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Item Structural Plan of Addis Ababa City: The Law and Practice in Relation to Urban Green Space(Addis Ababa University, 2012) Roman Yemanebirhan; Mekete Bekele(Assosate Profassor)Urban green spaces play a vital role in achieving the United Nations' Sustainable Development Goals, particularly in making cities and human settlements inclusive, safe, and resilient. However, urban forestry and green spaces often receive limited attention in urban planning and admnistrstion. The primary objective of the study is to analyze the planning, policy, laws, and implementation strategies for urban green spaces in Addis Ababa, as well as the obstacles faced in the implementation process. The research incorporales both primary and secondary data sources. Primary data were gathered through key informant interviews and field observations. Secondary data were obtained from Google Maps, satellite imagery, and a review of relevant literature, laws, policies, and Addis Ababa's structural plan. Existing policies and proclamations must be reinforced with Legislative regulations and comprehensive implementation frameworks to establish a foundation for actionable plans. Although stakeholders are engaged in similar green space development initiatives, they often operate within separate organizational structures. The city 's structural plan incorporates several principles for green space development, yet challenges persist in execution. Key informants have identified weak communication, rapid population growth, urbanization, and inadequate planning as significant obstacles to implementing green space projects. However, opportunities exist, including political commitment advancements in technology and the potential of existing green spaces, which can be further leveraged.Item Protection of Cultural Property in the event of Armed Conflict: the Case of Syria(Addis Ababa University,, 2018-03) Habib Mohammednur; Yonas Birmeta (PhD)In a world of humans and all the perks that come with it; it’s in our nature to disagree; to put it in mild term; the inevitability of conflicts are witnessed happening everywhere around the world. The international community has laid down rules in governing these armed conflicts. In the mist of this there is an issue of protecting cultural property. As part of who we are as human beings; cultural property warrants extensive protection by humanitarian law. Recent developments like; the ongoing conflicts in Syria and Iraq and in the recent conflict in Mali; has made us witness one of the gravest destructions of cultural property. This destruction has displayed the challenges of international law to effectively deter these actions. Taking this into account the concept of cultural property protection and its legal frameworks will be assessed; The researcher reviews existing international law in light of these destructions and the challenges posed by the issues of non-international armed conflict, non-state actors and the military necessity exception In addition looting of this cultural property by terrorist organizations; and the establishing criminal responsibility for cultural property destruction is discussed. Furthermore based on all the assessments possible way forward allowing international law to more effectively foster the preservation of cultural heritage for future generations is put into perspective.Item Regulation of Savings and Credit Cooperative Societies in Ethiopia(Addis Ababa University, 2021-09) Muluneh Bayabil; Tewodros Meheret (Associate Professor)The Existing Ethiopia’s SACCO regulatory framework does not aim to provide a supportive policy and legal framework consistent with the nature and function of SACCOs guided by cooperative values and principles. Since the Cooperatives Society Proclamation 147/1998 was enacted, SACCOs in Ethiopia have been regulated by the general cooperative offices; nevertheless, these general cooperative offices lack the technical expertise to oversee SACCOs. Hence, this study concludes that SACCOs should be supervised by a SACCO supervisory body. Since the National Bank of Ethiopia establishment proclamation 591/2008 (as amended) was enacted, SACCOs in Ethiopia have also been governed solely by a general cooperative law. SACCOs, on the other hand, have special characteristics that necessitate a special SACCO law. In this regard, the findings of this study support the enactment of a SACCO-specific law. Moreover, the existing general cooperative law does not effectively address the legal regulatory implementations of SACCOs. Hence, this research identifies aspects of regulatory implementations that should be included in the SACCO-specific law.Item 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, 2018-09) Biftu Fantahun; Takele Soboka(PhD)Item “Consumer Protection in Ethiopia's Telecom Sector: New Beginnings and Prospects”(Addis Ababa University, 2021-09) Mekdes Bekele; Kinfe Yilma (PhD)A few sectors have been selected for special treatment because of their unique importance