Thursday 9 April 2015

international law regimes affecting Kenya and importance if any

 An international law regime is a term commonly used for referring to laws that govern conduct of independent nations in their relationship with one another concerning certain issues. Kenya is a signatory to a number of international law regimes. They include:
a) African Nuclear Weapon free zone
It prohibits research development, manufacture, stock piling, acquisition, testing, possession control or stationing of nuclear explosive devices in territory of parties to treaty.
b) Arusha agreement
Aimed at establishing better economic relations between the East African community and African states.
c) The Nile treaty
It provides that Kenya, Uganda and Sudan cannot use waters of Lake Victoria and the Nile without the acquiescence of Egypt. The treaty signed by Britain on behalf of its east African colonies, forbids any projects that could threaten the volume of water reading Egypt.
d) East African Common Market Protocol
Allows free movement of goods, services, capital and labour in the block
e) Rome statute of International Criminal court
It is the treaty that established the international criminal court and Kenya is a signatory.
International law regimes seek to address co-ordination problems which may arise due to contact between different countries. Due to technological advancement, the world has been turned to a global village hence the need for a system to coordinate things arises. This is what led to formation of international law regimes.

A regime is a set of conditions most often of a political nature. International regimes are very important because they provide a socio-logical framework which enhances peaceful co-existence. However every good thing comes with its own set of disabilities. It is hard for any system to be one hundred percent (100%) efficient. There are issues which are bound to arise. Some pacts although beneficial have negative impact on one of the party involved or all the parties. “Kenya being a signatory to a number of such arrangements"

The East Africa Common Market Protocol was duly signed on November 20 last year (2009) _. It allows free movement of goods and services and labour in the bloc. The protocol is set to bring down barriers to movement of labour and goods in the region in what experts say to be a boon to the people of the bloc. This is one of the most significant pacts ever signed in the region. Taxation in the region is also set to be standardized. This is what prompted the finance Minister Uhuru Kenyatta to lower the tax of imported wheat. This led to demonstrations in parts of Narok. He did not have any choice because he was acting according to East African Common Market Protocol. This reduction in tax on whet led to the fall in price of wheat products at the expense of the local farmer.

The Rome statute of the International criminal court which established the international criminal court has also been vocal in solving disputes in Kenya. The international criminal court has also been vocal in vocal process of the post election skirmishes perpetrators. The process is being observed by ICC Prosecutor Luis Moreno Ocampo. The international criminal court establishment has provided a forum where past injustices can be put to rest. Controversy arises as to what why the Kenyan judiciary system cannot handle such an internal matter. Some people believe such arrangement is interfering with our internal issues. They believe that the Kenyan judiciary can handle such a matter. The question they are likely to ask anyone opposing their notion is, what is the purpose of the Kenyan judiciary?

The Nile treaty of 1921 is also one of the international law regimes which is controversial. It was signed by Britain on behalf of Kenya, Uganda, Sudan and Egypt. It gives Egypt veto powers on project which are likely to affect the progress of the Nile River. It also gives Egypt the largest share of the river. Egypt is entitled to 55.4 billion cubic liters of water out of the 84 billion cubic liters available. Kenya cannot undertake any project in Lake Victoria without consulting Egypt. The irony is that part of Lake Victoria is in Kenya and that Kenya being a sovereign state has control over it. This regime however restricts Kenya from its own territorial waters.
Article 2(s) of the recently promulgated constitution states that the general rules of international law shall form part of the laws of Kenya. Article 2 (6) then states that any treaty or convention ratified by Kenya shall form part of the laws of Kenya. Disagreements over international commitments are a persistent feature of international affairs. Some think it infringes the sovereignty of a country. These are some of the issues which need to be addressed to smoothen some of the issues further the institutions of international welfare. Although international regimes are a good idea they have their own set of limitations.










1 comment:

  1. Lucky 7 - Casinoland.jp dafabet dafabet starvegad starvegad fun88 fun88 135Betting Sites and Bonus Offers - Sports Betting

    ReplyDelete