LLM in Commercial Law

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

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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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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
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.
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
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
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.
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.
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
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.