LLM in Commercial Law

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

Browse

Now showing 1 - 20 of 27

INVESTOR-STATE ARBITRATION UNDER ETHIOPIAN BILATERAL INVESTMENT TREATIES
(2018-06) GIDEY BELAY ASSEFA
Investor-state arbitration is quasi-judicial means of settling investment disputes which was considered as neutral, flexible, cost effective and specialized form of dispute settlement. Currently, however, the overall system of investor-state arbitration is criticized for it gives protection to investors while undermining host state’s interests. Almost all Ethiopian BITs contain investor- state arbitration. It is not known, however, if investor-state arbitration under these BITs balances the interests of investors and host states. Hence, the objective of this study is to examine whether investor-state arbitration provisions of Ethiopian BITs balance the interests of the country and investors. In doing so, text analysis of 28 Ethiopian BITs is made. A semi-structured interview with purposively selected individuals, who are academicians, practitioners and government officials, is also employed. Literatures and reports are also used. Consequently, it has been found that most investor-state arbitration provisions are framed broadly and leave many procedural issues to external rules of arbitration thereby give unfettered discretion to tribunals. They are inconsistent and open to abuse of MFN. Host states are not guaranteed to submit claims or counter claims and the types of relief that the tribunal may render is not addressed within the BITs. These findings take us to the conclusion that investor-state arbitration under Ethiopian BITs guarantee the rights of investor, and not the host state. These provisions can have a devastating effect on the host country once a case arises. An analysis on the compatibility of the recent global developments of rectifying the problems have been conducted that revealed that abandoning investor-state arbitration is not a good choice for Ethiopia. The study finally recommended that investor-state arbitration must continue to exist in the Ethiopian BITs but with major reform.
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.
Analyzing the Legal and Institutional Functions of Copyright Collective Management Society in Ethiopia: A Comparative Analysis.
(2019-03) Berhanu Mulugeta
Copyright collective management society is very important for managing copyright since individual management is impossible for right holders to exercise their rights by dealing with all potential users. Accordingly, the objective of this thesis is to examine the adequacy of the legal and institutional function of collective management society in Ethiopia and go through the legal loopholes of the new amended copyright law and difficulties of Ethiopian collective management society. The research is predominantly doctrinal and qualitative data is used to test the validity of the research .Also, Comparative study was conducted with foreign laws of other countries namely Canada, Germany, India and Nigeria since these countries have a sound copyright policy, well developed collective management society, and comprehensive copyright law. The researcher found that certain ambiguities on the legal provisions on the formation of collective management society are obstacles for the formation of collective management society. The provisions of Ethiopian collective management society are not compatible with digital technology. Also, the study found out in addition to the legal gaps, there are other challenges that affect the establishment of a strong and functional collective management society in Ethiopia; for instance, lack of trust of copyright owners on collective management society, lack of unity among the copyright owners and cooperation between the government agencies. Therefore, it is concluded that collective management society has not been effectively functioning in Ethiopia due to loopholes of the provisions of copyright law and unable to keep the interest of copyright owners. Accordingly, the researcher recommends amendments in the provisions of the copyright and neighboring right law to make it comprehensive law and to provide viable solutions for the legal gaps and problems that affect the formation of vibrant collective management society. Moreover, Ethiopia should adopt the experiences of the countries like German, Canada, India and Nigeria in managing copyright in protecting the rights of copyright owners and users and set up a well-developed collective management society.
The Legal and Institutional Framework of Public Construction Works Procurement in Ethiopia
(2019-04) Yohanan Yokamo
Ethiopia has adopted its own legal and institutional framework of public procurements consisting of modern public procurement rules, principles and regulatory set ups so as to overhaul the weak and corrupt public procurement systems. Although there are changes in the Ethiopian legal and institutional framework following the enactment of the 2009 Public procurement proclamation, it is argued with regard to its application to different type of public procurements. Accordingly, this paper particularly deals the legal and institutional framework of public construction works procurement in Ethiopia. Crucially, the public procurement regime in a market economy is, inter alia, determined by the quality of the consistency and inclusion of the modern guiding principles for public procurement laws. In this respect, the Public procurement regime has markedly developed considerable guiding principles of public procurement. Accordingly, this work assessed those principles in legal and institutional framework of public construction works procurement in Ethiopia and through discussion; it has found contravening the guiding principles. Accordingly, based on the legal research qualitative methodology and primary data, cases and looking into the existing literature, the paper basically identified that inadequate emphasis given to the methods and procedures of public construction works procurement and lack of specific regulatory framework that adopt e-procurement methods of procurement and Performance- Based Contracting (PBC) in government construction works procurement, and nonetheless, the failure of regulatory framework to effectively address procurement made between two and more public bodies and the fragmented nature of public construction works procurement regulatory framework are crucially affecting the effectiveness of the public construction works procurement in Ethiopia. In addition, the thesis further argues, absence of comprehensive regulatory framework that allows public bodies to check the reasonable performance, require regulatory reforms in Ethiopia to introduce new approach and tools like Performance Based Contracting (PBC) that enable public bodies to reasonably check „cost of procurements effectiveness‟. As regards institutional setups for the competitive public construction works in Ethiopia, the study identified the absence of coordination and overlap of mandates among government organs charged to check and balance the activity of procuring organs in public construction works in Ethiopia.
