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Item Tradability of Water Abstraction Rights As Property Rights in Ethiopia: A comparative study(Addis Ababa University, 2024-11) Jetu Edosa Chewaka; Muradu AbdoThis dissertation has examined the question of whether the water use permit system in Ethiopia creates water abstraction property rights as an intended consequence of treating 'water as an economic good' to address challenges of water allocation and exploitation problems in light of comparative perspectives. Driven mainly by the imperatives of global water policy and lending conditionalities of international and regional financial institutions, Ethiopia undertook water sector policy reform in the 1990s to mobilize financial resources to meet the increasing demand for water supply services.Item Squeeze-out of minority shareholders under the Ethiopian commercial code: A critical analysis of its compliance with the Ethiopian constitution and UNGP(Addis Ababa University, 2025-03-01) Hanamariyam Getnet; Solomon Abay (PHD)This paper critically examines the concept of squeezing out of minority shareholders under the Ethiopian Commercial Code, focusing on its compliance with the Ethiopian Constitution and the United Nations Guiding Principles (UNGP) on Business and Human Rights. The study explores the legal framework governing minority shareholder rights in Ethiopia, highlighting the recent amendments in the Commercial Code that empower majority shareholders to enforce a squeeze-out. Through a detailed analysis, the paper assesses whether these provisions align with constitutional guarantees of property rights, the right to fair treatment, and nondiscrimination. The findings reveal some gaps in the protection of minority shareholders, raising concerns about potential human rights violations. The findings underscore the need for a balanced approach that safeguards minority interests while facilitating corporate efficiency and growth.Item Window of Liberalization in the Banking Sector: Analysis of the Possible Options and Legal Outlets for Mergers and Acquisitions among Local Banks in Ethiopia(Addis Ababa University, 2025-04-01) Getenet Dinberu Gelaw; Zekarias Keneaa(PhD)The dynamic and expanding financial sector of Ethiopia necessitates a robust legal and regulatory framework to effectively address challenges that arise during bank mergers, a process increasingly significant in fostering economic stability and growth. This thesis seeks to analyze and evaluate the comprehensiveness and effectiveness of the existing Ethiopian laws and regulations governing bank mergers, with a particular focus on their capacity to address key legal challenges and ensure adequate regulatory oversight throughout the merger process. By examining current laws and regulatory provisions, this research identifies gaps, ambiguities, and potential shortcomings that may impede the successful implementation of mergers and limit the legal protections afforded to stakeholders. The study utilizes a doctrinal legal research methodology, supplemented by comparative analysis of international best practices in bank mergers, to provide insights and recommendations that aim to strengthen Ethiopia’s legal framework. Key areas of examination include the approval process, treatment of stakeholder interests, competition law considerations, and compliance with financial stability requirements. Furthermore, the thesis explores the implications of these laws on market dynamics and the banking sector's role in promoting economic development. The findings of this study underscore the importance of a comprehensive and coherent regulatory regime in addressing legal complexities associated with bank mergers while fostering confidence among stakeholders. It also aims to contribute to the ongoing development of Ethiopia’s legal infrastructure, promoting transparency, efficiency, and alignment with global standards. By addressing these core issues, the research aspires to serve as a valuable resource for policymakers, legal practitioners, and banking professionals engaged in the evolving landscape of financial regulation in Ethiopia. Keywords: Ethiopian Banking System, Mergers and acquisitions, NBE, The author is the candidate of at Addis Ababa University, Collage of Law and Governance. The Manuscript is a short version of the thesis Submitted to the College of Law and Governance Studies atItem Physical Protection as a Witness Protection Measure in Ethiopia: Assessing its Procedural and Enforcement Challenges”(Addis Ababa University, 2024-09-01) Ermias Tadesse Birhanie; Wondwossen Demissie (PhD)Physical protective measures are crucial to protect the safety and security of witnesses who may be in danger as a result of their cooperation to the criminal justice system. This study looks at the application of Ethiopian law on physical protection of witnesses. The study's objectives are evaluating the decision making process and enforcement of