to society. The telecom industry is one such identified sector in which consumers have legal protection. Telecom consumers' legal protection has progressed through several stages. This thesis examines the legal protection of consumers in Ethiopia's telecommunication sector. Ethiopia had no tailored consumer protection laws for telecom consumers, and safeguards were only made with generic consumer laws. Special telecom consumer protection has been enacted as a result of the recent (and ongoing) telecom policy reform. In line with international trends, Ethiopia's consumer laws in the telecom sector consider the particular characteristics of telecom consumers. The laws are designed to counter the power gap in bargaining power between consumers and telecom operators, uphold social injustice, address knowledge asymmetry and transaction costs. The quality of legal and institutional framework of consumer protection determines the effectiveness of consumer protection in the sector. The thesis examines Ethiopia's consumer protection framework based on comparative studies. It argues that current Ethiopian law exhibits several normative gaps that undermine consumer rights. The country fails to legislate laws to protect vulnerable consumer rights, a structurally independent regulator, consumer civil association representation in the regulator, net neutrality rules on Voice over Internet Protocol (VOIP) services, and data breach notification standards. There are no clear rules and an independent investigative team made up of system managers in the Ethiopian Communications Authority (ECA) to determine operator’s violation of consumer privacy. The Ethiopian Communications Service Proclamation (EthCSP) specifies access rights to Service Number Portability (SNP), but not how the procedures shall be carried out. Surveillance of Internet and phone correspondence is permitted under a number of broad statutes with a low burden of proof that has only rudimentary protection for the right to privacy. In addition, the modest survey of the practice shows there was an awareness gap among consumers about their own rights in the industry. The operator fails to have disclosure terms on privacy and data protection on the subscriber’s service agreement. And the contract is an adhesive in nature that does not include the rights of consumers in a clear manner which needs amendment. The ECA is yet to educate consumers and inform their rights.Item Au Enforcement Mechanism Against Unconstitutional Change of Government(Addis Ababa University, 2018-01) Degaga Kebede; Wondemagegn Tadesse ( Assistant Professor)Unconstitutional Change of Government in Africa is acknowledged not only as a primary cause of conflict but also regarded as a threat to democratization processes, peace, security and stability of the continent. The first three decades after independence were characterized by inaction and indifference in internal affairs of member states but in the last two decades AU is determined to stem the occurrence of UCG through a set of continental and sub-regional norms and collective action. Unlike its predecessor OAU, the African Union (AU) through normative instruments has committed itself to avert or end UCG occurrence to fundamentally entrench a culture of democracy and good governance. Its pronouncements and active engagement in UCG situations have been forthright. This paper looks into the foundational understanding of UCG situations, and available enforcement mechanism under AU norms against UCG to evaluate the manner of enforcement of its instruments to achieve the overall objectives. It comparatively analyze AU enforcement to identify lessons learnt so far to evaluate its enforcement. In conclusion, the thesis identifies AU enforcement challenges that need to be addressed first in order to deal effectively with unconstitutional changes of government and finally achieve the intended objectivesItem The Normative Status of the Precautionary Principle under International Law(Addis Ababa University, 2018-06) Dejen Yemane; Dereje Zeleke (Associate ProfessorThe Precautionary Principle, an anticipatory model of environmental protection, requires states to take proactive measures when there is a threat of environmental harm without waiting for scientific evidence to prove the causal link between activities, as causes, and environmental harms, as effects. The Principle which has first emerged in the domestic legal systems transferred into the international system and now it has acquired wider recognition in international environmental law. This research finds out the normative status of the Principle under international environmental law. To that end, it examines various international instruments in light with article 38 of the ICJ statute. Many environmental treaties which address global environmental problems, like ozone depletion, climate change, marine environment pollution and loss of bio-diversity, have recognized the Principle. Collective state practices as expressed in the resolutions and declarations of