Browsing by Author "Teshome, Tilahun (PhD)"
Item Commercial Arbitration and Accomodation of Third Parties in Ethiopia(Addis Ababa University, 2018-05) Nigussie, Girmachew; Teshome, Tilahun (PhD)Currently, as commercial transactions become more complex, certain procedural problems are becoming more common. One of the most troubling issues in this area of law concerns participation of third parties (through joinder, intervention or opposition to setting aside of arbitral award) into an arbitration. In fact, if all parties agreed, the problem will be somehow resolved. Otherwise, when parties disagree and third parties object participation, the issue will be difficult. Third parties under the Ethiopian arbitration rules are uncovered. Regarding the practice, the courts and Arbitration tribunals are found to be different in interpretation of the law. Sometimes, they extend arbitration to third parties through litigation provisions, sometimes they become hesitant. The understandings of Practitioners and Academicians who have exposure in commercial arbitration are also divergent. Some are proponents, some are opponents and some are in the middle way in relation to participation of third parties in commercial arbitrations. So, the problem is obvious. But, transactions comprises multiparty and multi contracts in which parties will not be signatory of the same arbitration agreement are becoming in growth. Generally, in Ethiopia, since multiparty arbitration proceedings would enhance the scope, efficiency, certainty and effectiveness of commercial arbitration system, rules and procedures that allow the intervention and joinder of indispensible third parties in bilateral arbitration arrangement, as well as mechanism of challenging the award by interested third parties need to be regulated expressly and effectively. The practices also need to be developed.Item A Computer Based Criminal Records MaDllgement System Case Study of the Addis Ababa Police(Addis Ababa University, 1999-05) G /Michael, Mesfin; Teshome, Tilahun (PhD); Fisseha, Sisay (PhD)Proper flow, management and use of records in any organization, whether profit oriented or nonprofit, is critical as blood is for the life of the human being. It is difficult to imagine the existence of an organization without a sound record management system. This fact is particularly true to complex organizations like the Ethiopian Police Force, whose entire operational activities mainly depend on the management and maintenance of crime records. This calls for the introduction of modem crime record management tools for the efficient and effective maintenance and use of police crime records. However, the existing means and tools of crime record management system 111 the Ethiopian police force is both traditional and manual. The existing traditional crime record management system cannot cope with the large flow of crime infom1ation which the system is required to handle on a continuous basis. Furthermore, the prevailing crime record management system lacks basic crime classification methods and hence the institution is forced to deal with crimes in their aggregate form. Police officers cannot also specialize on specific types of crimes. The main objective of this project is, therefore, to analyze the existing crime record management system and to identify its problems and design a computer based criminal records management system. To this end, the analyst has made an effort to learn the current system and has identified the requirements of its users. For this, the researcher has made several discussions with various internal and external users of the system and has gathered sufficient data that helped to analyze the existing system and specify the requirement of the users. Once the existing system has been analyzed, then different design alternatives that would solve the existing problems are considered. Finally one design alternative, that would best satisfy the requirements of users, is selected and sufficiently dealt with In the detail design phase, entities about which the system maintains data, have been specified and their relationship which are important to the system, established. The data items maintained by the system are also normalized in order to avoid redundancy with regard to inserting, deleting, and updating data into the database Furthermore, a prototype database is designed to demonstrate how the proposed criminal record management system will operate in the real life situation Finally, conclusion and recommendations are presented in order to highlight the findings of the study and for further completion of the analysis and implementation phases of the proposed systemItem A Computer Based Criminal Records Management System Case Study of the Addis Ababa Police(Addis Ababa University, 1999-05) G/Michael, Mesfin; Teshome, Tilahun (PhD)Proper flow, management and use of records in any organization, whether profit oriented or nonprofit, is critical as blood is for the life of the human being. It is difficult to imagine the existence of an organization without a sound record management system. This fact is particularly true to complex organizations like the Ethiopian Police Force, whose entire operational activities mainly depend on the management and maintenance of crime records. This calls for the introduction of modem crime record management tools for the efficient and effective maintenance and use of police crime records. However, the existing means and tools of crime record management system 111 the Ethiopian police force is both traditional and manual. The existing traditional crime record management system cannot cope with the large flow of crime information which the system is required to handle on a continuous basis. Furthernl0re, the prevailing crime record management system lacks basic crime classification methods and hence the