Law

Permanent URI for this collection

http://etd.aau.edu.et/handle/123456789/102

Browse

Now showing 1 - 20 of 617

The 2015 Paris Climate Agreement; Policy and Legislative Implications for Ethiopia
(AAU, 2017-06) Taffese, Ruhama; Zeleke, Dereje (PhD)
This paper assesses the policy and legislative implications of The Paris Agreement for Ethiopia.in examining this issue, it discusses the global as well as the national climate challenge posed currently and the international legal steps taken as a response to this challenge. Climate change has become an undisputed fact and it is threatening the globe, and this is why states have tried to come up with international law solutions for the past half a century. The most resent of these is the 2015 Paris climate agreement under the United Nations Framework Convention on Climate change. This paper explains the basic structure of and commitments under The Paris Agreement. The paper argues that there has been a big step taken by Ethiopia towards the implementation of its policy commitments under The Paris Agreement, although the practicability of these policy instruments is not yet proved positive. This paper also argues that there has been no binding legal instrument, in Ethiopia, with regards to climate change in general and The Paris Agreement in particular and therefore recommends the issuance of such laws before 2020.the paper also concludes that the existing environmental policy of Ethiopia seems to be neither exhaustive nor specific of climate change issues under The Paris Agreement and recommends that its revision under progress becomes considerate of this.
The 2018 Transition of Ethiopia towards Constitutionalism: Challenges and Opportunities
(AAU, 2020-02) Dereje , Mihiret; Abera Degefa (PhD)
This thesis aims at addressing questions such as what is political transition, what is constitutionalism and what is the nexus between transition and constitutionalism. It answers whether there is political transition in Ethiopia in 2018 and addresses the challenges and opportunities of the 2018 transition towards constitutionalism. Apart from theoretical explications, the discussion is backed up by examination of the practical scenario of the country. Moreover, in addition to a discussion on the theoretical aspect of transition and constitutionalism, the thesis examines how transitions should be governed for successful democratization. After discussing all the above issues, the author argues that, in 2018 a reform type political transition has taken place in Ethiopia. The reform brought both opportunities and challenges towards ensuring constitutionalism. The author recommends the government should go forward in the positive beginnings and take legal action against the unwanted outcomes of the transition to ensure constitutionalism.
Accelerated Accession of Least Developed Countries to WTO under the 2002 and 2012 Guidelines
(AAU, 2017-05) Tariku, Betelhem; Fikremarkos Merso (PhD)
The Activation of the International Criminal Court’s Jurisdiction on the Crime of Aggression: Opportunities and Challenges to the Realization of the International Criminal Justice
(Addis Ababa University, 2019-01) Sinishaw, Frehiwot; Birmeta, Yonas (PhD)
This paper examines the consequences (opportunities and challenges) of the recent activation of ICC’s jurisdiction on the Crime of Aggression (COA), after a long debate and reluctance to criminalize the act. It analyzes this activation’s merits in realizing international criminal justice, i.e. promoting reconciliation leading to peace and security, preventing human rights violations and suffering by deterring future crimes, redressing victims of aggression etc. In addition, it analyzes the possible challenges that will inevitably emerge hindering the attainment of these opportunities. The general challenges of the ICC like political influence, lack of State cooperation, a problem of selectivity, financial problems etc., as well as other specific challenges, will directly affect the prosecution of this crime. Hence, this paper gives, among many others, recommendation for developing a tight relationship between different stakeholders for discussing issues regarding this crime, so as to tackle the negatives in order to obtain the positives
Administrative Agencies Power in Ethiopia with Particular Reference to Administrative Rule Making: A Comparative Study
(Addis Ababa University, 2015-05) Getachew Negussie, Mesfin; Abdo, Mohammed (PhD)
In any democratic setting, the law making power certainly and indeed, rightly belongs to the legislature. Going through the literature however, one cannot but acknowledge the existence of the practice whereby the executive enjoy considerable law making power in addition to its usual executive power. It is incontrovertible that the practice is a negation of doctrine of separation of powers. But the practice seems inevitable given the exigency of modern governance. As such, certainly, the idea of delegation of law making powers to administrative bodies has come to stay. This is however depends on certain conditions, inter alia, that the power under which the later emanates is that of delegable, the power should properly delegated, and must be exercised within the scope by appropriate authority. Despite this universally accepted and in fact applied principles, legislatures at both federal and Oromia national regional government