LLM in Commercial Law

Permanent URI for this collectionhttps://etd.hu.edu.et/handle/123456789/180

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    COMMERCIAL AGENT IN ETHIOPIA: A COMPARATIVE STUDY
    (2019-02) MULUGETA TEKLEHAYMANOT
    This is a comparative research work on the legal frame work of “Commercial Agent” in Ethiopia with an objective of exploring the various available legal frameworks there for and the associated problems therein. In this LLM thesis, it has been tried to overview the various legal protections on Commercial Agent in different jurisdictions and to also compare and contrast these ‘Commercial Agent’ frameworks with that “Commercial Agent” Legal frame work in Ethiopia. The paper finally comes up with some conclusions drawn from the legal loopholes and problems observed in the Laws which bestowed protection to Commercial Agent and the findings of the research show that there are inadequate legal frameworks to regulate the Commercial agency, part icularly Commercial Agent in Ethiopia. As a result under the Commercial Code of Ethiopia regarding the scope of a commercial agent’s activities , the exclusionary rule from Commercial agent businesses , the effect of Continued performance after the ex piry of fixed period, the consequences of non - observance of mandatory notice for termination, duty to cooperation of the commercial agent and principal, issue of remuneration post termination, the entitlement of Commercial Agent up on termination for de finite period of time, the entitlement of Compensation/indemnity if the agency relation is terminated due to death, illness, age and infirmity of the agent ,obligation not to compete post termination and the time - barred(period of limitation) for entitleme nt of compensation up on termination of the agency agreement are not properly addressed in a manner that attracts Commercial agency business investment.
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    POLITICAL UPRISING AND FOREIGN DIRECT INVESTMENT IN ETHIOPIA: LEGAL PROTECTION AND COMPENSATION
    (2019-06) BEHAILU BERGENA WADA
    n the current globalized world, where every single action of one country or any international organization directly or indirectly; positively or negatively affects another country, FDI is considered to be one of engines of boosting economic development of both developed and developing countries in which Ethiopia is not an exception. There are different theories for and against the flow of FDI into the territory of the host country. Those which analyze in favor of it try to mention the positive effects of FDI while the opposite side criticizes the same on the ground that FDI doesn‘t play positive role in the affairs of the host country or it takes the minimal part. Sooner or later it is positively considered by the majority of academic persons and politicians. FDI is not indifferent to the domestic situations of the host country. There are different determinants which play either positively or negatively in the inflow of FDI. One of the determinants is the political environment of the recipient country. The more stable is the political situation of the host country the more likelihood of inflow of FDI will be. The holding of massive political demonstration, political violence and armed conflicts are some of features of political instability in the host country which put the host country in disadvantageous part regarding the inflow of FDI. The study is mainly devoted to be conducted due to the current political uprising which has begun mainly three years ago. Following the political uprising, several FDIs have suffered from damage. Though the response of the government, to repair the damage, is quicker, investors have welcomed it in hesitation alleging its insufficiency. There are also investors who have refused to receive the government‘s ‗financial support because of its disproportionality to their damage. The general objective sought to be achieved, in the study, is checking whether the country has tried its best to prevent or mitigate the occurrence of the damage and the response of investors on the ‗financial support‘ made by the government. To do so, the qualitative and non-doctrinal research methodology has been employed. The legal documents and other literature have been reviewed. Interview has also been conducted with the Ethiopian Investment Commission and three investors which have been selected from among the injured investments following the political uprising. The study has revealed that Ethiopian government has shown reluctance in implementing the country‘s obligation of according full protection and security. Therefore, it has come up with the recommendation that the Ethiopian government should give equal endeavor for putting the obligation into practice as that of its diligence to attract FDI.
