Introduction
The process of treaty-making and the incorporation of international obligations into domestic legal systems are critical aspects of a state’s interaction with the global community. For Ethiopia, a country with a rich history of sovereignty and a unique constitutional framework, the treaty-making process is shaped by both its internal legal structures and its commitments under international law. This article examines Ethiopia’s treaty-making process within the context of its constitutional framework, focusing on the legal mechanisms for entering into treaties, the country’s approach to the relationship between international and domestic law, and its obligations under international treaties. Additionally, the article explores Ethiopia’s position regarding the Vienna Convention on the Law of Treaties (VCLT) of 1969, a cornerstone of international treaty law, and the implications for other states engaging in treaty relations with Ethiopia.
The analysis is grounded in the provisions of the 1995 Constitution of the Federal Democratic Republic of Ethiopia, relevant statutes, and international legal principles. The article also draws on scholarly works and publicly available information to provide a comprehensive understanding of Ethiopia’s treaty-making process. Topics covered include the constitutional basis for treaty-making, the monist or dualist nature of Ethiopia’s legal system, the domestication of treaties into national law, and the country’s stance on the VCLT. Through this exploration, the article seeks to contribute to the broader discourse on how states balance national sovereignty with international obligations.
Constitutional Framework for Treaty-Making in Ethiopia
The legal foundation for Ethiopia’s engagement in international treaties is enshrined in the 1995 Constitution of the Federal Democratic Republic of Ethiopia. This constitution, adopted following the transition to a federal democratic system after the fall of the Derg regime, provides the overarching framework for the country’s governance and its external relations. Several articles within the Constitution explicitly address the authority and procedures for entering into treaties, reflecting the importance of international agreements in Ethiopia’s foreign policy.
Article 9(4) of the Ethiopian Constitution is a pivotal provision concerning international obligations. It states that “all international agreements ratified by Ethiopia are an integral part of the law of the land.” This provision establishes the principle that ratified treaties hold a significant place within the domestic legal order, suggesting a degree of integration between international and national law. However, the process by which Ethiopia enters into such agreements is governed by other constitutional provisions that delineate the roles of various branches of government in treaty-making.
Under Article 55(12) of the Constitution, the House of Peoples’ Representatives, which is the primary legislative body in Ethiopia, is vested with the authority to ratify international agreements. Specifically, this article grants the House the power to “ratify international agreements by law.” This indicates that the ratification of treaties is a legislative act, requiring parliamentary approval to ensure democratic oversight and legitimacy in the commitment to international obligations. The requirement for ratification by law suggests a formal process that aligns with principles of accountability and transparency in treaty-making.
Moreover, the executive branch also plays a significant role in the treaty-making process. While the Constitution does not explicitly outline the negotiation or signing of treaties, Article 51(6) assigns the federal government the responsibility to “formulate and implement the country’s policies and strategies in respect of foreign affairs.” This provision implies that the executive, through the Ministry of Foreign Affairs or other relevant bodies, is responsible for initiating and negotiating treaties before they are presented to the House of Peoples’ Representatives for ratification. Additionally, the President of Ethiopia, as outlined in Article 71(6), has the ceremonial role of receiving foreign diplomats and may be involved in the formal aspects of treaty-signing, though this is not constitutionally mandated as a substantive power.
The combined effect of these provisions is a treaty-making process that involves both the executive and legislative branches of government, ensuring a separation of powers and a deliberative approach to entering into international commitments. This process reflects Ethiopia’s commitment to democratic principles in its external relations, as parliamentary ratification provides a mechanism for public representation in decisions that may impact national interests. However, the practical implementation of these constitutional mandates, such as the speed of ratification or the extent of parliamentary debate on treaties, remains subject to political and administrative dynamics within the country.
Monist or Dualist Approach: Ethiopia’s Position
One of the fundamental questions in international law is how states integrate treaty obligations into their domestic legal systems. States are generally classified as following either a monist or dualist approach. In a monist system, international law and domestic law are considered parts of a single legal order, and treaties may have direct effect in domestic courts without the need for further legislative action. In contrast, a dualist system treats international and domestic law as separate spheres, requiring specific legislative acts to incorporate treaty provisions into national law for them to be enforceable domestically.
Ethiopia’s approach to this dichotomy is reflected in the aforementioned Article 9(4) of the Constitution, which declares that ratified international agreements are “an integral part of the law of the land.” At face value, this provision suggests a monist approach, as it implies that once a treaty is ratified, it automatically becomes part of the domestic legal framework without the need for additional legislation. This interpretation is supported by the language of integration, which indicates a direct relationship between international commitments and national law.
However, a closer examination of Ethiopian legal practice and scholarly analysis reveals nuances that complicate a straightforward classification as monist. While Article 9(4) provides for the integration of treaties, the process of ratification under Article 55(12) involves the passage of a law by the House of Peoples’ Representatives. This legislative act of ratification suggests a dualist element, as treaties do not automatically become enforceable upon signature or acceptance but require a formal domestic legal process to gain validity within the national system. Furthermore, in cases where treaties contain provisions that conflict with existing domestic laws or require specific implementation mechanisms (such as budgetary allocations or regulatory frameworks), additional legislation or administrative action may be necessary to give effect to treaty obligations.