physical protection decisions under Ethiopian law and pinpointing what challenges witnesses and law enforcement organs encounter in carrying out these decisions. Data from important stakeholders, such as public prosecutors, police, and witnesses, are gathered for the study. The findings indicate that there are gaps both in the decision making process and enforcement of physical protection measures in Ethiopia. Such difficulties have been exacerbated by several factors, including inadequacy of existing legislation, lack of resources, skilled personnel, strong institutional structures and collaboration. To solve these problems, the study recommends strengthening legal and institutional frameworks, capacity building and public awareness campaigns concerning witness protection, training law enforcement authorities, and increasing resources for witness protection. Generally, this study is hoped to contribute to the expanding body of literature on witness protection and offers insightful information on the challenges facing efforts to safeguard witnesses Ethiopia. Key words: witness, witness protection, physical protection, threat assessment, protection measuresItem The Protection of Child Rights in the Process of Adoption in Ethiopia: A Critical Analysis and Legal Assessment(Addis Ababa University, 2025-02-01) Kidist Marew; WondemagegneTadesse (PhD)This study focused on the critical analysis and legal assessment of the protection of child rights in the adoption process in Ethiopia. The study aimed to assess both the international and national normative legal frameworks for the protection of child rights, as well as the institutional legal frameworks in place.In examining the international legal framework for adoption, the research delved into the various conventions and treaties that Ethiopia is a party to, such as UNDHR, ICCPR,the United Nations Convention on the Rights of the Child (UNCRC),the African Charter on Human and Peoples Rights (ACHPR), The African Charter on the Rights and Welfare of the Child (ACERWC),other Child-Specific International Instrumentsandthe Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. These international instruments provide guidelines and standards for the protection of children in the adoption process.Furthermore, the study also analyzed the national legal framework for adoption in Ethiopia. This included an examination of the relevant laws, regulations, and policies that govern the adoption process within the country. The research assessed the adequacy and effectiveness of these legal provisions in safeguarding the rights of children involved in adoption. The findings of this research highlighted the importance of a robust legal framework that prioritizes the protection of child rights in the adoption process. Recommendations were made for potential reforms and improvements to ensure that the best interests of the child are always at the forefront of adoption proceedings in EthiopiaItem Land Possession Disputes in Addis Ababa: The Case of Meskel Square and Jan Meda(Addis Ababa University, 2025-01-01) Seifu Meaza; Mekete Bekele(PhD)It is supposed that land possession is one form of owning property. It is accomplished by taking possession with the intent to become the lawful possessor. In reality, rights of land possession may be proved merely by possession or presenting documentary evidence to settle an existing dispute. Hence, the main objective of this study is to examine the rights to land possession regarding Meskel Square and Jan Meda. In order to attain the objective of the study, the research used a doctrinal legal research methodology, which incorporated a thorough review of land related laws, case law, legal reasoning and interview. It analytically scrutinized the rights to land possession and the claim of EOTC over the Meskel Square and Jan Meda land dispute by studying various provisions of the relevant laws to unreservedly understand the rights to land possession existing over the disputed land. The study found that, EOTC has rights to land possession for a long period of time without interference over Meskel Square and Jan Meda; aside the existing land laws, the mayor of Addis Ababa City`sdecision-making regarding the disputed land possession is in error laws fully; which has resulted in increased land disputes among various religious institutions. As a result, these various religious institutions have suffered to get proper government response to overcome the problem. At the end, the study recommends that, instead of confusing the people at large, the information about Meskel Square and Jan Meda must be made available and accessible to all Ethiopian society; and disputing land possession rights over the place must get permanent official and legal oversight to disinvite various groups in to the dispute.Item Capital Gains Taxation of Shares and Bonds Under the Ethiopian Income Tax Law: Comparative Analysis of the Adequacy of the Existing Rules