Law

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Procedural Safeguards of Privilege Against Self•Incrimination Under Fore Constitution
(Addis Ababa, Ethiopia, 2001) Allye, Mehamed; Merso, Fikremarkos(PhD)
Procedural Safeguards of Privilege Against Selfincrimination Under Fdre Constitution
(Addis Ababa, Ethiopia, 2001) Allye, Mohamed; Merso, Fikremarkos
Liability of Banks and their Officers in Ethiopia for Fraudulent withdrawal of Money by third Parties
(Addis Ababa, Ethiopia, 2001-05) Dereje, Dinka; Abay, Solomon (PhD)
Banking frauds are the real challenges adversely affecting the trust between banks, their customers, and the national economy amid the seamless nature of banking technologies. The study is to analyze liability for fraudulent withdrawal of money by third parties in Ethiopian bank systems, employing a doctrinal research method through collecting primary and secondary data from different legal documents and cases that are purposely sampled for the analysis. The finding of the study indicated that Ethiopian banks system is becoming highly vulnerable to such frauds, and the problem is further exacerbated by poor data system, low understanding of the risk by the bank customers and loose standards governing the bank employees, banking technologies and infrastructure. Yet, absence of clearly stipulated laws on who should bear the liabilities sustained by such acts made preventive measures and the retribution less effective. As the result, the study recommends mass education for the bank customers on the types and extent of vulnerabilities to such bank frauds and strong and updated laws to solve disputes related to liability, and employing banking technologies with updated and multilayer security features.
An Assessment on the Major Substantive Design Aspects of Ethiopian Excise Tax Law
(Addis Ababa,University, 2001-09) Lemma, Mequannet; Ashagre, Aschalew (Associate Professor)
An excise tax, if designed and implemented properly, has various socio-economical advantages. In this connection, the research has the objective of evaluating the Ethiopian excise tax law with a particular attention on its central substantive design aspects. The research has, therefore, employed a doctrinal legal research method in order to analyze the core design issues informing an excise tax law generally and Ethiopian excise tax law in particular. To this end, both primary and secondary sources of data are utilized. Therefore, the author consulted authoritative legal documents (constitution, proclamations and directives) persuasive literatures and explanations (books, journal articles, academic publications, researches, website sources and interviews’). The research has found out substantive design problems under the Ethiopian excise tax law. This includes its predominant use of ad-valorem charging method for unhealthy items like tobacco and alcoholic beverages, an indiscriminately extremely higher rate of tax and the consequent complexity in imposing excise tax on vehicles, imposition of excise tax on large list of items and its neglect on the adverse effects of the tax imposed on essential inputs for the entertainment industry, like camera, and on non alcoholic beverages. Based on the findings of the research important recommendations are suggested. First it is essential to make the law simple, objective oriented and ease administration, by utilizing specific charging method for those items considered harmful, simplifying the complexity followed in imposing the tax on vehicles and reducing the higher tax imposed on such essential utility vehicles like tractors. Secondly, a due consideration should also be given to the effect of the tax on the overall economy and its effect on employment and investment when taxing items like sugar, salt, non-alcoholic beverages and essential inputs of the entertainment industry.
The Protection of Human Rights in Times of Public Emergencies: An Analysis of Ethiopian Covid-19 Response
(Addis Ababa,University, 2001-09) Dereba, Befekadu; Alemu, Girmachew (PhD)
Covid-19 pandemic has presented a practical challenge, resulting in human rights violations and affecting society's life around the globe and Ethiopia is not an exception to this. To combat the spread of the COVID-19 pandemic, the Ethiopian government declared a national state of emergency. The measures have both negative and positive impacts on the protection of human rights. In Addis Ababa, there are some positive efforts made by the government to protect the people from the pandemic and fulfil their right to health. It provides the public with protective and sanitary equipment, raises awareness about the pandemic, and provides food, and shelter for the needy particularly in the early stages of the pandemic. However, some of the measures taken are not consistent with human rights principles. As a result, during the implementation of the measures, people were subjected to various forms of harassment by law enforcement agents. People were also denied the right to seek redress in a court of law; their movement and freedom of assembly and expression were severely restricted; and prisoners were denied visitation and detained for long periods of time without being charged or granted bail. Domestic violence and discrimination against women also increased. This paper analysed critical human rights concerns arising from the measures taken by Ethiopia to respond to the Covid -19 pandemic by touching the State of Emergency Proclamation, Regulation, post-state of the emergency directive and the practice. The paper argues that the Ethiopian Government disregards some human rights standards in responding to the pandemic. In contrast, the measures resulted in the violation of different human rights. The state should follow a human rights based approach in dealing with pandemics such as covid-19.