Scholars such as Woldemariam (2017) argue that Ethiopia adopts a hybrid approach, combining elements of both monism and dualism. While the Constitution provides for the direct incorporation of treaties into national law, the practical reality often necessitates further legislative or executive action to ensure compliance with treaty obligations. For instance, treaties related to human rights, such as those ratified under the African Charter on Human and Peoples’ Rights, are often cited in Ethiopian courts as part of the legal framework, reflecting a monist tendency. However, technical treaties requiring detailed domestic implementation, such as trade agreements or environmental protocols, may require specific enabling legislation, aligning with dualist principles (Woldemariam, 2017).
This hybrid nature of Ethiopia’s legal system reflects the complexities of balancing international obligations with national sovereignty. It allows the country to engage actively in the international arena while retaining control over the domestic impact of treaties through legislative oversight. However, this approach can also lead to challenges, such as delays in implementation or inconsistencies between international commitments and national laws, particularly in areas where domestic capacity or political will may be limited.
Implementation of Treaties into National Law
The process by which treaties are translated into enforceable domestic law in Ethiopia is intricately linked to the country’s constitutional framework and its hybrid monist-dualist approach. As previously noted, Article 9(4) of the Constitution provides the foundational principle that ratified treaties are part of the law of the land. However, the operationalization of this principle varies depending on the nature of the treaty and the domestic legal context.
For treaties that are self-executing—meaning their provisions are clear, precise, and capable of direct application without further legislative or administrative action—the integration into national law is relatively straightforward. Such treaties, once ratified by the House of Peoples’ Representatives, can be invoked in Ethiopian courts or applied by administrative bodies as part of the legal system. Human rights treaties, for example, often fall into this category, as their provisions may directly confer rights or obligations that do not require additional domestic legislation. This aligns with the monist aspect of Ethiopia’s legal framework and is reinforced by the country’s commitment to international human rights as expressed in Article 13(2) of the Constitution, which mandates that the fundamental rights and freedoms enshrined in the Constitution be interpreted in a manner conforming to international human rights instruments ratified by Ethiopia.
However, for non-self-executing treaties—those requiring specific domestic measures to be enforceable—further action is often necessary. This includes the enactment of enabling legislation by the House of Peoples’ Representatives or the issuance of regulations by the executive branch to align national laws with treaty obligations. For instance, treaties related to trade, taxation, or environmental protection may stipulate detailed standards or mechanisms that necessitate the creation of new domestic laws or the amendment of existing ones. In such cases, the dualist aspect of Ethiopia’s system becomes evident, as the treaty’s integration into national law is contingent upon parliamentary action beyond mere ratification.
The practical implementation of treaties in Ethiopia also faces challenges related to institutional capacity, public awareness, and monitoring. While the Constitution provides a robust legal framework for treaty incorporation, the effectiveness of implementation often depends on the efficiency of governmental bodies, the availability of resources, and the level of coordination between federal and regional authorities in Ethiopia’s federal system. Additionally, the judiciary plays a critical role in ensuring that treaty obligations are upheld, as Ethiopian courts may interpret and apply international agreements in domestic disputes, particularly in areas such as human rights or trade law.
Despite these challenges, Ethiopia has demonstrated a commitment to fulfilling its international obligations through treaty implementation. The country’s active participation in regional and international organizations, such as the African Union and the United Nations, reflects its intent to align domestic laws with global norms. However, gaps remain in ensuring consistent and comprehensive domestication of treaties, particularly in technical or resource-intensive areas, highlighting the need for continued capacity-building and legal reform.
Ethiopia and the Vienna Convention on the Law of Treaties (VCLT) 1969
The Vienna Convention on the Law of Treaties (VCLT) of 1969 is widely regarded as the authoritative codification of customary international law governing the formation, interpretation, and termination of treaties. Adopted on May 23, 1969, and entering into force on January 27, 1980, the VCLT provides a comprehensive framework for treaty-making and serves as a guide for states in their international relations. Given its significance, a state’s status as a party to the VCLT often shapes how it engages in treaty-making and how other states approach treaty negotiations with it.
Ethiopia is not a signatory or party to the Vienna Convention on the Law of Treaties 1969. According to records from the United Nations Treaty Collection and other international legal databases, Ethiopia has neither signed nor ratified the VCLT. This status raises questions about the extent to which Ethiopia adheres to the principles enshrined in the Convention and how its treaty-making practices align with customary international law, much of which is reflected in the VCLT.
Despite not being a party to the VCLT, Ethiopia is nonetheless bound by customary international law principles codified in the Convention, as many of its provisions—such as those on treaty formation, interpretation, and good faith—are considered part of customary international law and are thus applicable to all states, regardless of their formal adherence to the treaty. For instance, the principle of pacta sunt servanda (agreements must be kept), enshrined in Article 26 of the VCLT, is a fundamental norm of international law that Ethiopia, like all states, is expected to uphold in its treaty relations. Additionally, Ethiopia’s treaty-making practices, as governed by its Constitution, generally align with key VCLT principles, such as the requirement for state consent and the role of ratification in expressing such consent.
