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.
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