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    PROSCRIPTION OF GROUPS OR ORGANIZATIONS AS A TERRORIST UNDER ETHIOPIAN TERRORISM LAW; A COMPARATIVE LEGAL STUDY
    (2023-11) CHEMIR WOLLDE KERGA
    The Ethiopian government has implemented a comprehensive legal framework to combat terrorism, including provisions for proscription of organizations or groups as terrorist entities which involves designating it as a terrorist organization, thereby making its activities illegal and subject to criminal penalties. This comparative legal study examined the proscription of organizations as terrorists under the Ethiopian terrorism law through comparative analysis. Comparative jurisdictions may differ in the extent to which they provide procedural fairness, judicial review, or mechanisms for organizations to challenge their designation as terrorists. Additionally, the analysis explores the implications of proscribing organizations as terrorists on freedom of association and freedom of expression. Accordingly, laws of U.S., Australia, and Nigeria are considered for comparison. Selection of these nations as a sample is because of universal nature of terrorism crime and as member states to UN, they reached an agreement to combat it. Additionally, they enacted laws on proscription of organizations as a terrorist and practiced it. To achieve the intended objectives the thesis employed qualitative method as an approach. After the collected primary and secondary data analysis, the study found that the Ethiopian proscription of organization as a terrorist law seeks amendment in terms of providing clear grounds to proscribe, the procedural safeguards of the organization proscribing, accountability and transparency of the proscribing body and guarantying of human rights of individual associated with the organizations.
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    ASSESSING THE LEGAL AND REGULATORY FRAMEWORKS FOR MORTGAGE BANKS IN ETHIOPIA
    (2023-11) RASHIDA AMAN JERSO
    The development of mortgage banking legal and regulatory frameworks can determine the efficiency and sustainability of the housing finance system. A well-functioning mortgage market will primarily increase funding for housing at competitive cost and pricing to consumers of housing there by enabling more people to afford decent housing. The lack of mortgage banking legal and regulatory frameworks and integrating them with other conventional banks governing regimes is causing doubt and undermining the recently revived mortgage industry in Ethiopia. Hence, the basic objective of the study is to assess mortgage banking legal and regulatory frameworks in Ethiopia. The qualitative method of the study has been used to address the research questions effectively and efficiently, and the research has been supported by the notion of public interest theory. In conducting the study, general principles pertaining to effective legal and regulatory frameworks for mortgage banks and the experiences of some of the purposefully selected countries based on their successes and relevance to Ethiopia have been used. Finally, the study found that the outdated and one-sized legal and regulatory frameworks for all banks in the Ethiopian universal banking model have influenced the development of mortgage banks in Ethiopia. The study recommends that lawmakers should enact a comprehensive law and set up an organized regulatory framework for mortgage banks so as to adequately regulate and harmonize the housing finance system in the country.
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    REGULATING INFORMAL FINANCIAL INSTITUTIONS IN ETHIOPIA: THE CASE OF ‘IKUB’ IN GURAGE SOCIETY
    (HAWASSA UNIVERSITY, 2024-11) HAILU NIMA AYANTA
    This thesis examines the legal and practical challenges of one of the most important Ethiopian informal financial institutions known as ROSCA or Ikub. These institutions play a vital role in solving financial problems among Gurage societies. While playing a key role in addressing financial issues in Gurage, many Ikubs lack auditors and do not conduct regular audits, leading to potential problems with financial transparency and accountability. In addition, there are Ikubs in Gurage that impose penalties each day due to noncompliance, even though the Ikub operates on a weekly basis. These institutions in Gurage often lack written internal bylaws, despite some having their own bylaws, which often conflict with the national laws. Moreover, this thesis found that, in most Ikub of Gurage the chairperson took full lot of Ikub without making any contributions to the entire season, which can result in the chairperson gaining unfair advantages. However, lessons from Thailand and South Africa show that a ROSCA manager does not gain any advantages besides being eligible to receive the central fund within a specified timeframe. Overall, this thesis sheds light on the complexities of informal financial institutions operating in Gurage, Ethiopia, and provides insights into the need to have a separate legal framework to govern informal financial institutions like Ikub in Ethiopia
