EU plays a dominant role in international maritime governance, and it has comprehensive maritime policies and strategies that have implications for third States. On the other hand, developing landlocked States (LLS) have the lowest bargaining power in the international maritime arena owing to their economic and geographic position. This article examines the implications of the EU maritime policy for developing LLS. After analysis of primary and secondary data as well as empirical evidence from Ethiopia, it is argued that the EU maritime governance such as its port State control regime and maritime market access regulations could possibly make international maritime trade through the EU waters as well as global maritime trade unaffordable for developing LLS. In view of the inherent challenges encountered by developing LLS and the economic interest of these States, it is submitted that there is a need to accord differential treatment schemes in the maritime field to these States at global as well as at the EU level.
{"title":"The EU Maritime Regime and Challenges for Land-locked Developing States: Evidence from Ethiopia","authors":"Tessema Elias Shale","doi":"10.4314/MLR.V14I2.3","DOIUrl":"https://doi.org/10.4314/MLR.V14I2.3","url":null,"abstract":"EU plays a dominant role in international maritime governance, and it has comprehensive maritime policies and strategies that have implications for third States. On the other hand, developing landlocked States (LLS) have the lowest bargaining power in the international maritime arena owing to their economic and geographic position. This article examines the implications of the EU maritime policy for developing LLS. After analysis of primary and secondary data as well as empirical evidence from Ethiopia, it is argued that the EU maritime governance such as its port State control regime and maritime market access regulations could possibly make international maritime trade through the EU waters as well as global maritime trade unaffordable for developing LLS. In view of the inherent challenges encountered by developing LLS and the economic interest of these States, it is submitted that there is a need to accord differential treatment schemes in the maritime field to these States at global as well as at the EU level.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"14 1","pages":"239-275"},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42966661","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
As one of the three organs of government, the structure and powers of the judiciary are enshrined in the 1995 FDRE Constitution. Articles 78 to 81 of the FDRE Constitution and other laws deal with the independence of the judiciary, judicial powers, jurisdiction of courts and appointment of judges. The principles enshrined in these laws include the independence of the judiciary which has two dimensions, i.e., individual/professional independence of judges and institutional independence of courts from other organs of the government. This article focuses on the legal regime and the practices with regard to the institutional independence of federal courts in Ethiopia that are inconsistent with the constitutional guarantee of judicial independence which includes empowerment in the preparation of budget, the process of budget approval, level of autonomy in using revenue generated through court fees, independent administration of support staff at courts, procurement processes and property administration. The article analyzes the relevant laws and discusses comparative experience on these avenues of concern and calls for due attention to the gaps that should be addressed.
{"title":"Institutional Independence of Federal Courts in Ethiopia: Observations (Amharic)","authors":"A. Degol","doi":"10.4314/MLR.V14I2.5","DOIUrl":"https://doi.org/10.4314/MLR.V14I2.5","url":null,"abstract":"As one of the three organs of government, the structure and powers of the judiciary are enshrined in the 1995 FDRE Constitution. Articles 78 to 81 of the FDRE Constitution and other laws deal with the independence of the judiciary, judicial powers, jurisdiction of courts and appointment of judges. The principles enshrined in these laws include the independence of the judiciary which has two dimensions, i.e., individual/professional independence of judges and institutional independence of courts from other organs of the government. This article focuses on the legal regime and the practices with regard to the institutional independence of federal courts in Ethiopia that are inconsistent with the constitutional guarantee of judicial independence which includes empowerment in the preparation of budget, the process of budget approval, level of autonomy in using revenue generated through court fees, independent administration of support staff at courts, procurement processes and property administration. The article analyzes the relevant laws and discusses comparative experience on these avenues of concern and calls for due attention to the gaps that should be addressed.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"14 1","pages":"310-340"},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44867497","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This Comment relates to activities undertaken by the Criminal Justice Working Group (WG) under the auspices of the Legal and Justice Affairs Advisory Council (AC). It covers the period between 17 August 2018 and December 2020. The Comment highlights factors calling for reform of Ethiopia`s criminal justice, institutional arrangement for the ongoing legal and justice reform in Ethiopia and three principal tasks carried out by the WG. It also briefly forwards issues of concern and expression of gratitude.
