The criminal law is adopted as a means of achieving the common good; it is interpreted and applied by the court. The judge chooses the type of legal theory and method to employ in the interpretation and application of the criminal law. Such theories may be acquired from higher norms or from the decision of the Supreme Court. Because such choice of theory and method determines the outcome of the case, the judge is also expected to be guided by the doctrines in criminal law inspired by the values of rule of law and respect for fundamental rights, enshrined in the Constitution. This article examines how courts harmonise the application of the positive criminal law with the non-positivist theories of higher norms. After reviewing various criminal rules and their judicial application, it finds that the court applies the criminal law as it is written in disregard of the non-positivist theories of higher norms, at times in contradiction to the basic doctrines of the criminal law itself.
{"title":"Non-Positivist ‘Higher Norms’ and ‘Formal’ Positivism: Interpretation of the Ethiopian Criminal Law","authors":"S. K. Assefa","doi":"10.4314/MLR.V14I1.4","DOIUrl":"https://doi.org/10.4314/MLR.V14I1.4","url":null,"abstract":"The criminal law is adopted as a means of achieving the common good; it is interpreted and applied by the court. The judge chooses the type of legal theory and method to employ in the interpretation and application of the criminal law. Such theories may be acquired from higher norms or from the decision of the Supreme Court. Because such choice of theory and method determines the outcome of the case, the judge is also expected to be guided by the doctrines in criminal law inspired by the values of rule of law and respect for fundamental rights, enshrined in the Constitution. This article examines how courts harmonise the application of the positive criminal law with the non-positivist theories of higher norms. After reviewing various criminal rules and their judicial application, it finds that the court applies the criminal law as it is written in disregard of the non-positivist theories of higher norms, at times in contradiction to the basic doctrines of the criminal law itself.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"14 1","pages":"85-118"},"PeriodicalIF":0.0,"publicationDate":"2020-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47280060","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}
Whether preliminary inquiry should be conducted following completion of criminal investigation was one of the issues that arose in criminal proceedings of leaders of some opposition parties who were arrested (in June and July 2020) following the assassination of Hachalu Hundessa. The Court accepted the request of the Office of the Attorney General for the holding of preliminary inquiry. While the request of the Office of the Attorney General and the ruling of the court are consistent with the 1961 Criminal Procedure Code, in view of the unique nature of the Ethiopian Preliminary Inquiry, both the request and the ruling adversely affect the right of the accused to a fair trial. The application of the law regulating preliminary inquiry would be a departure from the principle of equality of arms and the right of the accused to confrontation, both of which are elements of the right to a fair trial. It is argued (in this comment) that using evidence obtained during preliminary inquiry against the accused is inconsistent with the FDRE Constitution and relevant international legal instruments.
{"title":"Comment: The Preliminary Inquiry in Ethiopia and Its Adverse Impact on the Rights of the Accused","authors":"W. Kassa","doi":"10.4314/MLR.V14I1.6","DOIUrl":"https://doi.org/10.4314/MLR.V14I1.6","url":null,"abstract":"Whether preliminary inquiry should be conducted following completion of criminal investigation was one of the issues that arose in criminal proceedings of leaders of some opposition parties who were arrested (in June and July 2020) following the assassination of Hachalu Hundessa. The Court accepted the request of the Office of the Attorney General for the holding of preliminary inquiry. While the request of the Office of the Attorney General and the ruling of the court are consistent with the 1961 Criminal Procedure Code, in view of the unique nature of the Ethiopian Preliminary Inquiry, both the request and the ruling adversely affect the right of the accused to a fair trial. The application of the law regulating preliminary inquiry would be a departure from the principle of equality of arms and the right of the accused to confrontation, both of which are elements of the right to a fair trial. It is argued (in this comment) that using evidence obtained during preliminary inquiry against the accused is inconsistent with the FDRE Constitution and relevant international legal instruments.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"14 1","pages":"150-160"},"PeriodicalIF":0.0,"publicationDate":"2020-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44070654","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}
