LLM in Commercial Law

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

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Start date: 2019Subject: search.filters.subject.Ethiopia

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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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    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.
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    THE LEGAL FRAME WORK OF INTEREST FREE MICROFINANCE INSTITUTIONS IN ETHIOPIA: A COMPARLATIVE STUDY
    (Hawassa University, 2025-11-04) ABDULSEMED BEDEWI NURI
    This study endeavors to examine the legal regulations governing interest-free microfinance institutions in Ethiopia with comparisons of Sudan, Egypt, and Malaysia. The research method employed is comparative doctrinal legal research design, which involves scrutinizing secondary data sources such as black and white documents. The qualitative data was analyzed using content analytical techniques that were consistent with the study's objectives. The findings of this study revealed that Ethiopia's legal framework for interest-free microfinance institutions has significant gaps and differences when compared to Egypt, Sudan, and Malaysia. These differences include the specificity of regulations, variations in regulatory oversight and licensing requirements, and the legal basis for interest-free microfinance. Malaysia stands outwith its dedicated legal framework for Islamic finance principles. Addressing these gaps wouldinvolve considering broader legal frameworks, enhancing regulatory oversight, and aligning with international standards. By doing this, Ethiopia can strengthen its legal framework for interestfree microfinance institutions, promoting access to financial services and local economic growth. Therefore, the legislative structure of interest-free microfinance institutions in Ethiopia exhibits gaps and weaknesses when compared to Sudan, Egypt, and Malaysia. These gaps include the lack of specificity in regulations, variations in regulatory oversight effectiveness and capacity, differences in licensing requirements, and a narrower legal basis. These gaps can pose challenges for interest-free microfinance institutions in terms of compliance, clarity, supervision, and consumer protection. To address these weaknesses, Ethiopia should consider enhancing regulatory capacity, aligning with international standards, promoting collaboration, and expanding the scope of the legal framework. Furthermore, Ethiopia can establish a more robust and effective legal framework that promotes the development and growth and of interest-free micro - finance institutions, thereby contributing to financial inclusion and long-term economic progress. Furthermore; it's suggested that National Bank of Ethiopia revise its means of supervising/regulating operations related to free- interest-based micro-financing optimizing outreach effectiveness hence promoting successful establishment/development thereof.