the UN and other international soft instruments establish the customary international law status of the Principle. States, in their litigations before international adjudications, supported their legal arguments on the basis of the Precautionary Principle and they have avowed the binding nature of the Principle. Accordingly, some international adjudication bodies confirmed the normative status of the Principle under international environmental law. Finally, the research has ascertained the normative status of the Precautionary Principle as a treaty norm due to its incorporation in many environmental treaties. It has also ascertained the Principle‟s normative status as a principle of customary international environmental law.Item Land Tenure and Democracy in Ethiopia(Addis Ababa University, 2017-02) Wubshet Kassaw; Muradu Abdo (PhD)This Thesis has investigated the nexus between land tenure and democracy in Ethiopian context deploying relevant primary and secondary sources informed by key informants. The Thesis considers the nexus between forms of land ownership and liberal democracy in a context where there is people’s land ownership policy as recognized under the FDRE Constitution. It has identified and explored four major indicators to determine the nexus between land tenure and liberal democracy. These indicators are: land tenure in relation to neo patrimonial states, land tenure and making the government accountable and transparent, land tenure and democracy (which is conceived as “government by discussion”) and land rights as human rights of individuals and a constituent part of liberal democracy. Using these indicators, the Thesis explores and establishes the nexus between land tenure and liberal democracy. Specifically the Thesis has established the nexus on two different but related grounds and reached to the following findings in Ethiopian context. The people’s land ownership regime in Ethiopia has enabled the government to cultivate a political/governance culture that is contrary to the principles of liberal democracy. Moreover, this land ownership regime has aggravated the problems the country faces in its democratization process. Finally, the Thesis concluded that there is a nexus between land tenure and democracy in the country and argues the issue of land tenure to be an essential political issue that needs to be considered for solving existing problems of illiberal and undemocratic governance.Item The Implementation of Marital Rights of Women: The Case of Gambella Regional State(Addis Ababa University, 2018) Gatkek Kuajien; Mizanie Abate (PhD)Implementation of rights in general is the basic tenet of any entitlement and also for human rights. Though human rights is always seen as less enforceable entitlement due to reluctance of many states worldwide, their implementation is important to bring social, economic and political change within the country. Now a day, since human rights are part of our national laws, their enforcements is also part of the authority entrusted to our government, states and federal administration alike and that the government has legislated laws and established institutions to carry out the implementation on those laws. For women as vulnerable groups in our country that bear the brunt of the ineffectiveness of laws and institutions, lack of implementation of their rights is one aspect that is holding them behind in state building and that, swift attention and action is needed to address the issues that should bring to an end about the continuous existences to their past injustices and for them to compete with men in equal footing in this vibrant state building. With the problem existing nationwide, the more you go to the peripheries is the more the matter become worst. With scant educations from those women located in the less developed regions like Gambella and the continues existences of customs and traditions that still look down on the achievement and practices that strives to bring about gender equality between men and women, it’s debatable to say that, their rights are being implemented.Item Assessing the Bail Rights of Arrested Persons and Its Application At Court(Addis Ababa University, 2023-05) Hiwot Moges; Girmachew Alemu (PhD)Bail is an undertaking entered in to by a suspect with a court or police in which the suspect agrees to appear in court at an appointed date and also comply with every other conditions and terms that may be attached to the bail. In principle bail rights should be respected except for the protection of the community, to prevent fleeing of the suspect and interfere with witnesses and evidences. The objective of this thesis is to evaluate the bail rights of accused individuals and its implementation at Court. The research methodology utilized in this study is qualitative in nature, with an empirical approach. The researcher has used both primary and secondary data. The data has been analyzed by using a qualitative data research analysis method. Therefore, it is important to revise the remand provision and providing training and support to judges.Item Challenges to Submit Opposition: the Case of Addis Ababa City Adminstration Regarding Immov Able Properties and Infrastructructre Progects.