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.
BALANCING RIGHTS AND OBLIGATIONS IN ETHIO-CHINA BIT
(2019-06) HASHIM TUNA
Thank you Lord ,you are Unmoved mover of globe, for making this possible and for all the blessings. May your name always be praised because it is only through you Lord that your creation can live a more fulfilled and purposeful life. This thesis would have remained an idea without the constant encouragement, unwavering dedication and outstanding supervision from my supervisor ,Associate Professor Daniel Behailu. At a personal level, he is generous, friendly and easily gets along. At a professional level, he creates the perfect environment for personal growth, reflection, focused research and offers meticulously insightful comments. I am deeply indebted for the invaluable time we spent discussing numerous general international laws during investment course and while conducting my thesis. Thank you so much for your patience and for your intellectual curiosity. I would like to thank my parents ,especially my Mom, who always encouraged me to seek new challenges and opportunities for my personal development. Additional thanks are due to my colleagues in Justice Office, thank you for the steadfast friendship and the moral support above all for the, constant inspiration. All of you , thank you for the friendship and for the motivation. I would like to thank my son, Singtan, who provided me with a very peaceful pregnancy, which made it possible that I continued to pursue my Master’s degree and write my thesis while working full time. Lastly, Special thanks are due to my wife ,Emu, for all the love and support, constant encouragement, generosity and for keeping me grounded and who followed with a lot of enthusiasm the development of this thesis. Thank you very much for your love, understanding and for enduring little bear’s kicks during my absence. I hope when little bear ,Singtan, is of age the thesis will inspire her to pursue an education beyond this level. I would never be able to make this dream come true without your support and assistance. From preparing our meals and organizing the house, to listening to all my ideas for the thesis, my wife was undoubtedly the strongest boost that I had to make this thesis a reality.
EXAMINING THE LAWS REGULATING OWNERSHIP STRUCTURE AND FORECLOSURE IN MICRO FINANCE INSTITUTIONS IN ETHIOPIA
(2020-06) ABRIHAM PETROS BASSA
Many people in Ethiopia have been given access to formal financial services through microfinance programs. However, currently millions of potential clients in the region remain unserved and the demand for financial services far exceeds the currently available supply. Microfinance institutions mainly relied on government, NGOs and associations for their finances. Hence the sectors are characterized by capital constraint. Because of this their service is limited to specific locations of the region. There is weak private investors’ participation in the sectors due to absence of dividend of profit and free transfer of shares. More over the sector is characterized by its weak repayment rate of loan because of absence of specific /separate/ foreclosure law which is suitable for their specific future. So the paper found that to establish sustainable and well outreached MFIs, there should be wide shareholders bases or solid ownership base and specific and adequate foreclosure laws that have its own procedural remedies. Hence absence of separate foreclosure law and weak ownership base are identified as the major obstacles for the sustainability of the MFIs. Microfinance institutions should give more emphasis to financial sustainability and making the environment suitable for private investors in order to reduce their subsidy dependence, ensure survival to achieve their social objective and growth in the future. The methodology employed for this study was qualitative and the data were collected from both primary and secondary sources by selecting the institutions purposively. Accordingly, the study recommends the concerning organ to refine the provision that regulate ownership structure and to enact comprehensive specific foreclosure law that have its own procedural remedies for execution.
