The 2018 Agreement on Peace between Ethiopia and Eri trea and its Implementation. A Legal Analysis

The relations between Ethiopia and Eri trea – which in the past was part of Ethiopia – have never been easy. Divergent opinions and ideas on issues related to history, strategic orientation, national and international politics and economic perspective have significantly influenced the positions of both parties. The complexity of the bilateral relations contributes to explaining recent history in the area of the Horn of Africa and represents an important lens through which to examine and analyse recent events. The aim of the present article is to critically analyse the 2018 Agreement between the two States which represents a historic landmark in their relations. The importance of this Agreement is such that on 11 October 2019, the Norwegian Nobel Committee decided to award the 2019 Nobel Peace Prize to Ethiopian Prime Minister (PM) Abiy Ahmed Ali “for his efforts to achieve peace and international cooperation, and in particular for his decisive initiative to resolve the border conflict with neighbouring Eri trea”.1 In order to better understand the content of the Agreement and evaluate its potential impact on the two States and on the region, in the first part of the article, attention will focus on the political and legal background of the change in relations between the two States as well as on recent events within the two countries. Special attention will also be devoted to the analysis of the content of the Joint Declaration of Peace and Friendship between Eri trea and Ethiopia signed in Asmara on 9 July 2018, which, to a significant extent, anticipated the content of the Agreement on Peace of 16 September 2018. In fact, it is worth underscoring from the outset that almost all the rules of the Joint Declaration appear also in the Agreement, usually with minor linguistic changes. Attention will then be given to the content of the Agreement on Peace and on the new mechanism that has been envisaged to oversee its implementation. This analysis will highlight some sensitive issues which might hinder the full application of the Agreement. The focus then turns to examining whether and to what extent, one year after its finalisation, the obligations codified therein have been implemented. The Agreement and its implementation have both positive and negative aspects and thus it is of crucial importance that interested third States and the United Nations (UN), as well as regional organisations, such as the African Union (AU) and the Intergovernmental Authority on Development (IGAD), constantly monitor the situation and support the two States to ensure a smooth implementation of the Agreement. The final section will be devoted to a few remarks and critical observations.