Browsing by Author "Kassa, Tadesse (Assistance professors)"
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Item The Duty not to Cause Significant Harm under International Water Law: Its Application in the Nile Basin(Addis Ababa University, 2014-02) Mengesha, Zewidu; Kassa, Tadesse (Assistance professors)Item The International and National Legal Framework on the Human Right to Water(Addis Ababa University, 2014-06) kenea, Ifa; Kassa, Tadesse (Assistance professors)The right to water is one of the fundamental human rights and it is a road map for the realization of other human rights. It is a recently evolved area of human rights. No international bill of human rights that has explicitly recognized the right to water. The non-explicit recognition of the human right to water does not mean that there is no human right to water in contemporary human rights law because it is supported by the declarations and states practice. However, there is no adequate legal framework in this regard. In similar vein, gradually it was recognized as an international issue, the lack of sufficient access and availability of water necessitates that action would be a driving force in regards to both recognizing the existence of the human right to water and defining its content. First and foremost an explicit and full recognition of the human right to water is required in order to enable individuals and communities to claim their right to water needs and to impose on states the obligations to supply the minimum quantity and quality of water for all. Arguably, therefore, the justiciability of the human right to water will explore with due attention to local legal framework through direct and indirect approach. Then issues affecting the realization of the human right to water and the subsequent failure to implement in Ethiopia are also discussed through qualitative methods of data collection with some interviews. Finally, the thesis wrap up that the human right to water is in no way aspirational, but rather imposes real obligations on states, for which they will be subjected to international and national accountability. So, the incorporation of the human right to water in the domestic Constitution can be justified not only from the perspective of enforcing human rights but also for ongoing sustainable development. It is recommend that implementing the human right to water will often require a review of states legislation and policy related to its services regulation; overall it is management and citizen’s complaints institutions. Keywords: Federal Democratic Republic of Ethiopian (FDRE), International Covenant on Economic Social and Cultural Rights (ICESCR), the right to waterItem The International and National Legal Framework on the Human Right to Water(Addis Ababa University, 2014-06) kenea, Ifa; Kassa, Tadesse (Assistance professors)The right to water is one of the fundamental human rights and it is a road map for the realization of other human ri ghts. It is a recently evolved area of human ri ghts. No international bill of human rights that has explicitly recognized the ri ght to water. The non-explicit recognition of the human right to water does not mean that there is no human right to water in contemporary human rights law because it is supported by the declarations and states practice. However, there is no adequate legal framework in this regard. In similar vein, gradually it was recognized as an international issue, the lack of sufficient access and availability of water necessitates that action would be a driving force in regards to both recogni zi ng the ex istence or the human right to water and defining its conten t. First and foremost an explicit and full recognition of the human right to water is required in order to enable individuals and communities to claim th eir ri ght to water needs and to impose on states the obligati ons to supply the minimum quantity and quality of water for all. Arguably, therefore, the justiciability of the human right to water will explore with due attention to local legal framework through direct and indirect approach. Then issues affecting the reali zation of the human ri ght to water and the subsequent failure to implement in Ethiopia are also discussed through qualitative methods of data co ll ection with some interviews. Finall y, the thes is wrap up that the human right to water is in no way aspirational, but rather imposes real obligations on states, for which they will be subjected to international and national accountability. So, the incorporation of the human right to water in the domestic Constitution can be justified not only from the perspective of enforcing human ri ghts but also for ongoing sustainab le development. It is recommend that implementing the human right to water wi ll often require a rev iew of states legislation and policy related 10 its services regulation ; overall it is management and citizen's complaints institutions. Keywords: Federal Democratic Republic of Ethiopian (FDRE), International Covenant on Economic Social and Cultural Rights (ICESCR), the right 10 waterItem Practical Challenges of Access to Employment Opportunity of Eritrean Refugees Living in Addis Ababa(Addis Ababa University, 2019-02) Girma, Yosef; Kassa, Tadesse (Assistance professors)This thesis assessed practical challenges of access to employment opportunity of Eritrean refugees living in Addis Ababa. The research was conducted in