for the Capital Market(Addis Ababa University, 2025-05-01) Aboo Badhasa; Aschalew Ashagre (PhD)This study examines the adequacy of the existing rules of capital gains taxation (CGT) on the transfer of shares and bonds under Ethiopia’s income tax regime, contextualized within its implications for the nascent capital market. Through doctrinal analysis of Ethiopia’s income tax laws, regulations, directives, drawing on interviews with Ethiopian tax authorities, capital market stakeholders, alongside a comparative assessment of six jurisdictions (USA, UK, South Africa, Nigeria, Kenya, and Morocco), the research highlights critical inefficiencies in the existing regime which was established before the advent of a formal capital market. The research findings show the challenges of a regressive 30% flat tax rate on transfer of shares and bonds, particularly when compared to lower rates applied to immovable assets, which exacerbates market illiquidity, disproportionately penalizes securities transactions, and perpetuates a “lock-in effect”. Further, the lack of differentiation between short-term and long-term capital gains which exacerbates speculative trading, the absence of preferential treatment for listed securities which disincentivizes formal market participation, and inadequate provisions for small businesses, contrasts sharply with global best practices, undermining Ethiopia’s aspirations to cultivate a dynamic securities exchange. Practical challenges such as undervaluation of transactions and administrative inefficiencies in tracking small-scale gains further compound compliance gaps and equity concerns In light of these challenges, the author recommended for; reduction of CGT rates on transfer of shares and bonds to 15% or less, introduction of tiered tax rates with a 1-year holding period to distinguish short-term (taxed as ordinary income) and long-term gains (preferential rates),in addition to introduction of SME-focused exemption per defined thresholds, implementing tax-free thresholds to alleviate administrative burdens, and to safeguard fiscal integrity. The study also advocated for harmonizing tax policies with capital market objectives, such as exempting or lowering taxes for securities listed on the ESX to enhance market participation. By addressing these gaps, Ethiopia can foster a dynamic capital market, and harness securities trading as a sustainable source of public financing. Ultimately, this research seeks to contribute to the development of a more favorable legal environment for capital market operations in EthiopiaItem Legal and Policy Framework on Gender Based Violence Among Women in Idp Camps in Ethiopia: Comparative Analysis(Addis Ababa University, 2024-11-01) Abysia Aboneh; Wondemagegn Tadesse (PhD)This research investigates Gender-Based Violence (GBV) against women in Internally Displaced Persons (IDP) camps in Ethiopia, with a comparative analysis of legal frameworks and human rights principles. Ethiopia, with over 4.5 million IDPs, faces significant challenges in protecting displaced women from GBV due to weak legal implementation and inadequate services. Despite ratifying key international conventions, the country lacks specific policies to address the unique needs of IDP women. This study employs a qualitative methodology, including a comprehensive literature review of laws, conventions, reports, and scholarly articles, focusing on Ethiopia's context while also comparing it with the Central African Republic (CAR) and Nigeria. The research reveals that IDP women in Ethiopia are particularly vulnerable to GBV due to systemic issues such as the breakdown of community structures, limited access to services, and inadequate legal protections. The study examines the effectiveness of Ethiopia's existing legal frameworks, including its adherence to international human rights standards, and highlights the persistent gaps and barriers faced by women in IDP camps. By comparing Ethiopia's experience with that of CAR and Nigeria, the research identifies common challenges and successful strategies in addressing GBV. This comparative analysis provides insights into how different legal and sociopolitical contexts impact GBV protections and offers recommendations for improving Ethiopia's approach to safeguarding IDP women. The findings underscore the need for comprehensive, gender-sensitive policies and enhanced coordination among stakeholders to address GBV effectively. The study commends to inform policy improvements, raise awareness about the rights of IDP women, and contribute to the development of more effective legal and protective measures against GBV in displacement settingsItem Consumer Protection in Electronic payment System in Ethiopia(Addis Ababa University, 2024-09-01) BehailuTewabe; Solomon Abay (PhD.)The advancement of technologies nowadays affects an overall economy of the world. Financial sectors also affected by these technologies. Ethiopia lately introduced