institution is forced to deal with crimes in their aggregate form. Police officers cannot also specialize on specific types of crimes. The main objective of this project is, therefore, to analyze the existing CrIme record management system and to identify its problems and design a computer based criminal records management system. To this end, the analyst has made an effort to learn the current system and has identifled the requirements of its users. For tllis, the researcher has made several discussions with various internal and external users of the system and has gathered sufficient data that helped to analyze the existing system and specify the requirement of the users. Once the existing system has been analyzed, then different design alternatives that would solve the existing problems are considered. Finally one design al ternati ve, that would best satisfy the req uirements of users, is selected and suffi ciently dealt with.Proper flow, management and use of records in any organization, whether profit oriented or nonprofit, is critical as blood is for the life of the human being. It is difficult to imagine the existence of an organization without a sound record management system. This fact is particularly true to complex organizations like the Ethiopian Police Force, whose entire operational activities mainly depend on the management and maintenance of crime records. This calls for the introduction of modem crime record management tools for the efficient and effective maintenance and use of police crime records. However, the existing means and tools of crime record management system 111 the Ethiopian police force is both traditional and manual. The existing traditional crime record management system cannot cope with the large flow of crime information which the system is required to handle on a continuous basis. Furthernl0re, the prevailing crime record management system lacks basic crime classification methods and hence the institution is forced to deal with crimes in their aggregate form. Police officers cannot also specialize on specific types of crimes. The main objective of this project is, therefore, to analyze the existing CrIme record management system and to identify its problems and design a computer based criminal records management system. To this end, the analyst has made an effort to learn the current system and has identifled the requirements of its users. For tllis, the researcher has made several discussions with various internal and external users of the system and has gathered sufficient data that helped to analyze the existing system and specify the requirement of the users. Once the existing system has been analyzed, then different design alternatives that would solve the existing problems are considered. Finally one design al ternati ve, that would best satisfy the req uirements of users, is selected and suffi ciently dealt with.In the detail design phase, entities about which the system maintains data, have been specified and their relationship which are important to the system, established. The data items maintained by the system are also normalized in order to avoid redundancy with regard to inserting, deleting, and updating data into the database. Furthermore, a prototype database is designed to demonstrate how the proposed criminal record management system will operate in the real life situation. Finally, conclusion and recommendations are presenteain order to fiiglilight the findings of the study and for further completion of the analysis and implementation phases of the proposed system.Item The Enforcement of the Employment Rights of Persons with Disabilities in Ethiopia(Addis Ababa University, 2009-06) Ashagre, Shimeles; Teshome, Tilahun (PhD)Item Introducing Single Member Companies in Ethiopia Major Theoretical and Legal Considerations(Addis Ababa University, 2014-03) Edosa, Jetu; Keneaa, Zekarias (Associate Professor); Teshome, Tilahun (PhD); Abay, Solomon (PhD)Item Investment Limitations in and by Banks in Ethiopia(Addis Ababa University, 2010-01) Temechew, Getnet; Teshome, Tilahun (PhD)This research was conducted as an investigation into the complexities of the attempts of the Government of Ethiopia to control banking business by applying strict regulatory intervention and its impact on the participation of foreigners in the banking business in the country. To start with, the researcher accepts the universal argument that banks are unique from other business organizations. They are unique because they provide the most important contribution to any economy; they uphold the public trust and confidence; they are key players in the payment and settlement system for the government, business sector and households; they are deposit takers, liable for financial assets that are the property of the entire social system which are to be repaid, in full, on demand or on the date they are due; they playa major role in the allocation of finan cial resources, acting as an intermediary between depositors of surplus funds and borrowers in need of funds; they are highly leveraged: in comparison to commercial or industrial companies i.e. cash flow sensitive to meet repayments. This unique feature makes banking a risky business whose failure may result in systemic risk and necessitated special and strict regulatory intervention by governments. Among the various regulatory intervention mechanisms, investment limitation in banks and by banks themselves are found to be essential factors that affect them for good or bad. The nature and scope of investment in banks and by banks is regulated in different countries differently. At the same time, the performance and stability of banks have got a lot to do with the flexibility or strictness of the regulatory regime concerning investment in and by banks. The concerns related to protection of infant banking industry