(Addis Ababa University, 2023-10) Mezemir Tenkir; Muradu Abdo,(Associate Professor)As shown throughout the last ten and more years, the City of Addis Ababa has been undertaking the building of massive infrastructure projects aimed at supporting the city’s ever-increasing population. Such projects are never easy to complete, as many private citizens allege that the AACA violates their property rights. Several lawsuits have been filed against the AACA. Furthermore, the ECPC presents a difficult legal environment, particularly in circumstances involving objections to significant projects performed by the AACA. This study investigates the applicability of Article 358 of the ECPC, as well as the difficulties the AACA is having in bringing opposition petitions to courts, particularly in respect to its multibillion birr infrastructure projects. The study underlines the need for a more deep and thorough investigation of the difficulties that the AACA is facing when attempting to execute massive infrastructure projects, including legal challenges. This study employs qualitative study of legal documents, including court decisions. Furthermore, a contextual analysis that takes stakeholder perspectives and historical context into consideration as these can provide a comprehensive understanding of the opposition landscape. The AACA and its many sub-structures face enormous difficulties in bringing opposition petitions to courts of law. The FSCCB’s binding decision in this regard is an example. As a result of such a binding ruling, the city’s multi-billion birr infrastructure projects are lagging; as such decisions effectively prohibit the submission of an opposing petition to the cassation court. This study contends that the AACA municipal government’s justice bureau and prosecutors operating at the Woreda and Sub-municipal levels have the legal ability to file opposition petitions.Item Analyzing the Constitutive Instruments of the United Nations and the International Criminal Court, to Preventing and Resolving contemporary world conflicts- Using the Russia-Ukraine conflict as a case study(Addis Ababa University, 2024-05) Max Charley; Wondemagegn Tadesse (PhD.)This study examines the nature of contemporary world conflicts, which endanger international peace and security, thereby causing the commission of international criminal offenses, such as the crime of genocide, war crimes, crimes against humanity and the crime of aggression. Accordingly, the research will endeavor to analyze the constitutive instruments of the United Nations and the International Criminal Court (ICC), to resolving contemporary world conflicts-; particularly, the Russo-Ukraine conflict, which erupted in February 2022. It will further examine the reform of the United Nations Security Council, and proffer recommendations to remedy the Russo-Ukraine conflict and other contemporary world conflicts. The study is conducted using the doctrinal /or dogmatic legal research, which is qualitative in nature. The doctrinal /or dogmatic legal research is employed to discuss and analyze the legal texts of the Charter of the United Nations and the Rome Statute, aimed at finding solutions to the Russo-Ukraine conflict and other contemporary world conflicts in general.Item Adequacy of Legal Framework Regarding Islamic Banking in Contemporary Ethiopia(Addis Ababa, Ethiopia, 2024) Agrani SabitoThis thesis examines whether Ethiopia`s existing legal framework for Islamic banking within its interest-free banking system is adequate. To this end the thesis has focused on Musharakah, Mudarabah, and Murabaha financing. Through a thorough review and analysis of relevant laws, supplemented by modest interviews and comparative experience, the study assesses the alignment of existing legal structures with Islamic banking principles. The findings reveal both areas of congruence and disparity between Islamic banking principles and Ethiopian legal norms, highlighting potential legal hurdles for Islamic banking development. Drawing insights from comparative analyses of Indonesia and the United Kingdom, the study proposes key lessons for Ethiopia. It emphasizes the necessity of regulatory clarity and an improved legal framework to nurture Islamic banking growth while ensuring compliance with Ethiopia's legal and financial stability objectives.Item The Legal Framework of Ethiopian Investment Holdings (EIH)(Addis Ababa University, 2023) Angesom Haddish; Martha Belete(PhD)Item The Use of Special Investigation Techniques in Counter-Terrorism Prosecutions in Ethiopia: An Appraisal of the Law and the Practice(Addis Ababa University, 2024) Bebizuh Mulugeta; Wondwossen Demissie(Associate Profesere)Criminal justice measures to counter-terrorism shall be proactive so as to reduce the occurrence of terrorist attacks. This approach, among others, involves using SITs which