Indigenous Statehood and International Law in Ethiopia and Eritrea
| Autor: | Christopher Clapham |
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| Rok vydání: | 2021 |
| Předmět: | |
| Zdroj: | The 1998–2000 Eritrea-Ethiopia War and Its Aftermath in International Legal Perspective ISBN: 9789462654389 The 1998–2000 War between Eritrea and Ethiopia ISBN: 9789067042918 |
| DOI: | 10.1007/978-94-6265-439-6_9 |
| Popis: | Attempts to resolve the Eritrea-Ethiopia conflict raise important issues for the application of international law to States very different from those by (and for) which it was originally devised. Eritrea and Ethiopia share both an intense commitment to territory and a historically rooted view of international law as an instrument used by strong States against weak ones. They have little if any respect for the idea of a rule-governed global order, and a negligible commitment to the implementation of legal provisions that run counter to their own interests. At the core of the conflict lay a divergence between an Eritrean concept of territoriality derived from Italian colonialism that rested on texts, and an Ethiopian one that rested on effective occupation, in which a text-based approach to international law inherently favoured Eritrea, whereas control on the ground rested with Ethiopia. Ultimately, this divergence could only be resolved by political rather than legal means. |
| Databáze: | OpenAIRE |
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