may not lay down any policy at all, declare its policy in vague and general terms, not set down any standard for the guidance of the executive, confer and arbitrary power to the executive to amend or modified the policy laid down in the parent act, with out reserving for itself any control mechanisms over subordinate legislation. In addition to the lack of a practical limitation on the part of the legislature that give rise to excessive delegation, as well as due to luck of any standards that limits the exercise of delegated power, the problem is more aggravated due to lack of post control of administrative rule making power in Ethiopia. Despite the existence of legal basis, other organs of the government like the court and the higher executive organs have no administrative rule making control mechanisms. Due to these, administrative rules making power have been left with out legal and practical limitation at both federal and state level. With this in mind, this work meant to make a humble attempt at showing the problem with practice and the legal gaps in administrative rule making power, procedure and control mechanisms and coming up with some points of recommendation for policy and law reform.
The Afar Customary Criminal Justice System: Towards its Better Accommodation
(Addis Ababa, Ethiopia, 2017-06) Ahmad, Osman; Abdo, Muradu (PhD)
The state in Ethiopia is failed to enforce its laws effectively and it has also failed to recognize those customary practices officially and sufficiently, though there is a de facto accommodation of customary practices in most parts of the country such as the Afar region. This research has aimed at disclosing the problems of accommodating the customary criminal justice systems in Ethiopia, focusing on the ACCJS (mad'a) and recommending the possible solutions at the end. The research is a mixture of both doctrinal and none doctrinal and qualitative in nature. It has used both primary data collected through in-depth interviews using the purposive sampling method and also secondary data taken from varieties of books, journal articles, official documents, reports, etc. The research findings have disclosed that The ACCJS is a widely applicable traditional mode of justice and the community uses this system as a primary source for all legal disputes. The general publics' opinion of the Afar people towards their customary dispute resolution is highly supporting and favoring the preservation of the current practices. In addition to this, almost all of the informants support the side by side operation of the two systems, with collaboration of one with the other and the harmonization of the two systems to render better service to the general public in the region. Particularly, it is an ambition of the majority that the Afar customary criminal justice system is given official recognition by the formal justice sector employing the best modes of accommodation based on the country's context. At the same time, there are a number of conducive issues that can help the accommodation of mad'a by formal system such as the comprehensiveness, uniformity and regularity of mad'a and the de facto accommodation by the regional government, implicit tolerance by the federal state and some newly developed policies and draft laws at federal level, inclining to the authorization of the ADR system in criminal adjudications in the country, etc.
AfCFTA: Its Challenges and Prospects for the Realization of Sustainable Development Goals (SDGs) in Ethiopia
(Addis Ababa, 2021) Teferi, Yeabsra; Merso, Fikremarkos(Associate Profesere)
The Agreement of AfCFTA, which was signed by Ethiopia on the 21st day of March, 2018 and ratified by the FDRE House of Peoples Representatives at its session held on the 21st day of March, 2019, has been recently launched in the country. Ethiopia has also adopted, in 2015, the UN’s Agenda 2030 on the sustainable development, which has 17 different goals. The implementation of AfCFTA agreement has prospects and challenges on the realization of sustainable development goals (SDGs) for the continent and for each State Party to the Agreement. In this regard, the prospects and challenges of membership of Ethiopia to AfCFTA on the realization of the SDGs of Agenda 2030 must be studied to use the potential benefits and minimize the possible challenges. Hence, the paper critically analyzes the prospects and challenges of membership of Ethiopia to AfCFTA agreement on the realization of selected SDGs of the UN’s Agenda 2030 (i.e., G2, 8 & 13).
Affiliate Companies in Ethiopia: Analysis of Organization, Legal Frame Work and the Current Practice
(Addis Ababa University, 2010-01) Waritu, Mehamed Aliye; Yohannes, Ato Seyoum