FAIR TRADE PRACTICES OF PUBLIC ENTERPRISES UNDER ETHIOPIAN LAW: THE LAW AND PRACTICES; WONDO TRADING AND INVESTMENT COMPANY IN FOCUS
(2020-09) EYASU GODANA GOSOMA
This study was geared to analyse the fairness of the trade competition among private entities and public enterprises. To achieve this objective, the attempt was made to examine theoretical and legal frameworks, the fairness of the laws and competition practice by utilizing qualitative research design with predominantly doctrinal legal research method. This has been accompanied by documentary analysis and key informant interview as data collection strategy. The study has found out, market based view, resource based view, trusteeship principle, and survival and growth of business principle and economic efficiency theory as theoretical foundation of the competition and competition laws among which economic efficiency is basis for Ethiopian competition laws. Besides, various national laws are identified as legal frameworks governing competition in Ethiopia. Study has also revealed that, the legal provisions governing competition appears fair among private entities and public enterprises. However, study has disclosed practical fairness of competition among private commercial entities public enterprises is inconceivable due to couple of defects noticeable; among which loopholes regarding the very applicability of relevant law, and lack of implementation regulations; and executive intervention and inequality of playing field as critical legal and practical factors challenging fairness of competition respectively among private commercial entities and public enterprises. Accordingly, study has concluded that impartial law enforcement is doubtful regarding public enterprises and pillars of fair competition are being tainted by different legal and practical factors. Therefore, researcher has recommended that, House of Peoples Representatives to revisit relevant law and avoid ambiguous phrase and resulting subjectivity to different interpretations and Council of Ministers and relevant Ministry to issue regulation and directives and public notices respectively and call for impartial enforcement of competition laws even handily and government’s reduced engagement in the economy.
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.
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.
EXAMINING OVERSEAS EMPLOYMENT LEGAL FRAMEWORK OF ETHIOPIA: IMPLICATIONS FOR REMITTANCE AND THE NEED FOR FURTHER REFORM
(HAWASSA UNIVERSITY, 2024-03) TEREFE JOMBA DAGERO
Ethiopia underwent a series of labour law reforms that culminated in the amendment of overseas employment proclamation in 2021. In view of this national trend, the study attempts to examine the extent to which the imperatives of global overseas employment interrelation have made inroads in to the inflow of remittance from overseas employment legal framework and policy regimes. To address this main research question, a qualitative legal research method is employed to analyze data that has been collected from relevant sources such as books, interviews, journal articles, World Bank documents, legal and policy documents regulating the overseas employment laws in Ethiopia. The data collected from both literature and legal sources were analyzed reveals that Ethiopia has limitations in regulating overseas employment with relevant governmental and non-governmental institutions, hinders the flow of remittances overseas employment. Many countries around the world have adopted ILO Convention No. 189, 190, 143 and 97 and made it part of their national laws to address the employment-related problems of their nationals employed overseas. Although these conventions are important conventions in terms of protecting the rights and safety of overseas employees, Ethiopia has not yet ratified these conventions and made them part of the country's law. Due to these and other reasons, Ethiopians overseas employees face many physical, psychological and economic problems. Ethiopia’s’ Overseas Employment Proclamation No. 1246/2021role in solving the multifaceted problems of workers is minimal. In addition, as a country, the Ethiopian government is not getting the remittance it deserves from this sector. The research has systematically identified and highlights of major substantive areas of overseas employment law that is required to undergo reformulation through repeal or amendments within the overseas employment law and policy regulatory space of laying down the foundations for a comprehensive national policy and developing an efficient and operational framework for its implementation. General, this study has examined that the role of the Ethiopian overseas employment policies and legal frameworks in terms of respecting the rights of overseas employees and generating remittances from this sector is ineffective and needs further strengthening.
REGULATORY FRAMEWORK FOR FOREIGN BANK ENTRY IN ETHIOPIA: CHALLENGES AND PROSPECTS
(HAWASSA UNIVERSITY, 2024-03) MIRCHAWORK HABTAMU
Ethiopia's planned framework for foreign bank entry aims to attract foreign investment and expertise to its financial sector. While fostering competition and economic growth, the framework faces challenges in balancing the interests of domestic banks and ensuring fair competition. This study examines the regulatory framework for foreign bank entry in Ethiopia and explores the challenges and prospects associated with it. The study’s main objective is to analyze the challenges and prospects associated with the new regulatory framework currently under development. To achieve this, the study assesses the legal ramifications of allowing foreign banks to operate within Ethiopia; investigate the potential difficulties and opportunities that the new regulations might present and evaluate the Ethiopian National Bank's capacity to effectively manage and oversee the implementation of the new framework. The research adopts a qualitative research approach by relying on doctrinal legal research methods in addition to non-doctrinal methods, including interviews. This study underlines the Ethiopian government's decision to open the banking sector to foreign banks presents both opportunities and challenges. Its findings show legal gaps that have been identified including inadequate supervision of prudential requirements, lack of specific regulations for foreign branch banking, limited control by host authorities, lack of formal agreements with host countries, lack of clarity and consistency in regulations regarding foreign ownership in banks, lack of specific regulations for joint ventures, inadequate legal framework for mergers and acquisitions, and limited coordination between regulatory bodies. To address these gaps, the study raised recommendations which include enhancing regulatory oversight, developing specific regulations and guidelines, strengthening the regulatory framework, establishing formal agreements with host countries, providing clarity and consistency in regulations, establishing clear guidelines and regulations, developing a comprehensive legal and regulatory framework, and establishing a working relationship between regulatory bodies.