{"title":"Comment: Ethiopia’s Ongoing Criminal Justice Reform: Modus Operandi, Methodology and Observations","authors":"Muradu Abdo","doi":"10.4314/MLR.V14I2.6","DOIUrl":"https://doi.org/10.4314/MLR.V14I2.6","url":null,"abstract":"This Comment relates to activities undertaken by the Criminal Justice Working Group (WG) under the auspices of the Legal and Justice Affairs Advisory Council (AC). It covers the period between 17 August 2018 and December 2020. The Comment highlights factors calling for reform of Ethiopia`s criminal justice, institutional arrangement for the ongoing legal and justice reform in Ethiopia and three principal tasks carried out by the WG. It also briefly forwards issues of concern and expression of gratitude.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"14 1","pages":"341-356"},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46033652","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"List of Comments, Notes, and Sharing Thoughts: Mizan Law Review, Volumes 1-14","authors":"E. Stebek","doi":"10.4314/MLR.V14I2.9","DOIUrl":"https://doi.org/10.4314/MLR.V14I2.9","url":null,"abstract":"No abstract","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44140249","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Since the formation of the Organization of African Unity (OAU), African countries envisage regional integration to enhance trade among themselves. This effort was preceded by the formation of the sub-regional economic groups which serve as building blocks towards a larger integration. Africa Continental Free Trade Agreement (hereinafter AfCFTA) came into force in May 2019. As per the procedural requirements of the WTO, AfCFTA should be notified either to WTO’s Committee on Trade and Development (CTD) if AfCFTA opts to use enabling clause exception; or it should be notified to the Committee on Regional Trade Agreement if AfCFTA opts to use Article XXIV of GATT/WTO exception. This comment examines under which exception AfCFTA should notify its integration. I argue that it is better for AfCFTA to notify its integration under Article XXIV of GATT/WTO to the Committee on Regional Trade Agreement rather than under enabling clause to the Committee on Trade and Development.
{"title":"AfCFTA’s Notification Options to WTO: Enabling Clause or Article XXIV Exception","authors":"Y. Tegegn","doi":"10.4314/MLR.V14I2.7","DOIUrl":"https://doi.org/10.4314/MLR.V14I2.7","url":null,"abstract":"Since the formation of the Organization of African Unity (OAU), African countries envisage regional integration to enhance trade among themselves. This effort was preceded by the formation of the sub-regional economic groups which serve as building blocks towards a larger integration. Africa Continental Free Trade Agreement (hereinafter AfCFTA) came into force in May 2019. As per the procedural requirements of the WTO, AfCFTA should be notified either to WTO’s Committee on Trade and Development (CTD) if AfCFTA opts to use enabling clause exception; or it should be notified to the Committee on Regional Trade Agreement if AfCFTA opts to use Article XXIV of GATT/WTO exception. This comment examines under which exception AfCFTA should notify its integration. I argue that it is better for AfCFTA to notify its integration under Article XXIV of GATT/WTO to the Committee on Regional Trade Agreement rather than under enabling clause to the Committee on Trade and Development.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"14 1","pages":"357-372"},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49212959","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract The 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral awards is currently ratified by 161 states. The Convention gives a visa for arbitral awards made in a Convention state and guarantees enforcement of the award elsewhere except on few grounds. It imposes obligations on states and their courts to recognize and enforce foreign arbitral awards and arbitration agreements. It also imposes on courts the obligation to stay proceeding with a matter subject to the arbitration agreement. Ethiopia has not yet ratified the NYC. This article aims at demonstrating the challenges and prospects of ratification of the Convention by Ethiopia. I argue that by ratifying the Convention, Ethiopia would be able to, inter alia , increase trade and investment, get access to lower interest rates and rates of return, improve its international image, improve on competition for trade and investment, improve its arbitration system, decrease caseloads of courts and hasten its move towards the accession to WTO. These factors show that it is in the country's interest to ratify the Convention and domesticate it through the instrumentality of the UNCITRAL Model Law. Key terms Commercial arbitration · New York Convention · Ethiopian laws · UNCITRAL· Model Law · Ethiopia