a reform in its payment system laws. This helps in modernizing payment and enhancing financial inclusion. However due to its unique feature this electronic payment systems also pose a treat for customers. Thus there is a need to adjust general consumer protection laws to this effect. The NBE in this regard is the main regulatory body in Ethiopia to issue consumer protection laws. However these regulatory schemes are found in different legislations. Ethiopia therefore in this regard does not have a consolidated consumer protection legal frame work. These scattered laws also seem to lack clarity in safeguarding the interests of consumers. Furthermore the consumer protection legal frame work seems inadequate when we compare it to the international good practices. In addition there is a need for a coordinate effort of different regulatory organs in order to strengthen consumer protection. This paper, among other things, recommends that there is a need to develop the regulatory capacity of different regulatory organs and additional legal frameworks should also be incorporate in order to protect consumersItem Trans-Boundary Hazardous Waste Regulation in Ethiopia: The Law and The Practice(Addis Ababa University, 2025-01-01) Kaleab tilahun; Mellese Damtie (PHD)Protecting environmental and human rights globally necessitates the involvement of the international community, which has established systems to uphold these rights. International instruments require states and stakeholders to implement appropriate measures for this purpose, with managing trans-boundary hazardous waste being a key aspect of environmental responsibility. Ethiopia has undertaken measures for trans-boundary hazardous waste regulation in line with its international obligations. This research examines the actions taken by the Ethiopian government in regulating the trans-boundary movement of hazardous waste. Utilizing a qualitative research design that includes both doctrinal and non-doctrinal legal approaches, the study aims to evaluate how Ethiopian laws align with international standards, identify barriers to implementation, and propose effective compliance strategies. Additionally, it discusses the legal and institutional practices of both national and international communities in managing trans-boundary hazardous waste, while exploring the challenges and opportunities associated with this issue. • Key words: trans-boundary hazardous waste, environmentally sound regulation, Compliance strategies, and human rightsItem E-Commerce Dispute Resolution Mechanisms in Ethiopia(Addis Ababa University, 2025-02-01) Alemayehu Tsehayneh; Aschalew Ashagre (PhD)E-commerce is part of the virtual world which facilitates B2B, B2C and other forms of market relationships. Dispute is unavoidable facts in economic relationships. The Problem worsened when disputes arise out of virtual relationships. No law governs the virtual world for internet has no jurisdiction. In various nations, disputes out of e-commerce are regulated based on outdated traditional laws. Nowadays, e-commerce is the choice of all in spite of the fact that e-dispute resolution mechanisms are staggering. This thesis has examined E-commerce Dispute Resolution Mechanisms in Ethiopia. E-commerce dispute resolution mechanisms are plausibly enshrined under the various legislations, regulations and directives in Ethiopia. However, the practice is incredibly crawling and no courts, quasi-judicial bodies, associations, regulatory practices and institutions are addressed any complaints from e-consumers or e-traders. All the redress mechanisms enshrined under various legislations did not consider peculiar nature of e-commerce practices and institutional arrangements in Ethiopia. No structurally independent institutions which really serves e-marketplace actors interests. ADR/ODR, internal or in-house code of conduct, regulations as well as ombudsman offices are some redressing mechanisms enshrined under Ethiopian legal regime. Establishment legislation and regulation of ECX, Custom Authority, Chamber of Commerce, and The Capital Market Authority properly recognize functional equivalence and evidentiary weights of e-documents. Besides, they inculcated various e-dispute resolution mechanisms ranging from ADR/ODR to establishing external dispute resolution agencies to protect e-financial consumers. E-consumer protections, except financial consumers, are left unattended in Ethiopia. ODR introduced under the draft Electronic Commerce Regulation for the first time. It still waits for ratification. Having plausible, easy and accessible redress mechanisms boost e-consumers’ confidences. However, the practice in Ethiopia showed scattered regulatory practices and poor institutional integrations. These made e-consumers in Ethiopia vulnerable for any market abuses. E-disputes redress practices are far behind expectations. No courts entertains any e-commerce marketplace disputes. After the ratification