The discourse about equipment financing (financial leasing) business is not as to whether it is useful; but it is about how to create the best possible investment climate for the growth and expansion of the sector; that is how to maximize the economic gains in terms of facilitating alternative access to financing for businesses. Equipment financing or financial leasing is one of the alternative mechanisms of solving financing needs of businesses and individuals. It combines the attributes of lending and leasing, hence the name finance leasing or lease financing. It involves lending equipment (instead of lending the funds needed to purchase it) with the possibility of eventual ownership of the equipment by the borrower. Although equipment financing and leasing existed in Ethiopia over a long period of time, a detailed law on the subject was introduced only recently. However, the new regulatory regime which placed the financial leasing sector under the regulation of the National Bank of Ethiopia (NBE) did not stimulate the emergence of financial leasing companies as intended. It brought about the creation of big government owned leasing companies whose formation and operation is rather politically driven than supported by economic rationales. Much of the reason for the lack of enthusiasm from the private sector seems to be the discouraging regulatory environment. Therefore, the complex and cumbersome regulatory framework should be simplified if financial leasing companies are to flourish and play a meaningful role as alternative sources of financing. Key terms Equipment financing · Financial Leasing · Financial Regulation · National Bank of Ethiopia · Prudential Regulation
{"title":"Sense and Nonsense in the Regulation of Equipment Financing Business in Ethiopia","authors":"Fekadu Petros Gebremeskel","doi":"10.4314/mlr.v13i1.2","DOIUrl":"https://doi.org/10.4314/mlr.v13i1.2","url":null,"abstract":"The discourse about equipment financing (financial leasing) business is not as to whether it is useful; but it is about how to create the best possible investment climate for the growth and expansion of the sector; that is how to maximize the economic gains in terms of facilitating alternative access to financing for businesses. Equipment financing or financial leasing is one of the alternative mechanisms of solving financing needs of businesses and individuals. It combines the attributes of lending and leasing, hence the name finance leasing or lease financing. It involves lending equipment (instead of lending the funds needed to purchase it) with the possibility of eventual ownership of the equipment by the borrower. Although equipment financing and leasing existed in Ethiopia over a long period of time, a detailed law on the subject was introduced only recently. However, the new regulatory regime which placed the financial leasing sector under the regulation of the National Bank of Ethiopia (NBE) did not stimulate the emergence of financial leasing companies as intended. It brought about the creation of big government owned leasing companies whose formation and operation is rather politically driven than supported by economic rationales. Much of the reason for the lack of enthusiasm from the private sector seems to be the discouraging regulatory environment. Therefore, the complex and cumbersome regulatory framework should be simplified if financial leasing companies are to flourish and play a meaningful role as alternative sources of financing. Key terms Equipment financing · Financial Leasing · Financial Regulation · National Bank of Ethiopia · Prudential Regulation","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"13 1","pages":"31-62"},"PeriodicalIF":0.0,"publicationDate":"2020-01-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/mlr.v13i1.2","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44845465","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}
The best interest of the child is a multifaceted principle governing children’s rights. This principle is tri-dimensional which serves as (i) human right, (ii) a mechanism of evaluation of other rights, and (iii) as a means of interpreting other rights under the Convention on the Rights of the Child (CRC). Ethiopia has ratified the CRC. As the judiciary is the ultimate guardian of human rights including the rights of children, allowing the judiciary to safeguard such rights –when it adjudicates cases that affect the interest of children– is one of the mechanisms of implementing the right. Pursuant to Article 13(1) of the Federal Democratic Republic of Ethiopia Constitution, the Judiciary, among others, is legally entrusted with the function of enforcing and respecting human rights. This comment explores the law relating to the interpretation and application of the best interest of the child in Ethiopia. Primary and secondary data sources indicate that there is no clear assessment and criteria-specific procedure on the use and evaluation of the best interest of the child. Consequently, there is no uniform interpretation and application of the best interest of the child by courts.