{"title":"10.4314/mlr.v13i1.5","authors":"","doi":"10.4314/mlr.v13i1.5","DOIUrl":"https://doi.org/10.4314/mlr.v13i1.5","url":null,"abstract":"Abstract The 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral awards is currently ratified by 161 states. The Convention gives a visa for arbitral awards made in a Convention state and guarantees enforcement of the award elsewhere except on few grounds. It imposes obligations on states and their courts to recognize and enforce foreign arbitral awards and arbitration agreements. It also imposes on courts the obligation to stay proceeding with a matter subject to the arbitration agreement. Ethiopia has not yet ratified the NYC. This article aims at demonstrating the challenges and prospects of ratification of the Convention by Ethiopia. I argue that by ratifying the Convention, Ethiopia would be able to, inter alia , increase trade and investment, get access to lower interest rates and rates of return, improve its international image, improve on competition for trade and investment, improve its arbitration system, decrease caseloads of courts and hasten its move towards the accession to WTO. These factors show that it is in the country's interest to ratify the Convention and domesticate it through the instrumentality of the UNCITRAL Model Law. Key terms Commercial arbitration · New York Convention · Ethiopian laws · UNCITRAL· Model Law · Ethiopia","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-10-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70570926","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Banks are among the institutions which take the leading role in the combat against the crime of money laundering. They, however, remain highly vulnerable to an ever growing means and mechanisms of perpetration of the crime. This reality demands a continuous adoption of necessary measures. In what appears to be responding to this demand, Ethiopia has enacted several laws that impose obligation on banks to take preventive measures that can prevent the manipulation of the financial system towards the commission of laundering. This article examines whether banks (both private and public) in Ethiopia are implementing measures intended to prevent money laundering. Secondly, it examines the relationship and collaboration between banks and the regulatory organs (such as the Financial Intelligence Center and the National Bank of Ethiopia) in identifying and safeguarding against the schemes that allow the use of banks as intermediaries in the commission of money laundering.
{"title":"Anti-money Laundering Law in Ethiopia: Issues of Enforcement with Specific Reference to Banks","authors":"Kalkidan Misganaw Jember","doi":"10.4314/MLR.V14I1.3","DOIUrl":"https://doi.org/10.4314/MLR.V14I1.3","url":null,"abstract":"Banks are among the institutions which take the leading role in the combat against the crime of money laundering. They, however, remain highly vulnerable to an ever growing means and mechanisms of perpetration of the crime. This reality demands a continuous adoption of necessary measures. In what appears to be responding to this demand, Ethiopia has enacted several laws that impose obligation on banks to take preventive measures that can prevent the manipulation of the financial system towards the commission of laundering. This article examines whether banks (both private and public) in Ethiopia are implementing measures intended to prevent money laundering. Secondly, it examines the relationship and collaboration between banks and the regulatory organs (such as the Financial Intelligence Center and the National Bank of Ethiopia) in identifying and safeguarding against the schemes that allow the use of banks as intermediaries in the commission of money laundering.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"14 1","pages":"61-84"},"PeriodicalIF":0.0,"publicationDate":"2020-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43987555","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Land registration system has been put in place in the rural areas of Amhara National Regional State (ANRS) since 2002. The courts in the regional state decide on land disputes based on land information obtained from the land administration offices. These offices are expected to supply the information available at the land registration system. However, land administration and use offices often get the information directly from the public on an individual case basis following order from a court. This is mainly attributable to the low level of using the land registration system in the region by the land administration offices and legal professionals. The land registration system is not used to its maximum potential to alleviate the problem of land dispute. A case study approach is used in this article, and five rural woredas were purposively chosen because of high prevalence of land disputes. Questionnaires, focus group discussions (FGDs) and court cases are used. The research indicates the need for a strong institutional and regulatory mechanism of land management in ANRS.