of Proclamation 916/2015, adjudicatory roles of many executives were moved to the Ministry of Justice, quasi-judicial bodies were established as proper courts under the aforementioned ministry. However no consumers have any knowledge of the establishments of these courts. This radically declined the confidence of e-consumers. Except the NBE, all institutions left e-consumers to absorb grievances out of e-marketplace relationships. E-financial consumers properly protected through stringent directives and follow-ups from NBE and Eth-switch. E-commerce actors are also unregulated. The operators did not properly posted disclosure terms. Surprisingly, two of the operators employ California Consumer Protection Act for consumer data protection in which Ethiopia is not party. Many of the contractual terms have adhesive mode. Survey made in the courtrooms and authorities showed that e-consumers as well as officials have no knowledge of e-commerce market place disputes and its redress. Integration among various government bodies and awareness creation sessions are recommended so as to educate e-consumers rightsItem Challenges Concerning the Application of Prescriptions to Rural Land Disputes Under Ethiopia’s Current Rural Land Law(Addis Ababa University, 2024-11-01) Markon Abate; Muradu Abdo (PhD)Until recently when the FDRE Rural Land Use Proclamation No. 456/2005 was repealed by Proclamation No.1324/24, the application of the rule of prescription lacked explicit legal guidance which resulted in polarized arguments amongst legal experts. Many argued against its relevance based on the FDRE Constitution, which jointly grants land ownership to the people and the state. However, others contended that prescription is a general rule applicable to all rights, necessitating specific provisions to exclude its application in rural land cases. This study analyzed Ethiopia’s current rural land legal framework and the Federal Supreme Court Cassation Division’s decisions to assess the application of prescription to rural land disputes and pinpoint the associated legal and practical challenges. The study adopted doctrinal research design, supplemented by case reviews and interviews with experts. The study has found that the new FDRE Rural Land Proclamation boldly addresses some of the concerns regarding prescription that were previously raised It establishes a 15-year prescription period for land reclamation actions between private parties. It prohibits raising this defence if the case involves the reclamation of an illegally obtained state or communal landholding. It acknowledges the application of other prescription rules from relevant laws to claims that do not involve the reclamation of landholding rights. The study has also determined that certain ambiguities persist in the new Proclamation’s stance on prescription. Namely, the Proclamation provides no criterion for characterizing an action as a reclamation or other claim. It is also not clear whether prescription cannot be set up against the state and a community in relation to rural land disputes at all. In addition, the Proclamation lacks a definitive answer to the question of whether a person invoking prescription has to prove the lawfulness of the means used to hold the land in dispute even when the counterparty is a private individual. Furthermore, most importantly, the Proclamation’s provisions also appear to open new avenues for rural land access through prescription, raising questions about legality. Finally, the Proclamation does not provide for or specifically borrow the application of counting and interruption of the period of limitation it sets in Art. 64(2). Thus, recognizing the far-reaching consequence of prescription rules on individuals’ land rights, the study recommends the adoption of clear and comprehensive rules and guidelines for the application of prescription to rural land disputesItem Legal Protection for Mobile Money Borrowers in Ethiopia: Analyzing Predatory Lending Practice(Addis Ababa University, 2025-05-01) Desalegn Nida; Tilahun Teshome (PhD)The rapid expansion of mobile money lending in Ethiopia has significantly enhanced financial inclusion, offering unbanked populations access to digital credit. This thesis investigated, analyzed, and evaluated the legal protection available for mobile money borrowers in Ethiopia, by focusing on predatory lending practices. By employing a qualitative approach with doctrinal methods, the study evaluates and analyzes legal frameworks governing mobile money lending such as FSPD, NPSP, LAPIID, and Personal Data Protection Proclamation, alongside the practices of Telebirr and Kacha. The absence of robust legal protections, lack of digital lending-specific regulations, and weak enforcement, may expose to unfair lending practices, including exorbitant fees like 730% APR and unfair debt collection, trapping them in debt cycles. The thesis argues that Ethiopia’s legal framework is insufficient