against POI & the regulator'S competency issues may not be neglected. But Ethiopian law is too strict in this regard. Hence, at least equity participation of foreigners is advisable.The other limitation on investment In banks is on national investors. As comparative study shows, limiting investment by 5% of the subscribed capital of a bank is too strict. This affects the capital mobilization capacity of banks in particular when viewed in r ela tion to total exclusion of FDI and prohibition of an influential shareholder not to invest in another bank. This intern directly affects the efficiency and competitive advantage of banks. Beyond that, this stringent restriction on national investors seems to be against the constitutional right of citizens to acquire property based on the theory of vested rights. Hence, if the intention is to control the power of influential shareholders, the researcher recommends that recognizing nonvoting shares is advisable. Indeed, the 5% restriction itself seems to be too strict because it affects the capital mobilization, competition capacity and efficiency of banks which needs some relaxation. Moreover, Ethiopian law has n eglected all related factors other than ownership as it does not regulate issues of pledgee and usufructory. With respect to the concern related to investment by banks, this research suggests that scope of economy of efficiency Vs undue affiliation with commercial entities, stability Vs systemic risk, the degree of investment risk Vs loan provision should be analyzed. On the other hand, it is argued that investment as a source of revenue needs due attention. As part of a concluding remark, the findings of the research confirm that it is difficult to qualify the advantages and risks associated with investment of banks in equity of commercial entities. Hence, without appriori assessment and qualification, it is not easy to suggest the optimal level of mixing. But, generally, comparative study shows that Ethiopian law takes a moderate position. Based on the result of the study, the researcher recommends that this issue demands furth er economic analysis /research.Item Investor-state Arbitration under Ethiopian Law(Addis Ababa University, 2018-06) Ketema, Beakal; Teshome, Tilahun (PhD)Item The Law of Corporate Taxation in Ethiopia(Addis Ababa University, 2010-01) G/Mariam, Berhane; Teshome, Tilahun (PhD)The taxation of business organizations generally falls into two basic models-“Corporate” taxation and “Partnership” taxation. Corporate taxation typically imposes a tax on the income of certain types of business organizations and also taxes the profits distributed to the holders of the ownership interests. The partnership taxation model, on the other hand, taxes the income derived by the organization directly to the owners whether or not distributed. This Paper assesses the treatment of corporate taxation in the Ethiopian tax law and argues that the corporate tax issues are not properly addressed in a manner that attracts corporate business investmentItem The Legal and Institutional Framework for Compulsory Third Party Motor Vehicle Insurance in Ethiopia(Addis Ababa University, 2009-03) Mekonnen, Assamen; Teshome, Tilahun (PhD)Financial responsibility laws in general and compulsory motor vehicle insurance in particular have basically one major objective--to make motorists financially capable of meeting accident liabilities and hence to guarantee compensation to the accident victim. Unlike other countries, Ethiopia recently promulgated Vehicle Insurance against Third Party Risks, procl.559/2008 in J anuary 2008, a compulsory insurance scheme with the same objective. The legal regime of this law includes the requirement of the law, indicating its obligatory nature, its scope of a pplication including any person even pedestrians except the in sured person, member of his family, the driver or any person employed on the vehicle , and insurance policies. Besides, the duties of the insurer and the insured, the provision of emergency medical care and the recognition of the yellow card system of the COMESA and SADC are basic substantive characteristics of the law. Turing to its institutional framework, the law makes motor vehicle insurance against third party ri sks involunta ry . Apy vehicle except those exempted, are expected to display stickers on their wind screens the failure of which entails a civil and criminal lia bility on the driver/owner. The police shall deta in the vehicle until insurance certificate is presented. An insurance fund for faults committed by uninsured and untraced vehicle is establis hed. Institutions which are believed to effectively enforce the law are indicated in the law even though, to the dismay of many, to this date enforcement of the law is not begun. This new law in its application would ce rtainly have its own positive a nd/ or negative effects on insure rs, acciden t prevention and owners of mOLOr vehicles. With less cost in rela tively s peedy procedures, victims of car accidents implemented. will get compensation at the time when the law isItem The Legal Framework For Electronic Contracts in Ethiopia with Special Emphasis on General Contract Law(Addis Ababa University, 2013-03) Entehawu, Gebrehiwot; Teshome, Tilahun (PhD)Contracts are obviously the heart of any transaction. The way contracts are concluded and executed is affected by the societal level of industrial and technological developments. Modern electronic communications, especially Internet, are widely employed at any contract phase. But contract laws were legislated at the time when Internet communications were unknown. As a result, conventional contract laws exhibit legal gap to regulate modern electronic contracts. In the same fashion, the Ethiopian Civil Code isn’t comprehensive enough to accommodate electronic contracts. Electronic contracts