The formation and of operation of affiliate companies have become an enterperunreial reality in contemporary society. These companies have the freedom to determine the size and boundary of their organization , and in so doing they limit (and some time evade) their legal duties since they are characterized by their unity as commercial enterprise and their legal diversity (multiplicity) and legal segregation and insulation and member companies .Such a gap between organizational and legal structure in the realm of affiliate companies have been the subject of many academic discussion and there are also judicial and legislative development in the area, a tendency for special regulation in the interest of minority shareholders and creditors of the member company in the group particularly in the civil Law legal system. The paper endeavors to investigate the organizational structure of officiate company in Ethiopia and analyzed with the rules on joint holding, limitation on acquisition of bank shares, rules on liability of directors officers and managers and consolidation in bankruptcy. Apart from the absence of special regime and the insufficiency in the existing legal rules; courts, practitioners and regulators are not familiar with the legal consequences of opera ting affiliate company. So to curb problems presented to interests allied with affiliate company organizational structure such as creditors; judicial actions under the existing legal framework and legislative reform of the subject under consideration is recommended.
African Continental Free Trade Area and Consideration for Environmental Protection
(AAU, 2020-05) Gabru, Yared; Damtie, Mellese(PhD)
Members of the African Union have adopted AfCFTA in 2018. The thesis analyses how and to what extent the agreement has integrated environmental matters. It argues that the members have followed a short-sighted path of economic growth which neglects environmental consideration in a continent which is suffering from severe ecological stress. To that end the study recommends the amendment of the agreement itself and the adoption of environmental cooperative agreement within its framework with the objective of making it greener.
The African Internal Displacement Problem and the Responses of African Union: - An Examination of the Essential Features of the AU IDPs Convention
(Addis Ababa University, 2010-01) . Hammad, Salah S (PhD)
The African Regional Economic Integration Agenda, the African Continental Free Trade Area (AfCFTA), and the Future of the Regional Economic Communities (RECs)
(AAU, 2020) Abebe, Hanan; Merso, Fikremarkos(Associate Profesere)
This paper aims to analyze the AfCFTA agreement and RECs' future with the establishment of the AfCFTA. The Abuja Treaty is the benchmark for economic integration in Africa; it lists six steps for forming the AEC. The study's findings show that the AfCFTA is an independent legal instrument from the Abuja Treat with its institutional structure; however, its in line with and facilitate the objectives of the Abuja Treaty. The AfCFTA states it has the objective of resolving multiple and overlapping memberships, yet it provides for the RECs' existence after the formation of the AfCFTA. Since the RECs have an independent personality, there is no legal ground for termination of the RECs, with that state parties should consider having a protocol of merger. The development of African countries is different, and they have a low level of manufacturing capacities. Therefore, to utilize the benefits of the AfCFTA by every member states, there is a need to have a strategic shift in production and address NTBs that hinder intra-African trade
African Union Intervention in the 2015 Burundi’s Crisis: Aspiration Versus Reality
(Addis Ababa University, 2018-01) Gebrewold, Setota; Habib, Mohammad (Associate Professor)
Currently, the African Union (AU) Constitutive Act is the only international treaty that provides for a legally binding right of intervention against genocide, crimes against humanity, and war crimes that are committed against inhabitants of a state, within its boundaries. The AU’s right of intervention is not only a positive step towards protecting people against mass atrocities from their own state it is also an innovative norm in international law. This research is anchored on the December 2015 decision of the AU Peace and Security Council (PSC), a precedent-setting invocation of the AU’s Article 4(h) authorizing the deployment of a military mission to Burundi to quell violence related to the dispute over the third term of the country’s President and the refuting January 2016 summit decision scrapping the plan to deploy troops. However, as shown in this research, there are major normative and institutional gaps that may hamper the enforcement of the AU’s right of intervention. Among the most notable gaps are: lack of precision on the types and criterion for military intervention; lack of credible enforcement organs; lack of unity among members and lack of commitment to the principle of non-indifference. Therefore, the AU needs to tackle these problems to be successful in future interventions.Keywords: Intervention, Responsibility to protect, non-indifference, Burundi
African Union Peace and Security Council: to Compete or Complement the un Security Council?
(Addis Ababa University, 2010-12) Beshah, Zekarias; Alemu, Dr. Girmachew