{"title":"Comment: The Role of Courts in Safeguarding the Best Interest of the Child (Amharic)","authors":"Abreha Mesele, Mekonnen Nigussie","doi":"10.4314/mlr.v13i1.8","DOIUrl":"https://doi.org/10.4314/mlr.v13i1.8","url":null,"abstract":"The best interest of the child is a multifaceted principle governing children’s rights. This principle is tri-dimensional which serves as (i) human right, (ii) a mechanism of evaluation of other rights, and (iii) as a means of interpreting other rights under the Convention on the Rights of the Child (CRC). Ethiopia has ratified the CRC. As the judiciary is the ultimate guardian of human rights including the rights of children, allowing the judiciary to safeguard such rights –when it adjudicates cases that affect the interest of children– is one of the mechanisms of implementing the right. Pursuant to Article 13(1) of the Federal Democratic Republic of Ethiopia Constitution, the Judiciary, among others, is legally entrusted with the function of enforcing and respecting human rights. This comment explores the law relating to the interpretation and application of the best interest of the child in Ethiopia. Primary and secondary data sources indicate that there is no clear assessment and criteria-specific procedure on the use and evaluation of the best interest of the child. Consequently, there is no uniform interpretation and application of the best interest of the child by courts.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"13 1","pages":"179-190"},"PeriodicalIF":0.0,"publicationDate":"2020-01-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/mlr.v13i1.8","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48772179","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}
Although the Federal Supreme Court rendered a sound decision on the effect of filing suit in the wrong jurisdiction with regard to the period of limitation, it failed to provide detailed analysis and reasoning. The importance of reasoning in judgment is well known. However, the Supreme Court Cassation Division in this case arrived at conclusion without deeply exploring the issues involved and without adequate analysis. Key terms Jurisdiction · Labour law · Collective disputes · Labour Relations Board · Period of limitation
{"title":"Comment: Filing Suit in the Wrong Court and its Effect in Interrupting Period of Limitation","authors":"Yehualashet Tamiru Tegegen","doi":"10.4314/mlr.v13i1.6","DOIUrl":"https://doi.org/10.4314/mlr.v13i1.6","url":null,"abstract":"Although the Federal Supreme Court rendered a sound decision on the effect of filing suit in the wrong jurisdiction with regard to the period of limitation, it failed to provide detailed analysis and reasoning. The importance of reasoning in judgment is well known. However, the Supreme Court Cassation Division in this case arrived at conclusion without deeply exploring the issues involved and without adequate analysis. Key terms Jurisdiction · Labour law · Collective disputes · Labour Relations Board · Period of limitation","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"13 1","pages":"153-165"},"PeriodicalIF":0.0,"publicationDate":"2020-01-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/mlr.v13i1.6","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47735778","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}
Amicable dispute settlement methods play a major role in the resolution of civil and commercial disputes. These mechanisms present advantages to the parties as compared to arbitration and litigation. The Civil Code of 1960 contains provisions on Conciliation and Compromise, which set out the minimum legal framework for practical use by disputing parties in civil and commercial matters. Conciliation and compromise are in the main regulated under Arts. 3318-3324 and 3307-3317 respectively. The Civil Procedure Code of 1965 also consists of several provisions on compromise (Arts. 274-277). Generally, disputes are legally and conveniently amenable and better resolved through these amicable dispute settlement methods. However, whether they are put in use entirely depends on the free will of the disputing parties’. They can only be resorted to whenever the disputing parties commit themselves to use them in their contractual agreements. For certain other disputes, these amicable dispute settlement mechanisms are compulsory; in such cases, policy rationale dictates that disputes of such nature should be swiftly resolved through amicable dispute settlement methods. Some other disputes are, however, vested exclusively in the courts. This article distinguishes arbitration from conciliation. It is discussed whether conciliation differs from mediation. Attempt has also been made to shed light on the nature and application of concilio-arbitration in Ethiopia. The legal framework underpinning negotiation, conciliation, and compromise is expounded. Furthermore, the legal lacunae in relation to conciliation is addressed. Key terms Mediation · Conciliation · Compromise · Concilio-arbitration