produce strange practices to the Civil Code on Contracts in General. Due to that, the validity of electronic contracts is still in question under the Code. Features of electronic contracts like consummation of consent, usage of automated agents, attribution of communications, input errors, time of contract completion, formality requirements, variation and notice delivery, privity of contract principle, admissibility and parole evidence rule of electronic records, aren’t addressed by the Code. Laws necessary to accompany wide usage of electronic contracts are not compatible with electronic communications in our country. Electronic contracts seek secure communication on the Internet highway but laws ensuring security of network communications are inadequate. Laws on consumer protection don’t protect consumers of electronic contracting. Internet Service Providers are the gateways of electronic contracting, but their civil liability to users of their functions is still not updated. Electronic contracting makes the privacy of contracting parties unguaranteed. The existing privacy protection laws don’t consider new privacy violation mechanisms over Internet communications. With this in mind, this work is meant to make a humble attempt at showing the legal gaps in the area and coming up with some points of recommendation for policy and law reform.Item The Legal Framework for Electronic Contracts in Ethiopia with Special Emphasis on General Contract Law(Addis Ababa University, 2013-03) Entehawu, Gebrehiwot; Teshome, Tilahun (PhD)Contracts are obviously the heart of any transaction. The way contracts are concluded and executed is affected by the societal level of industrial and technological developments. Modem electronic communications, especially Internet, are widely employed at any contract phase. But contract laws were legislated at the time when Internet communications were unknown. As a result, conventional contract laws exhibit legal gap to regulate modem electronic contracts. In the same fashion , the Ethiopian Civil Code isn 't comprehensive enough to accommodate electronic contracts. Electronic contracts produce strange practices to the Civil Code on Contracts in General. Due to that, the validity of electronic contracts is still in question under the Code. Features of electronic contracts like consummation of consent, usage of automated agents, attribution of communications, input errors, time of contract completion, formality requirements, variation and notice delivery, privity of contract principle, admissibility and parole evidence rule of electronic records, aren't addressed by the Code. Laws necessary to accompany wide usage of electronic contracts are not compatible with electronic communications in our country. Electronic contracts seek secure communication on the Internet highway but laws ensuring security of network communications are inadequate. Laws on consumer protection don't protect consumers of electronic contracting. Internet Service Providers are the gateways of electronic contracting, but their civil liability to users of their functions is still not updated. Electronic contracting makes the privacy of contracting parties unguaranteed. The existing privacy protection laws don't consider new privacy violation mechanisms over Internet communications. With this in mind, this work is meant to make a humble attempt at showing the legal gaps in the area and coming up with ·some points of recommendation for policy and law reform.Item The Legal Regime Regulating Coffee Trade in Ethiopia(Addis Ababa University, 2010-01) Berhe, Yared; Teshome, Tilahun (PhD)Coffee's role in the national economy of Ethiopia has been unparalleled for the past five or so decades particularly in generoting hard currency. Presently, about 25% of Ethiopian population depends on coffee for its livelihood. Owing to this, Ethiopian governments have been regulating the industry more strictly than other agricultural sub-sectors. Regulating the industry by pUlling legal framework started from early 1950s. Coffee auction system in contrast was set up in 1972. The legal and institutional frameworks governing coffee trade diverges across the three governments. During the imperial government, it was relatively liberal and had fairly positive impact to the industry. During the Dergue era, on the contrary, the overall regulatory regime including the coffee auction system was highly centralized which negatively affected the industry. The Transitional Government's market based economic policy on the other hand lifted most of the restrictions which enabled the country to export record amount of coffee. Yet, the coffee trade system including the coffee auction was similar. In August 2008, however, the Ethiopian government introduced a new legal and regulatory regime which replaced the former one. This regime, among other things, switched coffee trade from the auction system to commodity exchange model of trading. It is, however, understood in a different ways by different stakeholders. Some seriously criticized it and others applauded it. This work studies the detail contents of this new coffee trade regime and its implications to the coffee industry. The study was conducted based on document analysis, interview, and observation. The findings of the study show that the present coffee trade regime is generally good scheme for modernizing the coffee industry. Even so, there are many shortcomings arising from the very law and/or practice. This work points out the major ones and suggests some recommendations which the writer thinks to be appropriate.Item Regulation of Liquidity Requirements of Banks in Ethiopia: the Law and the Practice(Addis Ababa University, 2008-03) Assefa, Geleta; Teshome, Tilahun (PhD)Item Salient Features of the New Ethiopian Urban Land Lease Holding Proclamation No.72112011 and its