Papers by Senedu T . Dessalegn
This thesis examines the feasibility and validity of the UN Security Council considering GERD in ... more This thesis examines the feasibility and validity of the UN Security Council considering GERD in order to settle interstate issues affecting international water, as the Council has never done so. A framework for identifying what makes up international law is provided by the critical international law studies approach. The thesis contends that the Council's jurisdiction operates inconsistently in dispute settlement with unclear results because of the lack of agreement in international law and the Council's extensive authority under Chapter VI.
Although it has been established that international organizations (IOs) have a good reason to int... more Although it has been established that international organizations (IOs) have a good reason to interact diplomatically with states and other international players, the role of international courts in such matters is unclear and not systematically looked into. The paper examines actions taken by the African Court on Human and Peoples' Rights that, in terms of their nature, could be described as diplomatic. It does this by looking at treaties, subsidiary laws, judicial decisions, expert opinions, and other pertinent sources for analysis. The paper makes the case that the 'African Court' is impelled to participate in interactions that are clearly more diplomatic than jurisprudential, either because of enabling provisions in court protocol and rule of law or because of an impediment that limits its jurisdictional reach.
The thesis examines the politics surrounding the regulation of PMSCs, which exempts companies fro... more The thesis examines the politics surrounding the regulation of PMSCs, which exempts companies from criminal responsibility. In addition to using secondary sources of data, the interdisciplinary analysis made use of international critical legal scholars’ application of Article 38 of the ICJ statute. The findings of the research pointed out that the international community’s conflicting political interests, particularly the divergent interests of Western and non-Western states, are the primary explanation why PMSCs are allowed to operate with impunity. The thesis further disclosed that although there is a general consensus regarding the existence of international law requiring states (hiring or territorial) to regulate the operations of PMSCs and that failure to do so results in the attribution of the PMSC’s conduct to those states, the implementation of this law is inconsistent and seldom contradictory. Furthermore, it proved that home states should have been obliged by international law to regulate the operations of their PMSCs in order to effectively regulate PMSCs and put an end to the pervasive impunity they currently enjoy. The thesis claimed that in the unlikely event that an internationally binding agreement regulating PMSCs materializes, these companies will continue to violate human rights and operate with impunity.
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Papers by Senedu T . Dessalegn