LLM in Commercial Law
Permanent URI for this collectionhttps://etd.hu.edu.et/handle/123456789/180
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Item THE ETHIOPIAN MICROINSURANCE REGULATORY FRAMEWORKS: A CRITICAL ANALYSIS(HAWASSA UNIVERSITY, 2024-06) BEHAILU ALEBACHEWMicro 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 The secondary data were gathered from various published and unpublished publications, including internets, scholarly works, books and journal articles.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.Item 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 MOHAMMEDSukuk 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.