Implications on the Ethiopian Economy(Addis Ababa University, 2013-03) Asgedom, Araya; Teshome, Tilahun (PhD)This paper attempts to analyze the salient feat ures of the new Ethiopian urban land lease holding Proclamation NO.72112011 and its implications on the Ethiopian economy. Today the new lease holding proclamation has become a burning agendum of discussion throughout the country. This proclamation prohibits the allocation of urban land other than through lease holding and designs a general direction through which all urban land holdings will in the future be converted to the lease system. Moreover, it highly restricts transfer of use right on urban land, provides unreasonably short time for commencement and completion of constructions, stipulates strict measures for failing to commence and complete construction within the time and restricts the right to appeal of aggrieved parties. In order to identify the implications of the proclamation on the Ethiopian Economy, the writer has consulted various literatures and collected information tlu'ough interviews and focus group discussions with different concerned bodies. Based on this it has been founded that the changes and restrictions introduced by the proclamation have a negative bearing on the transaction of immovables i.e. , land and buildings, security of tenure of urban residents, the construction industry, banking services, urban housing service, the market and investment. This in turn affects money circulation, job opportunity and the income of both individuals and the government which has a negative influence on the country's economy. The paper also attempts to show that there is no provision under the FORE constitution which provides that all urban residents will be allocated urban land through the lease system. It is also indicated that the lease system designed by the proclamation which in principle allows land allocation based on tender does not take in to account the capacity of most urban residents and thus such residents as they are also joint owners of the land should be allowed a plot of land based on the permit system at least for residential purposes. Moreuvcr, it is stated that the govenunent should not impose any restriction on transfer of properties .attached with the land as long as individuals pay the required transfer tax and related charges. It is argued that the period of payment of lease, commencement and completion of construction should take in to consideration the prevailing realities on the ground. It is also recommended that the government should pay compensation at market price for the propeliies attached with the land and the permanent improvements on the land to the lessee when the < contract of lease can't be renewed because of the fact that the appropriate body refh sed to renew the lease contract when the land is needed for public interest. It is also stated that aggrieved pArties should be entitled to take their appeal on all issues to the regular courts regarding urban land clearance. It has also been indicated that rather than trying to amend the proclamation through a regulation the government should amend the proclamation itse lf as a regulation which is enacted to implement the proclamation cannot legally amend the sameItem State Responsibility for the Protection of Rights of Children Deprived of their Family Environment: The Ethiopian Perspective(Addis Ababa University, 2009-03) Tekle, Solomon; Teshome, Tilahun (PhD)The international, regional and natiollal systems recognize the right of children deprived of their ftunily environment and the right to special protection and assistance to be provided by states. However, in many countries, weak infrastructure alld limited distribution systems complicate the right to access to proper alternative care mechanisms as stated under the CRC and ACR We. This has resulted in the realization of children's right to alternative care setting a difflculty. Ethiopia has ratified a variety of international and regional hUJ1J.an right instruments and has adopted constitutional provisions on the rights of the child. However, mere ratification and adoption of treaties does not warrant the applicatioll of the right itself. CDFE in Ethiopia wonder on the streets because they have no families, food, hOllle or shelter, sometimes abused by adults, anc/lor other children. All what these childrell have ill common is the total absence of the special safeguard and care which they need by reason of their physical and mental immaturity. In the presence of these grim realities about CDFE, the countly cannot be said to have discharged its responsibility under international and regional human rights laws. CDFE are vulnerable. They are vulnerable because they are deprived of a natural environment for their growth and well being. In view of this, they are in more need of protection by governmental and non-governmental organizations. The recognition of this need emanates from the numerous legal .1nd non-legal instruments adopted at domestic, regional and international level. There is an abundance of mechanisms and machinelY in place, both on the national as well as on the international scene. However, forther has to be dOlle to make the rights of CDFE a reality. Ethiopia has to study, analyze, and attack causes and factors that give rise to human rights violations of CDEF. To that effect, revision and implementation of laws, policies and programs that combine the provision of services and social and economic opportunities, the protection of the vulnerable and their meaningfid participation are essential to address the current crisis of children deprived of parental care. There is no single blueprint for success - no "one size fits all" approach to find answers to these complex issues. Responses must be adapted to the individual child in his or her unique circumstances.