"This book addresses the rights of indigenous peoples to marine space and associated marine resources under international law. Examining the rights of indigenous peoples relating to marine space and marine resources both in international human rights law and the law of the sea, the book provides an in-depth critical analysis of the existing legal framework, whilst identifying the gaps, and possible further mechanisms, for recognizing the rights of indigenous peoples to marine space. The book addresses three main issues: 1. the extent to which international law recognizes and protects the rights of indigenous peoples in relation to marine space and marine resources; 2. if and how the law of the sea and international human rights law pertaining to the rights of indigenous peoples to marine space and marine resources interact; 3. whether and to what extent the law of the sea regime limits the capacity of coastal States to recognize and implement the rights of indigenous peoples relating to marine space and resources. In response, and in a context where indigenous marine rights are under increasing threat, the book develops an important critical theoretical and methodological approach which moves beyond the current doctrinal focus of much existing work in this area. The book will appeal to academics, researchers, and practitioners in the areas of indigenous peoples and the law, international law, the law of the sea, and human rights"--
The right to Permanent Sovereignty over Natural Resources (PSNR) emerged in the era of decolonization. As a reaction to the irresponsible exploitation of their natural resources by colonial powers, the peoples under colonial rule and the newly independent developing states asserted the right to control and dispose of their own natural resources. The UN General Assembly recognized and reinforced their claims by adopting series of resolutions relating to the right of PSNR so as to facilitate the process of decolonization. However, the subjects of the right to PSNR has expanded to include 'all peoples' due to legal developments in international law pertaining to the right to self-determination of peoples and other human rights standards. This article explores the contemporary application of the right to PSNR to indigenous peoples, by virtue of their being of 'peoples', tracing the various developments in the international law of indigenous peoples since the inception of the right in the 1950s.
Restorative justice is an alternative way of thinking about crime and justice which views crime as a violation of a relationship among victims, offenders and community instead of putting a state as a sole victim, and has the objective of "putting right" or "healing" the wrong and to restore the broken relationship in the community. Unlike the restorative justice perspective, the Ethiopian criminal justice system views crime primarily as an offense against the state and a violation of its criminal laws, either in the form of commission or omission. Under the Ethiopian criminal justice system, neither the victims are given an opportunity to fully participate in the process nor is there a legal procedure which enables the public prosecutor to adequately protect the victim`s interest. The focus of the public prosecutor is to convict the accused\offender and get him\her punished, instead of encouraging him\her to take responsibility to undo the wrong he\she has committed. The Ethiopian criminal justice system also excludes the community from participation; and if the community is said to be participating in the process, it is only in the form of providing information about the commission of the crime and appearing as a witness in the criminal proceedings. On the other hand, the customary dispute resolution mechanisms of Ethiopia are playing an important role in resolving crimes of any kind and maintaining peace and stability in the community, though they are not recognized by law. The customary dispute resolution mechanisms are run by elders; involve reconciliation of the conflicting parties and their respective families using different customary rituals; emphasizing on the restitution of victims and reintegration of offenders, and aims at restoring the previous peaceful relationship within the community as well as maintaining their future peaceful relationships by avoiding the culturally accepted practices of revenge. However, despite the fact that Ethiopia`s indigenous knowledge base of customary justice practice is an enormous advantage to implement the ideals of restorative justice in the Ethiopian criminal justice system, restorative justice has not yet taken root in the criminal justice system of Ethiopia. This thesis, therefore, examines whether there is a place for restorative justice in the Ethiopian criminal justice system; examines the compatibility of the Ethiopian customary dispute resolution mechanisms with the core values and principles of the modern restorative justice systems; and assesses the potentials to implement restorative justice ideals by accommodating the customary dispute resolution mechanisms with the formal criminal justice system in the future. The study is conducted based on interviews, legislative analysis, and analysis of other relevant literature. The findings of the study show that the notion of restorative justice is almost non-existent in the current Ethiopian criminal justice system though it manifests some elements of restorativeness. It also shows that the Ethiopian customary dispute resolution mechanisms are compatible with the values and principles of restorative justice though they are not legally recognized and well organized programs; and that a consensus has recently been reached regarding the importance of using customary dispute resolution mechanisms as a basis to implement restorative justice in the Ethiopian criminal justice system.
Upon acquisition of legal personality a company enjoys certain attributes such as limited liability. While the separate legal personality of a company enables it to enjoy rights and assume obligations quite different from its members, the limited liability of shareholders refers to the fact that the company alone is liable for its debts. However, such privilege of limited liability may not always exist when the legal personality of a company is abused and used for illegitimate or unlawful purposes and other reasons. This article examines some of the grounds by which the corporate veil can be pierced under Ethiopian law and the role of courts in recognizing the doctrine. Based on the analysis of the relevant legislative provisions and some court cases, it is found that Ethiopian company law, though not sufficient, provides some clear grounds of piercing the corporate veil and certain possible grounds which may call for the application of the doctrine. It is also argued that Ethiopian courts should apply the doctrine of piercing the corporate veil, through the purposive interpretation of the statutory provisions, if doing so produces equitable results and fairness.
The article describes some common features of Indigenous sea cosmovisions (through examples from Oceania and the Arctic region), from which an understanding of ocean governance rooted in the interconnectedness of all life and the importance of protecting water and people emerges. Hence, the model of ocean (or water) connectivity is characterized by the understanding of ocean-human relationships as a continuum of connections between human and non-human elements. In line with the normative recognition of the sacredness of water, the interconnectedness of all life, and the importance of protecting the sea, Indigenous peoples' law provides insights and implementation solutions for the restoration of marine ecosystems. This study aims to identify blind spots of the current law-of-the-sea regime, where marine ecological connectivity is not fully recognized as a foundational pillar of effective ocean protection. It also suggests approaches towards knowledge integration mechanisms that could minimize critical issues in ocean governance by enabling the enshrinement of Indigenous nature-oriented approaches within the law of the sea regulatory framework (especially focusing on the high seas' regime). The work is structured into three main parts: a comprehensive overview of connectivity conceptualizations drawn from Indigenous cosmovisions; reflections on the model's capability to address law-of-the-sea's systemic challenges; and concluding reflections on possible future trajectories in law-of-the-sea that could encompass elements of the analyzed model.