are secretive methods that can be used to gather information/evidence without alerting the suspect. Though SITs are helpful for the prevention and investigation of terrorism, there are also human rights concerns raised in the use of SITs. This makes it necessary to balance human rights and security by setting preconditions of the use of SITs. Under the PSTCP Police can employ SITs subject to the preconditions that shall be fulfilled to use them for counter-terrorism investigations. In addition, NISS is responsible to follow up terrorism according to its establishment proclamation. This research examines the law and the practice in use of SITs in counter-terrorism in Ethiopia. By employing qualitative and quantitative research methodologies, this research finds out that Ethiopian federal police is not using SITs that the anti-terrorism prosecutions are dependent on technical investigation reports prepared by NISS. Even if court authorization is a precondition to use SITs, none of the court cases and investigation files studied in this research contains evidence of court authorization. And it can be presumed that the evidences were gathered without court warrant. There are divergent practices, in court as well as prosecutorial decisions, in scrutinizing the legality of evidences obtained through SITs. In addition, despite the fact that PSTCP obliges for evidences gathered through SITs to be presented in the same way as they are obtained, in the actual practice prosecutions are being conducted by using technical investigation reports as evidence. As the judgments in the court cases, the evidences could not be presented directly because they are classified as „top-secret‟. The courts as well as prosecutorial decisions show inconsistency in scrutinizing the legality of the evidences and admitting/using technical investigation reports as evidence as well. For better implementation of the law on SITs this research recommends, among others, the Ethiopia Federal Police shall start using SITs by its own. In addition, a detailed legal framework on intelligence/evidence exchange between NISS and other law enforcement organs shall be enacted.Item Appraisal of the Ethiopian Legal Framework for Prosecution of International Crimes Committed Abroad(Addis Ababa University, 2024) Belayhun Ashenafi; Messay Asgedom(PhD)Despite the recognition by states that core crimes pose a threat to the international community and the importance of combating impunity, little attention has been given to the prosecution of such crimes committed abroad, including in Ethiopia. This research aims to explore the prosecution of international crimes committed abroad within the framework of the Ethiopian criminal justice system and point out the substantive and procedural challenges. This research has conducted on both doctrinal and empirical research approaches. Interview with key informants have technically administered and analyzed by using purposive sampling technique to collect relevant data as a primary source. As a secondary sources, the researcher has reviewed relevant literatures and analyzed a variety of documents that are essential for the conduct of the study. Finally, the data gathered from both primary and secondary sources have thematically analyzed. The findings of this research have revealed that the Ethiopian criminal legal frameworks do not address adequately the criminalization, investigation, and cooperation on prosecution of international crimes committed abroad. No thresholds have provided by the legal machinery as to the specific conditions, and underpinning criteria for the application universal jurisdiction in Ethiopia. This thesis also founded that there is an impunity gap emanating from a lack of criminal liability for crime against humanity since it is not criminalized at all. Therefore, the research recommends that the Ethiopian law-making organ enact laws that criminalize crime against humanity. Also, the Criminal Procedure laws of Ethiopia should clearly incorporate specific procedural rules and principles applicable to special investigation, prosecution, proceedings, and international legal cooperation towards prosecution of international crimes committed abroad.Item The Prohibition on the Use of Ethnic Trade Names and its Implementation in the Banking Sector in Ethiopia(Addis Ababa University, 2024-05) Zewdu Yitayew; Solomon Abay(Associate Professor)This research examines the legal framework prohibiting the use of ethnic trade names and its implementation in Ethiopia's banking sector, focusing on Amhara, Oromiya, and Sidama banks. Employing a doctrinal legal research methodology and using both primary and secondary data sources, the study assesses the enforcement of the law. Findings reveal a discrepancy between the law and industry practices, with ethnic-based trade names becoming common. The study concludes that the Ministry of Trade and Regional Integration bears primary responsibility for non-implementation, while the National Bank of Ethiopia shares some responsibility. The