Browsing by Author "Ermias Tesfaye"

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    Immunity of Government Property against the Execution of Foreign Arbitral Awards: A Look at Ethiopian Perspectives
    (Addis Ababa University, 2024-10) Ermias Tesfaye; Zakarias Kenea
    This research investigates the immunity of government property against the execution of foreign arbitral awards within the Ethiopian legal framework. It identifies significant gaps in the existing laws that govern sovereign immunity, particularly in the context of Ethiopia's commitment to international conventions like the New York Convention. While this commitment represents a positive step towards aligning with global arbitration standards, the lack of explicit regulations creates uncertainty for international investors, undermining Ethiopia's attractiveness as a destination for foreign direct investment. The study contrasts Ethiopia’s situation with jurisdictions that operate under a restrictive theory of sovereign immunity, which allows for enforcement in commercial contexts and offers well-defined legal protections for investors. Furthermore, the research examines the dual implications of regulating and not regulating government property immunity against the execution of foreign arbitral awards in Ethiopia. It underscores the imperative of striking a delicate balance between safeguarding state sovereignty and fostering a welcoming environment for foreign investment. The research emphasizes the importance of establishing a comprehensive legislative framework that delineates the boundaries of sovereign immunity, defining government property and the specific conditions under which enforcement may occur. Through adopting such measures, Ethiopia can foster a more favorable investment climate that balances state sovereignty with investor confidence, ultimately enhancing legal certainty and predictability in international arbitration.