Assessment of the New Ethiopian Investment Law in Light to Ethiopia’s Accession to the WTO: The Case of the Air Transport Sector
(AAU, 2001-09) Asgedom, Gidey; Belete, Martha (Associate Professor)
Air transport is regulated by the Chicago Convention, ICAO, and IATA, other regional and international arrangements. It is also governed by countries’ Bilateral Air Services Agreements (BASAs). The WTO, although it excludes the air transportation in general, it included some subservices (MRO, the selling and marketing of air transport services and CRS) in its AATS. To clarify the exact scope of the AATS and to check-up the interest of members regarding the continuity of current exclusion of “traffic rights and services directly related to the exercise of traffic rights” the Council of Trade in Services reviewed the AATS twice: first review (2000 - 2003) and second review (2005 - present) though it is not successful yet. Ethiopia formally submitted its formal request for WTO accession in January 2003 through the accession process was stagnant for about eight years until the current Prime Minister, Abiy Ahmed (PhD), came to power with some changes to the previous investment policy and resumed the accession process in June 2019. The New Investment Law has made many changes to the air transport sector: lifting the 50 passengers’ aircraft seating capacity in the previous investment law and made a new partial liberalization of the international air transport service and domestic air transport service, but the travel agency, travel ticket sales and MRO are reserved for domestic investors. To this end, the researcher has assessed the new investment law considering Ethiopia's WTO accession using qualitative and descriptive methodology. In contrast to the AATS, the New Investment Law is as restrictive as the previous Ethiopian investment law though it has partly liberalized the major service of the air transport. Thus, the researcher concluded that the air transportation under the New Investment Law could be a challenging issue to Ethiopia's negotiation team to the WTO. Finally, the researcher provided some recommendations to be taken by the Ethiopian negotiation team, by the Ethiopian legislation and the WTO.
The Role of Delivery in the Transfer of Ownership and Risks in Sale of Corporeal Chattels under Ethiopian Law: A Comparative Study
(Addis Ababa University, 2002-05) Tesfa, Yonas; Keneaa, Zekarias(Assistant Professor)
Breach of Warranty and its Remedies under Ethiopian Sales Law (A Case Oriented Analysis)
(Addis Ababa University, 2002-05) Saketa, Surra; Keneeaa, Zekarias(Associate Professor)
Surety Bonds and Companies Rendering Bonding Services in Ethiopia: The Law and the Practice
(Addis Ababa University, 2004-12) Nigussie, Bekele; Abera, Getachew (PhD)
A bond is a written acknowledgment of debt or an instrument of indebtedness. Bonds are of different types .The bond that is issued by a surety is called surety bond to di stingui sh it from the other types of bonds .A surety bond is a document in which a surety (an individual or a company) undertakes an obligation towards a creditor to di scharge the obligation of the principal debtor should the latter fail to do so .In other words a surety bond is a document in which the contract of suretyship is contained. Compan ies, which are engaged in the business of surety bonds, are called surety or bonding compan ies .In other countries, in add ition to surety companies, which are specialized in rendering bonding services, banks and insurance companies also render such services. Here, in Ethiopi a, we never had speciali zed compani es, which have been formed purely for rendering bonding services. Until recentl y,o nly banks and insurance compani es have been engaged in bonding businesses. Since the last two years, however, the Nati onal Bank ofEtiIiupia has prohibited insurance companies from issuing certain types of bonds. Therefore, the main purpose of thi s study is to investigate the root causes for the imposi ti on of such prohibition and at the same time find out whether there is a di sparity between the law and the practice of rendering bonding services, whether there is the required skill , knowledge and experience of the bonding business in Ethiopia and finally, find out whether the prohibiti on imposed by the National Bank of Ethiopia is justified or not. For this purpose, a survey of literatures on contractual security dev ices both from the common law and the civil law countries has been made .A study tour to some of the head offices of banks and insurance companies has been undertaken. Some bond forms have been scrutinized to find out whether such forms are compatible with the law of suretyship or nol. Finally, in this stud y, an attempt has been made to show the di sparity betweel. the law and the practice of bonding business and a conclusion has been reach ed th at,in general ,there is lack of the required skill, knowledge and experience for running the bonding business in Ethiopia ,and that the prohib ition imposed on insurance companies not to issue certain types bonds is unfounded and unjustifiab le.