Since the transition of Organization of African Unity (OAU) in to an African Union (AU), Africans have taken laudable measures towards creating a comprehensive system to manage their own conflicts. One of such measure is the establishment of Peace and Security Council of African Union (AUPSC) which closely simulates the United Nations Security Council (UNSC). The establishment of PSC has created some sort of anxiety as it has become confusing whether this organ is a meant to take over the primacy conferred up on the UNSC for the maintenance of international peace and security. The anxiety is evident when one considers legal documents of the Union and the practice so far. In an attempt to clear out the above confusion, the paper investigates whether African leaders by establishing their own Peace and Security Council (PSC) have intended to reserve the primacy for their own PSC or leave such primacy to the UNSC. To this end, the paper first analyzes the genesis of PSC to spot the factors that motivated African leaders to establish their own PSC. Then the paper critically scrutinizes the provisions of the Constitutive Act and the PSC protocol which are the two most important legal instruments of the Union on the area of peace and security. Finally, the paper studies the practice to observe how Africans have perceived their involvement in resolving conflicts of Africa, through the PSC. After a deep analysis on the above three areas, the paper argues that AUPSC is established to take primacy over UNSC on matters related to the maintenance of peace, security and stability on the continent of Africa. And, this paper argues that the general consensus reached by Africans to establish AUPSC in a way that usurp the power of the UNSC will make the nature of the relationship between these two counterparts of AU and UN more of competitive and will bring the laws of AU in a direct conflict with the Charter system. Accordingly, the paper urges the two councils to reach on a common understanding on the respective power and responsibilities and further calls for a more harmonized partnership between these two organs.
African Union-international Criminal Court Relations: Implications On Prevention Of Serious Human Rights Violations In Africa-The Case Of Darfur, the Sudan
(Addis Ababa University, 2014-09) Fantahun Haile, Biftu; Soboka, Takele (PhD)
Agency Problem in Share Companies in Ethiopia: The Law and the Practice
(Addis Ababa University, 2019-01) Yeshitla , Zemere; Meheret, Tewodros
Agency theory is a popular theory of corporate governance. It contends that in companies with a dispersed ownership structure, there is a separation of ownership and control as the ownership over the assets of the company rests on the shareholders while the managers have control over the assets. This creates a principal-agent relationship between the shareholders and the management. Inherent in any principal-agent relationship is the understanding that the agent will act for and on behalf of the principal. However, agency problem may also arise due to the conflict of interest between the shareholders and the management. In view of this, effective corporate governance mechanisms are imperative in order to prevent or reduce the misappropriation of the shareholders’ investment by the managers. Accordingly, this study is concerned with agency problem between shareholders and management in share companies in Ethiopia. In particular, it submits empirical evidence on the ownership structure of share companies in Ethiopia to show that there is dispersed ownership structure and thus a serious agency problem. In support of this claim, it raises few practical instances of agency conflict witnessed in share companies in Ethiopia and presents the results of interviews conducted. More importantly, the study tries to identify some of the most effective corporate governance mechanisms used to alleviate agency conflicts. Then, it evaluates whether the law and the practice in share companies in Ethiopia adequately incorporates these mechanisms, and finds that there are loopholes in the law as well as the practice. Finally, the study calls for proper legal and institutional reform to be made to address the problem
Agency under the New Draft Private International Law of Ethiopia
(AAU, 2006) Andualem, Girmaw; Abebe Abera
Analysis of the Exisisting Ethiopian Bitration Law in Light With the Uncitral Model Law on Arbitration
(Addis Ababa University, 2018-01) Tilahun, Yared; Keneaa, Zekarias (Associate Professor)
Obviously, arbitration is one of the well known amicable dispute resolution schemes recognized, virtually, in all modern polities across the globe. Currently, the power given for the arbitral tribunal started to contest the ordinary jurisdiction of regular courts especially in regard to international commercial areas because of the parties’ agreement to avoid or minimize the intervention of courts in their business dealings. Accordingly, many disputantsL avoid the recourse to national courts thereby settling disputes arising in the course performance of their respective obligations. Nowadays, countries are striving towards adopting arbitration friendly legislation with the view to accommodate the highly changing situation of the globalization in the area of commerce. Patently, Ethiopia cannot be different from the rest in promulgating more comprehensive and holistic arbitral legal regime to have an enabling environment for foreign direct investment (FDI). The existing, Ethiopian arbitration law seems to be obsolete and inadequate in dealing with the highly booming situation of commercial globalization. In Ethiopia the 1960 civil code and the 1965 civil procedure are the outdated substantive and procedural laws respectively, save for AACCSA (Addis Ababa Chamber of Commerce and Sectorial Associations) institutional arbitral rules, put in place to regulate the subject matter. Unlike Ethiopia, most nations including developing countries are doing better either in amending their arbitral regime or acceding to modern arbitration conventions like the New York and Washington convention on arbitration to attract the seat and the sight of arbitral institutions and investment actors, too. Besides, the role of UNCITRAL model law in international commercial arbitration especially in harmonizing the disparate arbitration rules of nations regardless of the political and economic `ideologies in an intricate and palatable fashion cannot be neglected .The intricate nature of the model law largely lies on the constructive involvement of the regular courts in arbitration process