INFORMAL SETTLEMENT REGULATION AND ITS HUMAN RIGHTS IMPLICATION IN ETHIOPIA: THE CASE OF DAYE TOWN, SIDAMA REGION
(Hawassa University, 2024-03) MELESE FUNTE KIMO
An Informal Settlement become sensitive issues today, Informal land deals are targeted for housing purposes. People settled informally mainly because, of imbalanced life situations mainly with the income of individuals and due to lack of getting the formal way of a residential house. These factors force people into the informality process most of the time as people who participated in an interview said. The study also addressed the challenges that can be overcome to lessen their negative effects by considering the practical situation on the part of both informal settlers and key informants. Problems connected with residential houses in the town force people into the informal way of land acquisition system and informal housing process. Controlling the expansion of informal settlements can be made effective through an available housing provision, avoiding restrictions on land transfer, and through strong land administration capacity. Homelessness is a serious human rights violation and can be the result of a lack of affordable housing, often on account of gentrification and speculation or other market forces coupled with racial or ethnic discrimination. To conduct this research the researcher employeda qualitative research approach of legal frameworks and policy of Informal Settlement Regulation and its Human Rights Implication in Ethiopia. In this regard, the study employed primary data that includes official and mandatory legal frame works of Ethiopia and policy with international law analysis, interviews, and secondary data that the researcher employed from various secondary sources which include soft laws, principles, articles, and recommendations. The finding of the study indicated that legal gaps that exist in land laws and policy problems affect human rights. Accordingly, the study recommends that amendments in land laws and policy reform should be made. As far as people with low levels of income and urban poor are concerned, the government must provide possible ways to provide legal ways to get living houses in the city.
THE NEED TO INTRODUCE VIRTUAL CURRENCYIN ETHIOPIA: DRAWING LESSONS FROM SOME JURISDICTIONS
(Hawassa Universityth, 2024-03) KAMIL NASSIR MOHAMMED
Though physical cash is still widely circulating, Virtual currencies are under more scrutiny than ever as those governments, global corporations, and banks that make decisions begin to take them seriously as a solution for the future. The role of financial intermediaries such as banks in guaranteeing the value of the currency is not needed in cryptocurrency transactions. Due to convenience to account Cryptocurrencies & transact it or otherwise, the popularity of Cryptocurrency is rising day to day in Ethiopia. Ethiopian government, however, warn against the use of Virtual currencies. Because of Virtual Currencies anonymous nature the ban will not be achieved. In addition banning is the cutting of innovation. Virtual Currencies has a number of advantages with their own risks too. The natures and the scope of applications of Virtual Currencies raise important legal compliance issues.To these issues traditional fait money regulations are not always compatible to Virtual currencies. This research tries to address the need of introducing Virtual Currencies, by showing prospects and challenges of introducing Virtual Currencies, in Ethiopia. To address the issue the study has employed doctrinal research to pin point and analyze risks and opportunities of introducing Virtual Currencies and to address the Laws in Ethiopia in ways of introducing Virtual currencies, by analyzing lessons of some jurisdictions. Though it has few risks, introducing Virtual currency is beneficial to the country in collecting tax, protecting the rights of the public, promoting innovation and to adopt central bank digital currency. Therefore, the government should modify or enact new laws and policies in the country to address the growth and effects of using Virtual Currencies, andto introducing Virtual Currencies in Ethiopia.
A COMPARATIVE STUDY ABOUT CHALLENGES AND POTENTIALS OF DECLARING CITIES AS FREE TRADE ZONE IN ETHIOPIA
(Hawassa University, 2024-05) LIDIYA MULUGETA KINFE
The role of free trade zone for enhancing the economy of developing countries becomes invaluable these days. Because of that, different countries in the world choose to establish and free trade zone. Ethiopia also declared the city Dire Dawa to be the first pilot free trade zone area since 2022. However the law which allows the establishment of free trade zone and regulates the activities concluded in free trade zone area, is still on its draft stage. Addressing the challenges and opportunities of declaring city administrations as free trade zone areas in Ethiopia especially with regard to law and policy is the major aim of this research. In order to achieve this aim qualitative research methodology implemented. Interview was conducted with some important key informant individuals who are presumed to give a reliable data for this research. In addition to that the experiences of different countries are also provided for comparative purpose. Hence the research is a blend of both doctrinal and non-doctrinal legal research. Based on the finding of the thesis, it is concluded that the free trade zone formation in Ethiopia faced an obstacle because of the absence of regulatory legal frame work enacted mainly to administer those areas in Ethiopia. And also the preparation of the country in general and the city administration particularly seems minimal on especially on free trade zone formation and other related aspects. So it is highly recommended that the draft law which allows the establishment of free trade zone in Ethiopia to be effective as early as possible. And the preparation of the country should be improved on so many grounds.