to counter predatory lending practices, necessitating reforms like clarifying the directive’s applicability, enacting digital lending legislation, capping fees, and enhancing transparency and enforcementItem The International Legal Status of the Peace Agreements: The Case of Pretoria Peace Agreement Signed Between the FDRE Government and the Tigray Peoples‟ Liberation Front (TPLF)(Addis Ababa University, 2025-05-01) Abchu Wassihun; Getachew Assefa (PhD)This study explores the international legal status of Peace Agreements in general, concluded to terminate non international armed conflicts (NIAC), and the Pretoria Peace Agreement in particular, signed on November 3, 2022, between the Ethiopian government and the TPLF, which ended the tragic intrastate conflict in Ethiopia’s Tigray region. NIAC peace agreements, despite their proliferation as a way out of intrastate conflicts, their ambiguous legal status arising from the involvement of Non-State Armed Opposition Groups (AOGs), they are neither treaties under the Vienna Convention on the Law of Treaties (1969) nor domestic instruments under the domestic law-making procedure, is being a significant challenge to compliance and enforcement. By using a qualitative analysis of international legal frameworks, judicial precedents, and state practice, this study examines the Pretoria Peace Agreement’s binding nature and the TPLF’s international legal personality. The findings show that the TPLF, as an organized AOG bound by international humanitarian law (IHL), has the capacity to enter internationally binding agreements. The agreement’s mandatory language, formal structure, incorporation of IHL and African Union (AU) norms, and AU-led monitoring mechanisms reflect the parties’ intent to create enforceable obligations. The thesis argues that, in order to enhance compliance, strengthen enforcement, and preserve the integrity of peace processes, NIAC peace agreements should be recognized as a distinct category of internationally binding instruments under Article 3 of the Vienna Convention. By positioning the Pretoria Peace Agreement within the developing normative framework of international law, this study contributes to the discourse on the legal nature of these agreements and forward some concluding remarks to reinforce their effectiveness in addressing intrastate conflictsItem The Legal Framework for Data Protectionin Digital Financial Services in Ethiopia: The Case of Kacha Digital Financial Services S.C(Addis Abebe University, 2025-01-01) Nejat Ahmed; Solomon Abay (PhD)This LLM thesis examines Ethiopia's regulatory landscape for personal data protection, particularly the 2024 Data Protection Proclamation's alignment with DFS practices. Using Kacha as a case study, it evaluates the effectiveness of existing laws and identifies gaps that could hinder personal data protection. While Ethiopia has made progress in establishing a specific legal framework, the research has identified many gaps, including the ambiguity surrounding generic ambiguous terms, a lack of clarity on user consent, insufficient specificity that leaves room for interpretation, a lack of awareness among data consumers, and the absence of defined norms for data processing methods that prevent adequate consumer privacy protection in DFS. This situation requires legislative revision suited to the specific difficulties of DFS and the implementation of more consumer programs. Additionally, it is admirable that the proclamation establishes a body overseeing organizations with previous functions. However, the researcher has recommended that instead of relying on an authority with pre-existing, more general responsibilities, a specialized organization for the protection of personal data be created to provide targeted, ongoing, and efficient oversight. Though the findings of the research show that Kacha is making efforts to be dedicated to regulatory compliance and make mobile money services safe, critical issues were identified such as ambiguities in obtaining customer consent, lack of DPO, a lack of transparency in data handling practices during the complaint resolution process, burden on data subjects for data breaches, hierarchical and locational data management issues and the need for more straightforward guidelines and greater transparency in both company policies and the overarching regulatory framework. These concerns highlight the significance of making the practice align with the lawItem “Balancing Execution of Decrees and Stay of Execution In Civil Proceedings: The Law and the Practice in Federal Courts of Ethiopia”(Addis Ababa University,, 2022-09) Mastewal Gebremedhin; Aschalew Ashagre (PhD)For States to build and develop a strong and respected judicial system, proper, effective, and efficient enforcement of court decisions is critical. In principle, all decrees have to be executed However, when the interest of justice so requires, execution may be stayed by the order of