces on two of the African Development Bank’s ...
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On 20th December 2023, the African Development Bank resolved to withdraw all its international members of staff from Ethiopia with immediate effect. This came as a result of the recent breach of diplomatic protocol and assault by Ethiopian security forces on two of the African Development Bank’s international members of staff who were unlawfully arrested, assaulted, and detained for hours without any explanation. This was considered a gross violation of their diplomatic immunities, rights, and privileges under the Agreement Establishing the African Development Bank, of which Ethiopia is a signatory. This article discusses the legal implications of the breach on the relationship between the Bank and Ethiopia. The article considers the international legal instruments on diplomatic relations and observes that there is no excuse for such behaviour. The article concludes that a proper investigation should be carried out on this issue, and those found culpable should be dealt with. Security forces are to be well-informed to respect diplomatic relations.
Trade and Development Law
Abebe Bahiru Bezabh
Abstract
Nowadays, unilateral termination of international treaties is repeatedly exercised and becomes normal and justified by states’ strict sense of protection of sovereign interest. This article aims to assess the legal standards and impacts of unilateral termination of international treaties by analyzing ...
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Nowadays, unilateral termination of international treaties is repeatedly exercised and becomes normal and justified by states’ strict sense of protection of sovereign interest. This article aims to assess the legal standards and impacts of unilateral termination of international treaties by analyzing the US unilateral termination of the Treaty on Elimination of Intermediate-Range Nuclear Force (INF treaty) signed by the US and the USSR in 1987. The finding shows that the US terminated the INF treaty in 2019 by alleging Russia violated the Treaty, and the justification considered ‘an extraordinary event that jeopardizes supreme interest’. This paper argues that the termination negated the purpose of the Treaty and had different alternatives to avoid withdrawal, but options have been overlooked. The termination endangers normative principles of flexibility, good faith, and trust in international law of treaties that can lead parties into dangerous escalation in the intensifying global arms race to provoke a nuclear war.
Trade and Development Law
Sanae Bouyayachen
Abstract
Le droit international des investissements fait face à de nouveaux défis à l’échelle internationale et plus particulièrement en Afrique. L’analyse de cette branche du Droit est désormais à la croisée de différentes autres disciplines. ...
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Le droit international des investissements fait face à de nouveaux défis à l’échelle internationale et plus particulièrement en Afrique. L’analyse de cette branche du Droit est désormais à la croisée de différentes autres disciplines. Le droit international des investissements doit donc se refondre afin de répondre à un nouvel ordre économique international. L'Afrique se positionne dans cette optique et tente de rééquilibrer la donne sur le continent qui a été lésé par la rédaction des traités bilatéraux d'anciennes générations qui n'incluent pas les prérogatives de l'Etat hôte en matière de protection de l'environnement et des Droits de l'Homme. Notre étude va tenter de démontrer les aspects cohérents et incohérents de l’approche africaine du Droit international des investissements en appréhendant à la fois l'élément procédural et l'élément matériel et en mettant en avant la jonction de ce Droit avec les nouvelles dynamiques continentales et l'intégration régionale du continent.
Trade and Development Law
Hamid Gharavi
Abstract
When Britain announced in 1968 its withdrawal from the Persian Gulf, Iran reiterated its historical claim to sovereignty over the territory of Bahrain. This article contains the first ever analyses of thousand pages of declassified secret UK archives from 1968-71 and how the UK, the Shah of Iran and ...
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When Britain announced in 1968 its withdrawal from the Persian Gulf, Iran reiterated its historical claim to sovereignty over the territory of Bahrain. This article contains the first ever analyses of thousand pages of declassified secret UK archives from 1968-71 and how the UK, the Shah of Iran and the local Sunni governance of Bahrain agreed on a staged procedure and outcome, under the auspices of the UN Secretary General: This was for the Shah of Iran to save face and to persuade via this undue scheme the Parliament of Iran and the UN Security Council to give its consent to the renunciation of Iran’s claims and to Bahrain’s independence under the Sunni as opposed to Shia governance. The matter may lead to Iranian claims before UN and ICJ, as the Maurius has successfully done during last year over the Chagos Archipelago, or during ongoing negotiations with Gulf powers.
Trade and Development Law
Yasmin Salama
Abstract
Over the past decades, transnational corporations have come under increasing public scrutiny for their involvement in human rights abuses, particularly in developing countries. One may think of violent acts against local communities, slave labor, and grand-scale environmental pollution. International ...
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Over the past decades, transnational corporations have come under increasing public scrutiny for their involvement in human rights abuses, particularly in developing countries. One may think of violent acts against local communities, slave labor, and grand-scale environmental pollution. International investment law protects and safeguards the rights of foreign investors but falls short of holding them accountable to societies where they operate. A few arbitral tribunals have grappled with the question of whether corporations could be held accountable for illegalities that constitute human rights violations inflicted upon the host state and its people. Arbitral case law suggests that the outcome of the case as to whether host states ought to be compensated for such violations varies based on how the illegal conduct is framed and the source of the liability-creating rules alleged to have been breached. This article discusses the arbitral treatment of corporate human rights violations by investment tribunals (Incomplete)..
Trade and Development Law
German Morales Farah; Julie Ward
Abstract
The World Trade Organization (WTO) is facing a legitimacy crisis due to changing power configurations in global politics and rapid economic integration. Dissatisfied with slow progress and outmoded trading rules, the United States (US) has systematically blocked appointments to the Appellate Body of ...
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The World Trade Organization (WTO) is facing a legitimacy crisis due to changing power configurations in global politics and rapid economic integration. Dissatisfied with slow progress and outmoded trading rules, the United States (US) has systematically blocked appointments to the Appellate Body of the WTO dispute settlement system, thereby rendering it inoperable. As a middle power, Canada benefits from the rules-based multilateral order but, as a country dependent on larger players, Canada yields limited influence when it comes to international institutional change. Canada should make the effort to re-engage the US by seeking to appease recent anxieties and show a willingness to take on the task of reimagining a more modern and functional WTO. This paper considers some factors causing the current crisis (including the criticisms of the WTO Dispute Settlement System) and suggests a role Canada can and should take in defence of our ailing system of multilateral trade.
Trade and Development Law
Sreenivasulu N S
Abstract
The book attempts to present the law relating to biotechnology regulation at international, regional and national levels. The various legal issues pertinent to biotechnology including but not limited to policy issues, intellectual property issues, trade related aspects of biotechnology, environmental ...
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The book attempts to present the law relating to biotechnology regulation at international, regional and national levels. The various legal issues pertinent to biotechnology including but not limited to policy issues, intellectual property issues, trade related aspects of biotechnology, environmental concerns of biotechnology, biodiversity matters of biotechnology, human rights concerns in biotechnology have been debated with the help of various international documents and judicial decisions made by the international legal institutions and as well judicial bodies in the select regions such as USA, UK, Europe and India. At the out set the book attempts to present and analyze the law relating to biotechnology in a lucid way while analyzing the historical, colonial, 20th century and as well contemporary developments in this regard. At the moment there is no book which is similar to the current one analyzing most of the touching issues of law and policy on biotechnology.