paper highlights the violation of Article 16 (1) (b) of the Commercial Registration and Licensing Proclamation No.980/2016. The research justifies the prohibition, emphasizing the need for national unity and an inclusive banking environment. Recommendations include intensified enforcement, a review of the registration process, collaboration between regulatory bodies, and further research on implementation challenges. Implementing these recommendations will foster an inclusive business environment in Ethiopia.Item Arbitration as Collective Labour Dispute Resolution Mechanism under the Labour Proclamation No. 1156/2019 In Light of Ilo Conventions(Addis Ababa University, 2024-01) Demmelash Tegegne; Wondemagegne Tadesse (Assistant Professor)This thesis examines the effectiveness of arbitration as a mechanism for resolving collective labour disputes in Ethiopia, analyzing its implementation under the Labour Proclamation No. 1156/2019 in light of relevant ILO conventions. The study critically assesses the Ethiopian system's unique blend of voluntary and compulsory arbitration, focusing on the role of the Labour Relations Board and its potential impact on fairness, access to justice, and compliance with international standards. The thesis delves into the tension between government intervention and party autonomy, highlighting the potential for bias and the need for robust procedural safeguards. Drawing on comparative analysis and international best practices, the research provides recommendations for enhancing the Ethiopian system to promote a more equitable, efficient, and accessible framework for resolving collective labour disputes in line with ILO conventions.Item Prosecution of Atrocious Crimes in Ethiopia: The Practice of Federal Prosecution in Metekel and Kamashe Zone of BGRS(Addis Ababa University, 2023-08) Yayehyenealem Admas; Simeneh Kiros (PhD)There were large-scale, deliberate attacks against members of ethnic groups in Ethiopia. These attacks may constitute atrocious crimes, i.e. crimes against humanity, crimes of genocide and war crimes. Since the government’s reform in 2018, there were ethnic-based attacks in Benishangul Gumuz Regional State; Metekel and Kamashe zone. The perpetrators of the atrocities were prosecuted for crimes against the national state. However, the acts of the perpetrators may constitute crimes against humanity. Therefore, they should be prosecuted for crimes against humanity. On the other hand, though perpetrators were prosecuted for ordinary crimes, the prosecution was not effective. Most of the defendants did not appear before the court and the charge of some of the defendants were withdrawn by the Ministry of Justice on the ground of public interest. However, there is no guideline to determine which factors are to be considered as a public interest to decide the withdrawal of the charge. As a result, most of the defendants were not made accountable to their wrongdoing. It hurts the public trust in the criminal justice system. This thesis examines the prosecution of atrocious crimes in this mentioned regional state and the gaps and impacts of the gaps on the criminal justice system.Item The provisions of THE NEW commercial code on PLC in comparison to the provisions on PLC in THE FORMER commercial code: Any betterment?(Addis Ababa University, 2024-06) Andualem Taye; Zekarias Keneaa (Associate Professor)Private limited companies (PLCs) are the most popular and prevalent form of company in Ethiopia. As economic machines the formation, governance and management of PLCs must be conducive to the economic growth and development of the country. PLCs in Ethiopia, however, have been surrounded by problems. Many of the problems are believed to be related with the provisions of the 1960 CC governing PLCs in Ethiopia. With the aim of alleviating the problems, bridging insufficiencies, filling gaps and facilitating commerce, the new 2021 CC came up with changes (improvements, deletions, and inclusion of new ideas) on PLC provisions. A comparative exploration of the changes and identification of betterments, deficiencies & gaps on PLC provisions as well as evaluation of how much PLCs have used the betterments and its implications are not yet sufficiently done. After an article by article exploration of the provisions of the new CC on PLCs in comparison to the provisions on PLCs in the former CC, and after evaluation of the practical application of the betterments and its implications, the researcher unveils and concludes that, in comparison, the new CC came up with up to date betterments but there still are deficiencies and gaps. Moreover investors in PLCs are not yet sufficiently using the betterments made on PLC provisions in the new CC. Therefore the researcher recommends organizing awareness creation forums on the betterments on PLC provisions in the new CC and the legislature has to amend the CC to correct the noted deficiencies and to fill the gaps to minimize agency problems and improve protection of minority shareholders and facilitate commerce.