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    PRIVATE COMMERCIAL DISPUTE SETTLEMENT IN ETHIOPIA: LEGAL FRAMEWORKS AND INSTITUTIONAL PRACTICES OF ARBITRATION IN ADDIS ABABA
    (HAWASSA UNIVERSITY, 2024-11) MEKIT ZELEKE ALEMAYEHU
    Today Arbitration has emerged as a significant mechanism for resolving commercial disputes, especially given the growing complexity of domestic and international business transactions. To meet this, Ethiopia introduced a legal reform through Proclamation No. 1237/2021. This legal reform aims to modernize Ethiopia’s arbitration legal and institutional framework by providing a governing regime and recognizing institutional arbitration practice. This thesis based the objective of critically examines the impact of this newly introduced on the commercial arbitration landscape in Ethiopia, with a particular focus on how it has shaped the development and operation of commercial arbitration institutions in Addis Ababa. It compares the current arbitration legal framework with the previous legal regime, emphasizing the Civil and Procedure Codes. In addition, the thesis assesses and identifies the practical and legal challenges that arbitration centers face following the 2021 legal reform, to achieve these objectives; the thesis employed Within the qualitative research design, the socio legal research methodological approach in a blend of both doctrinal and non-doctrinal legal research. Along with legal analysis, key informant interviews were conducted with relevant individuals and experts involved in the subject of the study and arbitration institutions included in the study. These primary sources along with secondary sources were thematically analysed and triangulated in this thesis. Accordingly, the thesis shows that while the legal reform has facilitated the development of institutional arbitration, there are significant gaps. These gaps include legal and practical. the legal is not having clear regulations for establishing arbitration centres and also the problem conflict arbitration law and other laws, the practical challenge is resources and awareness With these findings, the thesis recommends the implementation of a clearer regulatory and amending thus conflicting part of the legation, and for practical challenges investing in awareness and supporting institutional capacity to ensure a more robust and effective environment for arbitration
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    MINIMUM CAPITAL REQUIREMENT FOR THE ESTABLISHMENT OF BANKS IN ETHIOPIA
    (HAWASSA UNIVERSITY, 2024-11) MEKDES MENA TEKA
    The banking sector plays a vital role in the development of the country, serving as the conduit for financial intermediation. Minimum capital requirements are essential for ensuring banks maintain a buffer against potential losses, thereby safeguarding depositors’ funds and promoting overall financial stability. These requirements are designed to enhance the resilience of banks and prevent systemic risks that could arise from inadequate capitalization. NBE sets capital requirements for banks from time to time by updating the pre-existing capital requirements to respond to both domestic needs and international regulatory standards. The study aimed to evaluate the minimum capital requirement laws and its challenges for small banks to meet the required capital in Ethiopia. In relation to the methodology, the study used a blend of both doctrinal and non-doctrinal legal research, and in addition, the purposive sampling technique was used. The study has been conducted on the basis of qualitative research techniques to analyze minimum capital requirement laws and its challenges for small banks to meet the required capital in Ethiopia. Data were collected from different sources like laws, proclamations, and directives by NBE, books, journals, and articles related with minimum capital requirements for banks. Moreover, semi-structured interviews have also been conducted with private banks managers at the Hawassa branch and NBE policy supervision department. Finally, the data collected were analyzed through the content analysis method. Based on the findings of the thesis, it is concluded that small banks, especially those started their operations recently, faced challenges to meet the required amount of capital because of the inadequate capital held by them. Based on the findings, recommendations were forwarded. So, it is highly recommended that the NBE should regularly review and adjust the laws and policies to keep pace with the changing economic conditions and launch campaigns aimed at educating the public to join the bank industry. Lastly, the NBE must instruct small banks to have continuous training programs for their staff and to use new technology to minimize costs
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    DUTIES AND LIABILITIES OF SHARE COMPANY DIRECTORS UNDER THE NEW COMMERCIAL CODE OF ETHIOPIA: LESSONS FROM SOME SELECTED COUNTRIES.