the judiciary. That is why the researcher is interested in doing this thesis. The main objective of the study is to assess the legal and practical gaps associated with the stay of execution with in the federal courts. To address these objectives the basic research questions were; why and when a stay of execution order has been given, what is the obligation of the party who applies for the stay of execution order, and what are the main challenges of a party who seek a stay of execution, Is there a gap on the law concerning stay of execution, Is it possible to balance the execution of a decree and stay of Execution And What does the practice look like in the federal courts of Ethiopia To address these, doctrinal legal research was employed. The finding was Ethiopian civil procedure code follows a non-automatic stay of execution of order or decree. The federal court judges have a knowledge gap and lack of consistency as well as applications of the civil procedure code concerning providing a stay of execution by the rendition court. Federal courts have a problem with the lack of statistical data. The researcher has suggested the amendment of civil procedure code provisions regarding the stay of execution. And extensive job training is required especially for judges, and lawyers. And finally, to have sufficient information about the issue a data recording system regarding the stay of execution order or decree shall be demanded.Item “Emerging” Challenges Restraing Addis Ababa’ Sself- Governce Within Ethiopian Ethno- Federal Dispensation(Addis Ababa Unversity, 2022-10) Genanew yaregal; Solomon Nigussie (PhD)The essence of federalism is not to be found in a particular set of institutions but in the institutionalization of particular relationship consistent with federal principles. So, Federal system has to address the question as to what are the particular problems that the federal system intended to solve up to its essence. As federal principles also apply for Federal Capital city(FCC) as a subunit, it requires special scrutiny because of FCC’s unique nature.ForFCC is the political-economic center, it comes at the heart of the federal balance. To this effect, the fundamental challenges unique to most government of FCC consist of lack of efficient government for the metropolitan area, including both the city's center and its suburbs. Hence, mostly federation faces a challenging task in preventing the domination of FCC by one of the states, in determining how to govern FCC and managing conflicting interests of federal government and residents of the FCC. As Such a federation needs to address federal-capital suburbs tension; first, how much power and autonomy should the FCC need to have? Second, how should conflict of interest among local/FCC, national interests, and suburbs is compromised? The problem even excerpted in the case of Addis Ababa City (AAC), mainly because AAC’s FCC mode, extent of decentralization,territorial jurisdiction, and ultimately self-governing status within Ethiopian ethno-federal dispensation remains indeterminate.Yet, AAC is the federal capital, seat of Oromia Regional state (ORS) and headquarter for African Union (AU) as well as considered to be autonomous city administration;as suchit creates distinctive complex citycapturing special scrutiny due tomultiplicity of competing interest within the unique ethno federal genesis of Ethiopian federation. Hence, AAC represents an epic in the political dilemma of Ethiopia; group vs. individual, self-rule vs. shared rule, residency vs. ethnic identity, capital vs. seat, territory vs. location, devolution vs. delegation vs. DE concentration, center vs. periphery special interest vs. equal interest. Thus it requires scrutinizing as to which federal notion accounts for the original rationale in Ethiopian federal scheme resulted in “emerging” challenges constraining AAC’s self-governance status.The issue deepens to the heart of politics to the extent inquiring the “denominator” (who is “self” or “the people”) and scope of self governance right within Ethiopian ethno-federal dispensation in general and AAC in particular. It entailsanalyzing whether and how AAC shouldwalk through the path of article 8, 39, and 47 and/or 49 of the constitution or resort to determination beyond constitutional ambit, to realize its self-governance. Basic Terms: emerging challenges,federation origin, extent of decentralization, FCC models, Ethno-Federation, and self-governance/determination, fiscal federalismItem Judicial Ethics and Fair Trial: A Critical Analysis of the Case of the Courts of Special Zone of Oromia Surrounding Finfine(Addis Ababa Unversity, 2016-03) Duguma Neda; Abera Degefa (Associate Professor)This study is aimed at analyzing the fairness of the trials in the courts of special zone of Oromia Surrounding Finfine against international and national standards in relation to judicial ethics. It identifies the relationships between judicial