Addis Ababa, Jemo, Gofa Mebrat Hail and Megenga area was selected based on current settlement of the Eritrean refugees in the areas. Qualitative research methodology was employed under this thesis and both primary and secondary sources of data are utilized. The primary sources include in-depth interviews with refugees of the study areas and ARRA, EHRC, UNHCR and NRC were conducted. In addition, to have a balanced view of those selected respondents; a focus group discussion has also been carried out with some selected Eritrean refugees and refuges committee leaders of the study areas were held. The respondents for both interviews and FGDs were selected through purposive and snowball sampling method. Therefore the study revealed that Eritrean refugee’s access to employment opportunity challenged and In addition, contemporary livelihood situations of Eritrean refugees in Addis Ababa are also examined. The overall findings of the study show that there were legal, lack of language skill, lack of work experience skill , challenges on discrimination in employment , challenges of access to loan, lack of business licenses and lacks of institutional frame work are a gap for Eritrean refuges in accessing employment in Ethiopian and due to this fact highly affected in social and economical impacts in the area. Consequently, providing employment opportunity is necessary to ensure social cohesion between local communities and refugees. Finally, the paper concluded that the Ethiopian government needs to improve and strengthen to implement the minimum protection of refugee’s employment opportunity. Thus one of the essential aims of this study is to devise some alternative mechanism to the government and responsible body how to implement refugee’s employment opportunity those stated major gaps under the research. Key words: Eritrean refugees, employment opportunity, livelihood, practical challenges ARRA, EHRC, UNHCR, NRCItem The Riparian Duty to Inform on Planned Measures Under International Watercourse Law: The Case of Ethiopian Grand Renaissance Dam(Addis Ababa University, 2014-06) Andargie, Haile; Kassa, Tadesse (Assistance professors)Considerable number of treaties and other rules of international water law envisages riparian states' obligation on the use of international watercourse. One of such obligation is the riparian duly to inform on planned measures. However, there are uncertainties about the essence and status of this obligation under international watercourse law. The issue is even more intricate in the Nile river basin where there is no full-fledged legal and institutional ji-amework to regulate the mailer. Hence, there exist different views on the substantive scope of the obligation to inform on planned measures. Quite recently, Ethiopia and Egypt are in disagreement over the construcfion of Grand Ethiopian Renaissance Dam (GERD). At the heart of the dispute, among other /hings, are the controversies over the riparian duly to cooperale, inform and consult on planned measures. This research paper demonstrates the understanding of the riparian duty to inform on planned measures under international watercourse law. To this effect, the research first analyses the riparian duty to inform planned measures under international watercourse law. Then, it critically scrutinizes the provisions of the UN watercourse convention on non navigational lise of international watercourse with regard to the riparian states duty to inform planned measures. Finally, a deep examination is made 10 ohserve CERD in light of the riparian duty to inform on planned measure under international watercourse law. After a deep analysis on the above areas, the research argues that basic authorities of international walercourse law have provided that a watercourse state should or is at least recommended to provide notice of planned measures that could potentially cause significant adverse effect to o/h er riparian states. Equally, the research argued that authorities are not unanimous with regard to the substantive scope of the obligation of notification. Concerning GERD, the research argued that Ethiopia has no any trealy obligation to notifo its projects to other riparian states. Nor does state practice in the Nile basin shows strict adherence to the principles of riparian duty to inform planned measures. Finally, the research, among other things, urges all the Nile river basin stales to sign and ratifo CFA within whose framework it would be possible to resolve contentious issues of riparian duty to inform on planned measures that may potentially cause significant adverse impact. The research also recommends the establishment of institutional framework for effective implememation of riparian duly of not ification. It also urges a continued cooperation between Ethiopia, Sudan and Egypt as an absolute imperative.Item The Riparian Duty to Inform on Planned Measures under International Watercourse Law: The Case of Ethiopian Grand Renaissance Dam(Addis Ababa University, 2014-06) Andargie, Haile; Kassa, Tadesse (Assistance professors)Considerable number of treaties and other rules of international water law envisages riparian states’ obligation on the use of international watercourse. One of such obligation is the riparian duty to inform on planned measures. However, there are uncertainties about the essence and status of this obligation under international watercourse law. The issue is even more