The Problems of Incentive Regimes of Private Foreign Investments in Ethiopia: The Law and the Practice
(Addis Ababa University, 2005-05) Ali, Assefa; Dorsey, Harold (PhD)
For a large country- the seco nd mos t populous in Africa- with grea t potential, in terms of re so urce e nd owment and geographi ca l position , it should be considered an attTactive location for fore ign private in vestment. However , the qu an ti ty of foreign private in vestm ent that entered the co untry in the past decad e was disappointedly small when co mpared to other counh' ies in the reg ion . The cu mulative foreign private in vestment in flo w to Ethiopia for the period 1994 to 2000, a tim e of economic growth and rapid private se ctor development , illustrate s thi s point clearl y. Thi s is because th e problems the nation ha s in the area s of policies, laws practices and incen tive sc he mes of fo reign pri vate in vestment. The propo sal serves as a fi 'a m ework to di scuss pri vate foreign in ves tme nt inflow to Ethio pia; the parti cular probl em , th e evolution and CUlTent form s of incentive regimes and the experience of enacting and implemen t in g these sche mes. It is argued in thi s study that c urrent in centive sc heme s problems are rooted in th eir ina bility to become a means of attracting private fore ign inves tment-foreign ca pita l inflow . Certain l y, competi tion is one major reason for the dramatic increase in in ves hnent induceme nts. Whethe r n ation is pitted against nation, or rc g ion again st region, govel11m e nt s want to brin g to the ir own specific areas of jurisdiction t he jobs, tec hnology trans fe r, and oth er beneficial parts of the s o-called pac ka ge, which acc ompani es foreign direct investment. Consequently, just as the export s ubsid y war ha s heated up in recent year s, so ha s th e inves tment-incenti ve battle. Sim pl y for the sake of re maining in th e incentive ba ll ga me, nations, which already have high ly attract ive market systems, are no w offerin g oth er in vestm e nt sweeten ers. In certain re spects, th e incentive war is ludi crous. Thus the lure of investment in centi ves is the number on e "weapon" to win th e batt le o f gra nt ing in vestme nt- incenti ve sc hemes . The second moti vation for governme nts to o ffer investme nt incenti v e s is to attempt to offset condition s w ithin the host country, which ar e wOlTi s ome to multinational enterpri ses. Thus the study tTaces theoretica l and legal fi'ameworks of developin g countries w hi ch woul d serve a s a standard against which Ethiopian policy, legislation and prac ti ce in the area should be judged; and the prob lem s of the in centive reg im es of pri vate foreign i nvestme nt in Ethiopian in vestm en t laws and practices, outlining the areas in whi c h both the lega l system a nd practice of pri vate fo r eign investment fails both businesses and individ uals in the three successive regimes
Impact of Security of Rural Land Tenure on Development and Environment in Ethiopia
(Addis Ababa University, 2005-05) Antoine, Belachew; Tamrat, Emiru (PhD)
Ethiopia being predominantly an agrarian COIIIIIIY, the peljormance of agricultural sector significantly influences the peljonnance of other seClOrs o/i/le economy. There is an agreement that Elhiopian agriculture is in a velY bad shape. /-1 -is still as vulnerable as it was 20 or 30 years ago. The COu/llly is listed among the.food d~ficil countries of the world. The Iraditional fanning practices wilh lillie or no soil conservation measures have signijicalllly eroded the fertility o/Ihe soil. Environmental degradation in Ethiopia is enormous and increasing at an alarming rale. The major environmental problem in our COUlltly loday is land degradation. The problem is mainly caused by lack oUnveslment on indigenous land conservation techniques and abandoning land improvement and management practices such as terracing, bunding, lIlulching, fallowing, crop rotation, plall/ing nutrielll:fixing crops. ele. In light 0/ Ihe foregoing Ihis paper allemplS 10 examine Ihe relalionship belween environmental condilion and land lenure. The paper mainlains Ihat land tenure can promote land use practices Ihat serve 10 enhance Ihe environmel1l or il can harm the environment. Insecure land tenure is linked to poor land use which in tum leads 10 land degradalion. Lack of clear righls 10 land can reduce Ihe incentive 10 implemenl longIeI'm conservalion measures. II discourages peasanls 10 use such long-Ierm measures and inslead leads Ihem 10 concenlrate on getting whalever they can I/OW \vilhoullooking inlo the .fillw'e. The paper argues that in the Ethiopian context tenure insecurily is 10 a large eXlent attributable 10 periodic land redistribulion which is carried oUIji'om lime 10 time. The paper .fill'lher argues Ihat Ihe underlying cause of lenure insecurity is Ihe policy of public ownerslnj) of rural lands, which policy makes land redislribulion possible and suggesls Ihal the practice 0/ land redislribulion should be halted immed ialely.