Anti-Suit Injunction in International Arbitration
(Addis Ababa University, 2016-02) Girma, Solomon; Kiros, Simeneh (Assistant Professor)
The involvement of national courts is essential to the overall effectiveness of arbitration, both ill domestic and inferna/iollai level. Howev er, anti-suit injunction as an instrul'nent of terrl/inating or staying arbitral proceeding, the relationship of national courts and arbitral tribunals are varies between fo rced cohabitation and true partnership. Moreo ver, a marked increase of allti- suit il/jullctiolls issued by both Arbitral Tribunals and National Courts has been seen recently. This thesis, there/ore, identifies the power of both national courts and arbitral tribunals towards issuing anti-suit injunction in international arbitration. In addition, compatibility of anti-suit injunction with the general pU/poses and principles of international arbitration have been critically scrutinized. Furtherll7ore, the legal effect of anti-suit illj unctioll in international arbitratioll is addressed in detail. Finally, after a profound analysis Oil the above three areas of controversies in illtemational commercial arbitration, the thesis atg ues that since anti-suit injunct ion is a new trend in international arbitration, both National Courts and Arbitral Tribunals should always exercise this power with due care because th eir effects may be more harmjid than the problem they are seeking to resolve it.
Anti-suit Injunction in International Arbitration
(Addis Ababa University, 2016-02) Solomon Girma
The involvement of national courts is essential to the overall effectiveness of arbitration, both in domestic and international level. However, anti-suit injunction as an instrument of terminating or staying arbitral proceeding, the relationship of national courts and arbitral tribunals are vary between forced cohabitation and true partnership. Moreover, a marked increase of anti-suit injunctions issued by both Arbitral Tribunals and National Courts has been seen recently. This thesis, therefore, identifies the power of both national courts and arbitral tribunals towards issuing anti-suit injunction in international arbitration. In addition, compatibility of anti-suit injunction with the general purposes and principles of international arbitration have been critically scrutinized. Furthermore, the legal effect of anti-suit injunction in international arbitration is addressed in detail. Finally, after a profound analysis on the above three areas of controversies in international commercial arbitration, the thesis argues that since anti-suit injunction is a new trend in international arbitration, both National Courts and Arbitral Tribunals should always exercise this power with due care because their effects may be more harmful than the problem they are seeking to resolve it.
The Anti-Terrorism Laws of Ethiopia and Kenya vis-à-vis International Due Process of Law Standards: A Comparative Analysis
(Addis Ababa, Ethiopia, 2017-05) Mekonnen, Dagnachew; Habib, Mohammed (PhD)
States are required, under international law, to ensure due process of law while taking actions against terrorist acts. The obligation to observe due process of law involves the duty to comply with a number of requirements necessary to ensure protection of the rights of the accused persons for allegedly committing certain terrorist acts. Since such a requirement applies to different national contexts, it would be necessary to select some specific countries to investigate how much those states are serving due process standards which is required under international law. Accordingly; Ethiopia and Kenya have been studied for the purpose of demonstrating the enforcement of globally applicable standards in their specific national contexts. The two countries are selected because of their common regional geopolitical context in the Horn of Africa. It is known that Horn of Africa is one of the regions of the world which have been exposed to recurring terrorist attacks. Furthermore, as compared to the other Horn of African countries, Ethiopia and Kenya appears to be relatively more strongly committed to contribute towards fighting terrorism. While taking note of the positive attitude of these two Horn of African countries towards complying with their obligations in fighting terrorism, the critical examination of the status of compliance with their obligation in ensuring due process in the course of fighting terrorism is relevant. Accordingly, part of the finding of the research shows that Kenya’s laws are relatively more relevant to serve the purpose of due process as required under the applicable international legal instruments. Thus; some suggestions are advanced with a view to upgrade the Ethiopian legal regime for the purpose of ensuring due process and related obligations.

Browse

Browsing Law by Title

Results Per Page

Sort Options