THE ROLE OF INDIGENOUS CONFLICT RESOLUTION MECHANISM TO SETTLE THE INTER ETHNIC CONFLICT BETWEEN SIDAMA AND GUJI-OROMO IN WONDO GENET WOREDA
(HAWASSA UNIVERSITY, 2024-05) DINKNESH WALENA
Conflicts disturb socio-economic and political society. Therefore, the ethnic conflict between Sidama and Guji-Oromo in Wondo genet Woreda is the most important issue of this study. The purpose of this study was to investigate the role of indigenous conflict resolution mechanism to settle inter-ethnic conflict between Sidama and Guji Oromo. Qualitative research method was used to achieve the objectives stated in the study. The researcher employed primary and secondary sources. Primary data was collected from key informant interviews and focus group discussions, while secondary data was collected from published and unpublished literature. The researcher used the non-probability sampling technique. A total of 40 informants participated in the research. The study shows that the main causes of the conflict between Sidama and Guji Oromo are political and economic causes. The findings of this study show that indigenous conflict resolution methods continue to be used as important conflict resolution methods in the study areas. Therefore, the fiica and Gondoro were the common indigenous way of conflict resolution mechanisms in ethnic group of Sidama and Guji-Oromo communities’ respectively. However, the reconciliation was not successful and did not lead to lasting peace in the working area due to the confusion of political and economic agendas. The study also shows the involvement of various actors in the indigenous conflict resolution mechanism to settle inter ethnic conflict between Sidama and Guji Oromo in the study area within their limits. The study also explained that role of different actors who requires understanding their roles, and limits their capabilities in the specific context of inter-ethnic conflict between the Sidama and Guji Oromo. The number of players was reluctant to reflect their plans in the solution, and the problem that the leader of the local government and the elders who were influenced by some factors such as political interests were explained as a challenge. Finally, Local elders, religious leaders, cultural and tourism institutions and peace committee experts to resolve conflicts and achieve final peace; they must work together and educate the people and the new generation in the culture of the society for lasting peace in the two fraternal races.
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
THE LEGAL GROUND OF PRICE REGULATION IN ETHIOPIA
(Hawassa University, 2024-06) REDIATE HAILEYESUSE KEBEDE
Price affects the society, the market’s supply and demand equilibrium, choice of traders, over all activity of trade and economy of the country. Because of its wide effect, some suggested restrictions to direct the economy in certain desired direction and some others oppose it by mentioning its negative consequences. However, there has not been agreement as to whether the negative effects weigh the positive impact. So, even though price regulation has negative and positive consequences, many countries including Ethiopia follow the policy in order to achieve a certain objective. And this government intervention in price regulation needs legal bases to manage its consequences. The aim of this research paper was to assess the legal base of price regulation in Ethiopia legal system. To conduct this study, the researcher used a doctrinal and qualitative research method to explain the legal ground of price control in Ethiopia. Primarily data like relevant international and national laws that deal with the issue of price regulation in Ethiopia collected, analyzed, interpreted and examined. Moreover, as secondary source of data statutory materials, regulated goods and services practical cases or case reports, relevant literatures related with the subject matter both from foreign and domestic sources like books, journals, unpublished materials and others collected from library and internet sources and analyzed alongside major conceptual, legal and practical framework of price regulation in Ethiopia. In addition, an effort has been made to collect other primary data. Under the primary sources in-depth interviews with people from different categories (academicians, government officials, consumers and traders) who have knowledge and information about an issue have been conducted. In addition questioners have been conducted by randomly selecting 50(fifty) people from the public. Based on the research finding, there are some gaps, when the practices evaluated by the law like lack of standard and regulating price without considering the interest of the stake holders in the business. For the above problems to exist there are different underlying factors. Among those factors lack of legal framework which stipulate the standard and lack of institutional frame work that establish the system to be effective. Based on this, the researcher recommends that to overcome the mentioned problems, the government should issue a legislation which set a standard for appropriate function of price regulation policy
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.
REGULATING INFORMAL FINANCIAL INSTITUTIONS IN ETHIOPIA: THE CASE OF ‘IKUB’ IN GURAGE SOCIETY
(Hawassa University, 2024-11) HAILU NIMA
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.