    (HAWASSA UNIVERSITY, 2024-05) EMIL KEDIR
    his research examines the duties and liabilities of share company directors under the new Ethiopian commercial code, comparing it with South African, United Kingdom, and German company law. The study aims to examine the best experiences and lessons learned from these countries and draw lessons for the Ethiopian system. The research highlights the limitations of the revised Ethiopian commercial code, recommending that directors must operate in the best interests of shareholders. However, the director's duty of loyalty did not include all three components: refraining from using corporate opportunities for personal gain, refraining from having a personal stake in business transactions with third parties, and maintaining confidentiality of corporate information. Despite these shortcomings, the new Ethiopian commercial code remains effective compared to foreign jurisdictions. The research also provides recommendations for improving the Ethiopian commercial code
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    THE ETHIOPIAN MICROINSURANCE REGULATORY FRAMEWORKS: A CRITICAL ANALYSIS
    (HAWASSA UNIVERSITY, 2024-06) BEHAILU ALEBACHEW
    Micro insurance is a novel financial strategy that recently evolved for the purpose of providing appropriate risk control mechanisms for low income-segment of the society. Our country Ethiopia is characterized by extreme levels of poverty exacerbated by the fragmented and under-developed state of agriculture. Illness, death and drought are the biggest risks in Ethiopia. Even though, micro insurance is understood to be an effective tool for the protection of the poor, the micro insurance industry of the country is in infant stage and its regulatory frameworks are marred by a lot of regulatory inefficiencies .This study critically assessed the existing regulatory frameworks of Ethiopian micro insurance industry. The study applies doctrinal and non-doctrinal research approach. In order to explore the different issues included in the research, both primary and secondary data are used .Key informant interviews with carefully chosen from National Bank of Ethiopia, Ethiopian Insurance Corporation and former Omo Micro Finance Institution S.C current Omo Bank S.C personnel and knowledgeable specialists and relevant laws were employed to gather the study's primary data. The secondary data were gathered from various published and unpublished publications, including internets, scholarly works, books and journal articles. Both descriptive and explanatory methods were used to analyze the data. Based on the findings, although, the NBE has enacted micro insurance business licensing, license renewal and product approval Directive No. SMIB/3/2020, its regulatory frameworks are marred by a lot of regulatory inefficiencies .Some of the notable challenges of the regulatory framework include absence of separate , consolidated, specialized , adequate and fragmented structure of the regulatory frameworks .The researcher recommends regulatory approach shift from functional and institutional approach to only institutional approach and legislative amendments for the introduction of separate, specialized, comprehensive, adequate and consolidated micro insurance regulatory frameworks which will enables the coming of separate and specialized micro insurance companies and to enhance micro insurance penetration in the country.
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    REGULATING SUKUK SECURITIES IN ETHIOPIA’s CAPITAL MARKET: A COMPARATIVE ANALYSIS AND LESSONS OF THE LEGAL AND INSTITUTIONAL FRAMEWORKS
    (HAWASSA UNIVERSITY, 2025-06) ABDULKERIM BEFETA MOHAMMED
    Sukuk emerged as an alternative sharia-compliant financial instrument to conventional debt-based instruments. Nowadays, Sukuk is one of the flexible and fastest-growing financial products in the global financial market. In Ethiopia, despite high demand for sharia-compliant products, comprehensive regulatory frameworks for Islamic finance have not yet been developed. Besides, Ethiopia has recently introduced a capital market as an investment opportunity to provide diverse and innovative financial products for all. Following this, there is legal recognition of Sukuk. Despite this, there is no specific law that regulates Sukuk products and the current financial laws also not suitable for Sukuk in Ethiopia. This paper aims to assess the need to develop regulatory framework for Sukuk securities in Ethiopia by analyzing the successful experience of other nations. To this end, the research employed doctrinal research methodology and also comparatively analyzed the best experience of selected nations (Malaysia, Indonesia and Nigeria) to draw lessons for the successful regulation of Sukuk in Ethiopia. It has been observed that, in selected jurisdictions supportive legal and regulatory framework significantly supported the development of Sukuk. Based on the analysis, the researcher proposes legal and regulatory institutional issues. Among others, Ethiopia should modify the existing principal legislations to regulate Sukuk as a financial security, prepare detailed regulations or guidelines for Sukuk, establish a centralized Sharia advisory council and establish an appropriate forum of adjudications for the successful regulation and implementation of Sukuk. Regarding operational strategies, Ethiopia should adopt and implement the simplest and common Sukuk structures through a phased-based approach.