intricate in the Nile river basin where there is no full-fledged legal and institutional framework to regulate the matter. Hence, there exist different views on the substantive scope of the obligation to inform on planned measures. Quite recently, Ethiopia and Egypt are in disagreement over the construction of Grand Ethiopian Renaissance Dam (GERD). At the heart of the dispute, among other things, are the controversies over the riparian duty to cooperate, inform and consult on planned measures. This research paper demonstrates the understanding of the riparian duty to inform on planned measures under international watercourse law. To this effect, the research first analyses the riparian duty to inform planned measures under international watercourse law. Then, it critically scrutinizes the provisions of the UN watercourse convention on non navigational use of international watercourse with regard to the riparian states duty to inform planned measures. Finally, a deep examination is made to observe GERD in light of the riparian duty to inform on planned measure under international watercourse law. After a deep analysis on the above areas, the research argues that basic authorities of international watercourse law have provided that a watercourse state should or is at least recommended to provide notice of planned measures that could potentially cause significant adverse effect to other riparian states. Equally, the research argued that authorities are not unanimous with regard to the substantive scope of the obligation of notification. Concerning GERD, the research argued that Ethiopia has no any treaty obligation to notify its projects to other riparian states. Nor does state practice in the Nile basin shows strict adherence to the principles of riparian duty to inform planned measures. Finally, the research, among other things, urges all the Nile river basin states to sign and ratify CFA within whose framework it would be possible to resolve contentious issues of riparian duty to inform on planned measures that may potentially cause significant adverse impact. The research also recommends the establishment of institutional framework for effective implementation of riparian duty of notification. It also urges a continued cooperation between Ethiopia, Sudan and Egypt as an absolute imperative.Item The Riparian Duty to Inform on Planned Measures Under International Watercourse Law: The Case of Ethiopian Grand Renaissance Dam(Addis Ababa University, 2014-06) Andargie, Haile; Kassa, Tadesse (Assistance professors)Considerable number of treaties and other rules of international water law envisages riparian states’ obligation on the use of international watercourse. One of such obligation is the riparian duty to inform on planned measures. However, there are uncertainties about the essence and status of this obligation under international watercourse law. The issue is even more intricate in the Nile river basin where there is no full-fledged legal and institutional framework to regulate the matter. Hence, there exist different views on the substantive scope of the obligation to inform on planned measures. Quite recently, Ethiopia and Egypt are in disagreement over the construction of Grand Ethiopian Renaissance Dam (GERD). At the heart of the dispute, among other things, are the controversies over the riparian duty to cooperate, inform and consult on planned measures. This research paper demonstrates the understanding of the riparian duty to inform on planned measures under international watercourse law. To this effect, the research first analyses the riparian duty to inform planned measures under international watercourse law. Then, it critically scrutinizes the provisions of the UN watercourse convention on non navigational use of international watercourse with regard to the riparian states duty to inform planned measures. Finally, a deep examination is made to observe GERD in light of the riparian duty to inform on planned measure under international watercourse law. After a deep analysis on the above areas, the research argues that basic authorities of international watercourse law have provided that a watercourse state should or is at least recommended to provide notice of planned measures that could potentially cause significant adverse effect to other riparian states. Equally, the research argued that authorities are not unanimous with regard to the substantive scope of the obligation of notification. Concerning GERD, the research argued that Ethiopia has no any treaty obligation to notify its projects to other riparian states. Nor does state practice in the Nile basin shows strict adherence to the principles of riparian duty to inform planned measures. Finally, the research, among other things, urges all the Nile river basin states to sign and ratify CFA within whose framework it would be possible to resolve contentious issues of riparian duty to inform on planned measures that may potentially cause significant adverse impact. The research also recommends the establishment of institutional framework for effective implementation of riparian duty of notification. It also urges a continued cooperation between Ethiopia, Sudan and Egypt as an absolute imperative.Item Utilization of Tran boundary Watercourses and the Claim of ‘Historical Rights’: Special Focus on the Nile(Addis Ababa University, 2014-06) Ejerssa, Kidist; Kassa, Tadesse (Assistance professors)