The Law Applicable to Concession Agreements: The Ethiopian Case
(Addis Ababa University, 2005-05) Worku, Muluneh; Abera, Getachew (Associate Professor)
Development Journalism in Ethiopia: Examining the Ethiopian Broadcasting Corporation’s Watchdogging Role of Fundamental Rights and Freedoms
(Addis Ababa Universty, 2005-06) Zegeye, Muluneh; Kassa, Tadesse
The central focus of this study is on assessing the effects of the practice of ‘development journalism’ model of media functioning in the Ethiopian Broadcasting Corporation on its wider roles as a watchdog in the protection and enhancement of fundamental rights and freedoms of citizens. Specifically, this thesis attempts to assess the media policy of the country and the programs produced by EBC which fits the watchdogging role of fundamental rights and freedoms in their content with nine key informants’ ideas to show how the development journalism approach in practice has been affecting the quality of EBC’s presentation of human rights issues accurately and persistently. The study employed mixed approach, both qualitative and quantitative. The researcher used both primary and secondary sources of data. Primary data were elicited through in-depth interviews with key informants whereas secondary data were gathered from sources like books, articles, official documents and other pertinent publications. Selected programs produced by EBC-1 were also examined. After examining the ‘development journalism’ policy documents of a country, ascertaining the view of key informants, content analysis of selected programs of EBC-1 productions and other written documents, the study has come up with the following findings. The Ethiopian ‘development journalism’ policy document didn’t consider watchdogging role of the EBC (state media) as a noble role that media could play. It considered such media as instrument to achieve development. It framed EBC to stand with government policies and strategies, and initiate the public to participate in development endeavors of the government. The watchdogging role of fundamental rights and freedoms is negatively understood. Hence, most of program presentations in EBC are positively discharged, even though there are many defects in the country which needs to be covered. The EBC’s coverage of human rights issues and ability of entertain diverse opinion is weak. The approach of reporting is also top-down approach. However, the study also showed that EBC has been producing some productions which are playing role in protection and promotion of human rights like Aend Le Aend (one to one) program, and some sessions of its documentary series. But, such programs are subject to frequent interruption and change. Under this situation the challenges like, absence of editorial independence, inadequate budgeting for investigative programs, lack of professional journalists, self-censorship … preclude EBC from performing watchdogging role of fundamental rights and freedoms of citizens.
The Role of Anti-Corruption Initiatives to the Realization of the Right to Development: With Particular Reference to Ethiopia
(Addis Ababa University, 2005-06) Andargie, Destaw; Aberra, Getachew (PhD)
The ri ght to dcvelopment (RTD), which is a comprehens ive concept, embracing virtually all human right s, and const itutes in econom ic, social. cultural and politica l development. in wh ich all human rights and fundamental frcedoms can be fully realized, has been recognized as an inalienable human right. Conversely, corruption runs d irectly counter to the economic, socia l. cultural and political development endeavors of a nation. It particu la rly worsens the already harsh socio-economic conditions in poor countries, such as Ethiopi a . The real enigma is that. whereas corruption is ruinous to overall development, underdevelopment is in part responsib le for the perpetuation of corruption. Very clearly, corruption and underdevelopment reinforce each other tor each other's subsistence. Indi sputably, therefore, the reali zation of the RTD requi res breaking the vicious c irc le, wh ich in turn presupposes the elimination of corruption. Corruption and underdevelopment being major problems of third world countries such as Ethiop ia, the paper is aimed at ex ploring and depicting the complex d ilemma of relationsh ip between the two monumental problems, and converse ly, the role anti corruption movements can play in the realization of the right to development. It tries to scrutinize the conceptual and pract ical issues surrounding the problem. This paper embraces four chapters. The opening chapter is meant to int roduce the overall object ive of the researc h. The second chapter takes up the issue of con:Llption and grapples to clarify the nature, the root causes and debilitating consequences of corruption. It also attempts to figure the problem in the Ethiopian context. The theoretical underpinnings ot'the ri ght to development as a human right. the particular significance o f' such a right to unckrde\'e!oped countries. such as Ethiopia . and the status of' this right in the nat ional and ime rnational legal li'amellorks lI'ill a lso be examined under the thi rd chapter. Chapter four grapples lI'ith the profound corre lation between corruption and underde\·elopillent. It also tries to identil' possible lIa\'5 o f' integrating anti corruption in itiatives into the promotion and implementation of human rights s ituati ons in general and the right to de\dopmem in particular. Finall\·. some concluding remarks. whieh esscntialh' suggest mechanisms of' streamlin ing anticorruption efforts to redress the s ituation . lIinciup the paper.