The fact that Ethiopia is not a party to the VCLT has implications for other states seeking to enter into treaties with it. While the VCLT provides a standardized framework that facilitates predictability and mutual understanding in treaty negotiations, Ethiopia’s non-signatory status means that other states must rely on customary international law and Ethiopia’s domestic legal processes when engaging in treaty-making. This may require greater attention to Ethiopia’s specific constitutional requirements, such as the need for parliamentary ratification under Article 55(12), as well as an understanding of any unique procedural or substantive norms that Ethiopia applies in its international agreements.
For other countries, engaging in treaty-making with Ethiopia involves a careful consideration of these factors to ensure that agreements are valid, enforceable, and mutually beneficial. States accustomed to negotiating under the VCLT framework may need to adapt to Ethiopia’s practices, particularly in areas such as treaty interpretation or dispute resolution, where the VCLT provides detailed guidelines that Ethiopia is not formally bound to follow. However, given the widespread acceptance of customary international law principles, many of which overlap with the VCLT, major conflicts are unlikely to arise, provided that negotiations are conducted in good faith and with due regard for Ethiopia’s legal system.
Furthermore, Ethiopia’s non-party status to the VCLT offers an opportunity for broader reflection on the diversity of treaty-making practices among states. While the VCLT represents a near-universal standard, the choice of some states, including Ethiopia, not to ratify it underscores the importance of national sovereignty and the varied ways in which states approach international law. This diversity can inform other countries on the need for flexibility and adaptability in treaty-making, encouraging a deeper understanding of domestic legal frameworks as a foundation for successful international cooperation.
Broader Implications and Challenges
Ethiopia’s treaty-making process, as shaped by its constitutional framework and international obligations, offers valuable insights into the interplay between national and international law in a federal and historically sovereign state. The country’s hybrid monist-dualist approach allows for flexibility in integrating treaties into domestic law, balancing the need to honor international commitments with the imperatives of national governance. However, this hybridity also presents challenges, including potential delays in implementation, inconsistencies in application, and the need for robust institutional mechanisms to ensure compliance with treaty obligations.
One significant challenge lies in the capacity of Ethiopia’s legal and administrative systems to effectively domesticate and enforce treaties. While the Constitution provides a clear legal basis for treaty incorporation, practical limitations—such as resource constraints, bureaucratic inefficiencies, and the complexities of federal-regional coordination—can hinder the realization of treaty objectives. Addressing these challenges requires sustained efforts to build institutional capacity, enhance legal education on international law, and foster public awareness of Ethiopia’s international commitments.
Additionally, Ethiopia’s non-party status to the VCLT highlights the importance of customary international law as a unifying framework for treaty-making, even in the absence of formal adherence to codified standards. This situation underscores the need for states engaging with Ethiopia to conduct thorough due diligence on its domestic legal processes and to approach negotiations with an appreciation for the principles of good faith and mutual respect that underpin international relations.
From a broader perspective, Ethiopia’s treaty-making practices contribute to the global discourse on the diversity of legal systems and their interaction with international law. As one of Africa’s oldest independent states and a key player in regional and continental affairs, Ethiopia’s approach to treaties reflects the continent’s broader push for sovereignty and self-determination in international relations. This perspective can inform other states, particularly in the Global South, on how to craft treaty-making processes that respect national priorities while engaging constructively with the international community.
Conclusion
Ethiopia’s treaty-making process, as delineated by its constitutional framework and shaped by its international obligations, exemplifies the complexities of navigating national and global legal landscapes. The 1995 Constitution, through provisions such as Articles 9(4) and 55(12), establishes a clear mechanism for entering into treaties, involving both executive initiation and legislative ratification. The country’s hybrid monist-dualist approach allows for the integration of treaties into national law while retaining domestic control over implementation, reflecting a pragmatic balance between international commitments and national sovereignty.
While Ethiopia is not a party to the Vienna Convention on the Law of Treaties 1969, its adherence to customary international law ensures a degree of alignment with global treaty-making standards, albeit with unique domestic nuances that other states must consider when entering into agreements with it. Challenges remain in the effective implementation of treaties, necessitating ongoing reforms to strengthen institutional capacity and legal coherence. Nevertheless, Ethiopia’s experience offers valuable lessons for the international community on the diversity of treaty-making practices and the importance of adaptability in fostering cooperative and legally sound international relations.
References
- Constitution of the Federal Democratic Republic of Ethiopia. (1995). Proclamation No. 1/1995. Addis Ababa: Federal Negarit Gazeta.
- Woldemariam, G. A. (2017). The Place of International Law in the Ethiopian Legal System. Ethiopian Journal of Legal Studies, 2(1), 45-67.
- Vienna Convention on the Law of Treaties. (1969). United Nations Treaty Series, Vol. 1155, p. 331.
- United Nations Treaty Collection. (2023). Status of Treaties: Vienna Convention on the Law of Treaties. Retrieved from the United Nations website.
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