{"title":"Achievements and Gaps in the Application of the Land Registration System in ANRS: The Case of West Gojjam Zone","authors":"M. Moges","doi":"10.4314/MLR.V14I1.2","DOIUrl":"https://doi.org/10.4314/MLR.V14I1.2","url":null,"abstract":"Land registration system has been put in place in the rural areas of Amhara National Regional State (ANRS) since 2002. The courts in the regional state decide on land disputes based on land information obtained from the land administration offices. These offices are expected to supply the information available at the land registration system. However, land administration and use offices often get the information directly from the public on an individual case basis following order from a court. This is mainly attributable to the low level of using the land registration system in the region by the land administration offices and legal professionals. The land registration system is not used to its maximum potential to alleviate the problem of land dispute. A case study approach is used in this article, and five rural woredas were purposively chosen because of high prevalence of land disputes. Questionnaires, focus group discussions (FGDs) and court cases are used. The research indicates the need for a strong institutional and regulatory mechanism of land management in ANRS.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"14 1","pages":"31-60"},"PeriodicalIF":0.0,"publicationDate":"2020-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46531528","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article examines price regulation with its various objectives, forms and contexts. Navigating through the economic literature (that shows price regulation as a futile exercise for controlling inflation and solving commodity scarcity), the article analyses the constitutional foundations and the legislative enactments that authorize price regulation in Ethiopia. While there is a strong legal authority under the Constitution to regulate prices, there is lack of detailed standards to distinguish between the proper and improper exercise of price regulation power. Distinction is made between price regulation in normal times vis-a-vis price regulation during emergencies, and I argue that price regulation during emergencies should be evaluated against separate standards. With regard to price regulation in normal times, the recently enacted administrative procedure proclamation may help in solving the lack of standards.
{"title":"The Constitutional and Legal Basis of Price Regulation in Ethiopia","authors":"Fekadu Petros Gebremeskel","doi":"10.4314/MLR.V14I1.5","DOIUrl":"https://doi.org/10.4314/MLR.V14I1.5","url":null,"abstract":"This article examines price regulation with its various objectives, forms and contexts. Navigating through the economic literature (that shows price regulation as a futile exercise for controlling inflation and solving commodity scarcity), the article analyses the constitutional foundations and the legislative enactments that authorize price regulation in Ethiopia. While there is a strong legal authority under the Constitution to regulate prices, there is lack of detailed standards to distinguish between the proper and improper exercise of price regulation power. Distinction is made between price regulation in normal times vis-a-vis price regulation during emergencies, and I argue that price regulation during emergencies should be evaluated against separate standards. With regard to price regulation in normal times, the recently enacted administrative procedure proclamation may help in solving the lack of standards.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"14 1","pages":"119-149"},"PeriodicalIF":0.0,"publicationDate":"2020-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43511472","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Persons with disabilities (PWDs) are among the most vulnerable groups to social, economic and political problems. Various UN General Assembly declarations on the rights of PWDS serve as soft laws for the protection of the rights of PWDs; and the international Bill of Rights can be applicable to their protection. In particular, the UN Convention on the Rights of Persons with Disabilities (CRPD) contains provisions that recognize and protect various aspects of the rights of PWDS. The Convention clearly declares the rights of PWDs to access to justice both in civil and criminal proceedings. Ethiopia is a party to this Convention, and in effect, it has an international duty to implement, among other things, the right of access to justice for PWDs in judicial proceedings. This article examines access for PWDs in the Federal Courts in civil proceedings. It focuses on the legal and practical problems in the implementation of the right to access to justice in spite of attempts made by the government in this regard. Additional legislative and institutional improvements are thus necessary –to the extent possible– in order to realize the rights of access to justice for PWDs since substantive rights will remain meaningless in the absence of access to justice.
{"title":"Access to Justice for PWDs in Civil Proceedings before the Federal Courts of Ethiopia: The Law and Practice","authors":"A. Ashagre","doi":"10.4314/MLR.V14I1.1","DOIUrl":"https://doi.org/10.4314/MLR.V14I1.1","url":null,"abstract":"Persons with disabilities (PWDs) are among the most vulnerable groups to social, economic and political problems. Various UN General Assembly declarations on the rights of PWDS serve as soft laws for the protection of the rights of PWDs; and the international Bill of Rights can be applicable to their protection. In particular, the UN Convention on the Rights of Persons with Disabilities (CRPD) contains provisions that recognize and protect various aspects of the rights of PWDS. The Convention clearly declares the rights of PWDs to access to justice both in civil and criminal proceedings. Ethiopia is a party to this Convention, and in effect, it has an international duty to implement, among other things, the right of access to justice for PWDs in judicial proceedings. This article examines access for PWDs in the Federal Courts in civil proceedings. It focuses on the legal and practical problems in the implementation of the right to access to justice in spite of attempts made by the government in this regard. Additional legislative and institutional improvements are thus necessary –to the extent possible– in order to realize the rights of access to justice for PWDs since substantive rights will remain meaningless in the absence of access to justice.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"14 1","pages":"1-30"},"PeriodicalIF":0.0,"publicationDate":"2020-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42443444","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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