Rank of Incorporated Human Rights Treaty in the Domestic Legal System of Ethiopia

Abstract

The interplay between domestic and international law depicts a structural dependence of the latter on the former for its domestic implementation. International law recognizes a state to determine manner and means of incorporating international treaties into domestic laws. On the other hand when it comes to the substantive relationship between international law and domestic law the rules of international law dictate the hierarchically higher status of the international norm. Contrary to such facts, the emergent consensus of the dominant literature on the rank of human rights treaties in Ethiopia follows the mistaken approach which allows domestic law to determine the position of treaties at the national level. This article aims to rebut such mistaken approach by presenting three evidences from international law which prove the hierarchically higher status of ratified human rights treaties within the Ethiopian domestic legal system: the nature of obligation imposed by human rights treaties, the principle of pacta sunt servanda, and the principle of consistent interpretation.  The author concludes that ratified human rights treaties occupy a position superior to that of Ethiopian constitution and other laws, which, if inconsistent with ratified treaties, should give way to the domestic application of treaty-provisions.

Keywords: International law, domestic law, rank, incorporation, human rights, treaties

DOI: 10.7176/DCS/11-1-04

Publication date: January 31^st 2021