ethics and fair trial rights in general and how ethical problems of judges of the courts of Special Zone of Oromia are reflected in the trial process and their consequences on the right to fair trial in particular. The issue of fair trial right is examined from the point of view of some core elements of fair trial rights which have particular significance with judicial ethics. These are judicial independence, impartiality, equality of arms and the right to be tried without undue delay. It is concluded that ethical problems in the Courts of Special Zone of Oromia have significantly affected the right to fair trial in several ways. Accordingly, practice of ignoring the law, conducting biased hearing, lack of independence, exceeding of the standards for the right to be tried without undue delay, and contravening of the principle of equality of arms are the critical problems which need to be resolved. In addition, the code of judicial conduct is insufficient to ensure judicial accountability particularly in relation to problem of competence.Item Protection of Third Parties Right Under the Ethioipan Arbtration Law(Addis Ababa University,, 2022-09) Feyisa Bededa; Zekarias Kenea (Associate Professor)The traditional attitude ascribing the task of dispute resolution to ordinary courts of law is greatly challenged in modern society. It has now become part of the public policy of many states provide the means of settling disputes by alternative dispute resolution mechanisms (hereinafter referred to as ADR), both in court and outside of the courts. Among ADR mechanism, arbitration is one mechanism in which the parties can solve their disputes out of the court room. Currently, as commercial transactions become more complex worldwide, certain procedural problems in arbitration 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 awards) into arbitration proceedings. 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. The new Ethiopian arbitration rules (Proclamation number 1237/2021) tried to cover the right of third parties but it is not fully covered. Regarding the practice, the courts and arbitration tribunals are found to be different in interpretation of the new proclamation. Sometimes, they extend arbitration to third parties through litigation provisions, sometimes they become hesitant. The understandings of Practitioners and academicians who have exposure in arbitration are also divergent on the interpretation of Article 40 of Proclamation number 1237/2021. Some are proponents, some are opponents and some are in the middle way in relation to participation of third parties in arbitrations. So, the problem is obvious. But, transactions comprise multiparty and multi contracts in which all parties will not be signatory of the same arbitration agreement are going in numbers. Generally, in Ethiopia, since multiparty arbitration proceedings would enhance the scope, efficiency, certainty and effectiveness of 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 Rethinking Regularization of Informal Settlements in UrbanEthiopia: Addis Ababa in Focus(Addis Ababa Unversity, 2022-09) Melese Worku; Muradu Abdo (Associate Professor)Land issues in our country arecentral to many facets of life. Especially, urban land for housing in cities generally and in Addis Ababa particularly is very debatable when examined its fair distribution. That is why bypassing the regular way of land occupation, both those in need and land speculators are tending to prefer the irregular or informal way of occupation. While the FDRE Constitution prohibits citizen or individual ownership ofland, it allows possession that is regulated by subordinate laws. The current urban landholding proclamation, while prohibiting occupation of urban land without leasehold, gives a transitional period for regularization of informal settlements, as much as they align with urban plan, by city administrations and regions enactment of regulations. The study has explored the regularization mechanism of informal settlements in Addis Ababa City Administration where large-scale informal settlements occur. The study has analyzed whether regularization is advisable in adhering to the rule of law and urban plans as well as its possibility of non-contravention with the urban planning laws and the plans themselves. Issues in this thesis were examined through employing desk review, literature review, and key informants in addition to analyzing laws and cassation decisions. At the completion of this thesis, it was found that regularization of informal settlements could not be applied on holdings after May 2005 due to its closure by the urban land laws. It is not also advisable to continue regularization of informal settlements, which most of the time infringe on urban plans and cause various problems in urban settings. Therefore, it is better to satisfy the housing needs of citizens by employing housing cooperatives, condominium housing, and other mechanisms.