The Law and Practice of Power of Sale Foreclosure in Ethiopia
(Addis Ababa University, 2005-06) Shiferaw, Adamu; Kencaa, Zckarias ( Professor)
It has been alleged th at judicial foreclosure, owing to its lengthy process has res ulted in bad business culture, which in tum, has adversely affected the income of banks and the banking business in particular and the interest of the segment of the public who deposit money with banks in general. And the recent laws of power of sale foreclosure (proclamation No 97/1998 and 98/1998) have been issued believing that the issuance of these laws would redress the said problems. The study analyzes and identifies the problems surrounding the laws and practice of power of sale fo reclosure in Ethiopia. The study concludes by recommending alternative solutions which would help not only collection of bank loans but that fairly serves all classes of creditors and debtors and enable investment and business to flourish.
Powers and Liabilities of Board of Directors under Commercial Code of Ethiopia: Law and Practice
(Addis Ababa University, 2005-06) Gurmu, Kefene; Ghebray, Berhane (PhD)
The Role of the ILO Supervisory Body in Ensuring Ethiopia's Compliance to International Labour Standards: A Legal Perspective
(Addis Ababa, Ethiopia, 2006) MolIa, Fekadu
There has been a more than 75 year's old tight relationship between ILO, which is the oldest sectorial international organiz.,tion and it's first African member: Ethiopia. This means, it has been three qnarters of a cenl1lry since Ethiopia has agreed to undertake her responsibility of membership up on admission to the organization. Edliopia, as any odler member state to the ILO is expected to assist and take part in dle orgaIlization's endeavor to set international mitlimum labour standards, promote ratification of mternationalla our conventions and evaluate dle application of dle sanle by member states. Among the numerous numbers of ILO Conventions eight has been selected as fundamental and their application in the member state is given a priority attention. Edliopia has ratified all of dlese fundament:
Agency under the New Draft Private International Law of Ethiopia
(AAU, 2006) Andualem, Girmaw; Abebe Abera
The Need for State Sponsored Legal Aid in Civil Cases
(Addis Ababa University, 2006-06) Erkyhun, Habtamu; Zeyohannes, Seleshi (PhD)
Extension of Time and Liquidated Damage under Different Standard Construction Contract Forms
(Addis Ababa, Ethiopia, 2007) Mulatu, Dessie
In principle construction work set out a date in which the particular contractor is obliged to complete the work. The contractor should complete the work on the specified date stated in the contract. However, the practice shows that there are difficulties on the part of the contractor on the specified date to complete the work on the specified date. This might be attributable either to lack of calculation the in estimation of completion date or other factors that threatens the smooth running of the project. It might be the employer fault, the contractor fault or neutral events. Given the fact that there is potential for delay to occur in construction industry it is perhaps surprising that any construction work is even completed on the specified contract time. It is a lready stated that the contractor might encounter several delaying circumstances during of the course of the work. This might justify the inclusion of the mechanism that deals with delays which likely to affect the completion date. This is the concept of "extension of time" clause. It allows the party to revise the contract period under the specified grounds. 'Extension of time' clause has importance for the contractor and the employer. Extension of time might reduce the contractor's risk in relation to delay by entitling him a time for completion. Other wise he will be subjected to liquidated damage. On the part of the employer it preserves the employer's right to liquidated damage due to act of prevention (faults of employers). It is not untrue that it is only for events stated in the contract as a relevant event justified as a ground for extension of time. It might be neutral events like force majuere of events due to the employer. Most standard contract forms framed broadly so as to include both events. If the contract period lapsed due to employer's fault and this is not included as a ground then there is a possibility that time will be at large. In this case there is no specific completion date. The contractor is expected to complete in a reasonable time. The issue as to the link between extension of time and the recovery of loss and expenses or extra cost for extended period is controversial. Most standard form stated that the linkage between the two lies on the fact that whether the delay is due to neutral event or the fault of the employer. If the delay is due to neutral event, the contractor will not recover the loss and cost for extended time. The contractor bears his own cost (the loss lies where its falls). Whereas if the delay is due to the employer fault, the employer is liable to pay for the loss & the costs. It is a lso important to note that the inclusion of extension of time clause does not automatically justify extension of time unless the contractor complies with the procedural and substantive element in the contract. The contractor is obliged to give notice for any delay with its details. Moreover the contractor is entitled to extension of time only if there is delay due to relevant events that affect critical path (completion date). Finally most standard forms widely practiced in Ethiopia recognize liquidated damage as a remedy if the contractor fails to complete a work on time. The inclusion of liquidated damage clause and the existence of certain completion date is a prerequisite. Moreover, the amount of liquidated damage should be a genume pre-estimate and should be recovered without court proceedings.

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