{"title":"Amicable Dispute Resolution in Civil and Commercial Matters in Ethiopia: Negotiation, Conciliation and Compromise","authors":"Tecle Hagos Bahta","doi":"10.4314/mlr.v13i1.1","DOIUrl":"https://doi.org/10.4314/mlr.v13i1.1","url":null,"abstract":"Amicable dispute settlement methods play a major role in the resolution of civil and commercial disputes. These mechanisms present advantages to the parties as compared to arbitration and litigation. The Civil Code of 1960 contains provisions on Conciliation and Compromise, which set out the minimum legal framework for practical use by disputing parties in civil and commercial matters. Conciliation and compromise are in the main regulated under Arts. 3318-3324 and 3307-3317 respectively. The Civil Procedure Code of 1965 also consists of several provisions on compromise (Arts. 274-277). Generally, disputes are legally and conveniently amenable and better resolved through these amicable dispute settlement methods. However, whether they are put in use entirely depends on the free will of the disputing parties’. They can only be resorted to whenever the disputing parties commit themselves to use them in their contractual agreements. For certain other disputes, these amicable dispute settlement mechanisms are compulsory; in such cases, policy rationale dictates that disputes of such nature should be swiftly resolved through amicable dispute settlement methods. Some other disputes are, however, vested exclusively in the courts. This article distinguishes arbitration from conciliation. It is discussed whether conciliation differs from mediation. Attempt has also been made to shed light on the nature and application of concilio-arbitration in Ethiopia. The legal framework underpinning negotiation, conciliation, and compromise is expounded. Furthermore, the legal lacunae in relation to conciliation is addressed. Key terms Mediation · Conciliation · Compromise · Concilio-arbitration","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"13 1","pages":"1-30"},"PeriodicalIF":0.0,"publicationDate":"2020-01-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/mlr.v13i1.1","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46621367","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}
The Ethiopian Federation which was created by the 1995 Federal Democratic Republic of Ethiopia (FDRE) Constitution had nine member states and one city administration. Apart from the creation of Dire Dawa as a city administration, no new state has been introduced in the Ethiopian federation since the adoption of the Constitution. However, several ethnic-based Zonal administrations in the country’s Southern Nations, Nationalities and Peoples (SNNP) region are now demanding to form their own regional states. Apparently, the demands are justified under Article 47(2) of the 1995 Ethiopian constitution which follows a purely ethnic-centered approach by giving “each nation, nationality and people” living in the nine States of the federation “the right to establish their own States at any time.” However, since this right has so far never been exercised in practice, the new demands are creating anxiety in some quarters and drawing a growing attention to the constitutional procedure for the creation of new states. This article aims to critically examine the relevant constitutional provisions dealing with the issue of creation of new states. Drawing insights from some other federations, we argue that the ethnic-centered approach taken under the FDRE Constitution for the creation of new states overlooks several important issues such as economic viability, administrative efficiency, equity, sustainable peace, and resilience of the federal system. Key terms: Creation of new states · Ethnic federalism · Self-determination · Nation, Nationality or People (NNP)
{"title":"The Procedure for the Creation of New Regional States under the FDRE Constitution: Some Overlooked Issues","authors":"T. Belay, H. Belay","doi":"10.4314/mlr.v13i1.4","DOIUrl":"https://doi.org/10.4314/mlr.v13i1.4","url":null,"abstract":"The Ethiopian Federation which was created by the 1995 Federal Democratic Republic of Ethiopia (FDRE) Constitution had nine member states and one city administration. Apart from the creation of Dire Dawa as a city administration, no new state has been introduced in the Ethiopian federation since the adoption of the Constitution. However, several ethnic-based Zonal administrations in the country’s Southern Nations, Nationalities and Peoples (SNNP) region are now demanding to form their own regional states. Apparently, the demands are justified under Article 47(2) of the 1995 Ethiopian constitution which follows a purely ethnic-centered approach by giving “each nation, nationality and people” living in the nine States of the federation “the right to establish their own States at any time.” However, since this right has so far never been exercised in practice, the new demands are creating anxiety in some quarters and drawing a growing attention to the constitutional procedure for the creation of new states. This article aims to critically examine the relevant constitutional provisions dealing with the issue of creation of new states. Drawing insights from some other federations, we argue that the ethnic-centered approach taken under the FDRE Constitution for the creation of new states overlooks several important issues such as economic viability, administrative efficiency, equity, sustainable peace, and resilience of the federal system. Key terms: Creation of new states · Ethnic federalism · Self-determination · Nation, Nationality or People (NNP)","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"13 1","pages":"91-122"},"PeriodicalIF":0.0,"publicationDate":"2020-01-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/mlr.v13i1.4","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48429995","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}
The rich ethnic diversity in the SNNP region is being managed by different mechanisms of constitutional, institutional, and political practice. Yet, this has not been able to contain new questions of identity, not only seeking for recognition as a distinct ethnic group, but also a desire to establish ethnic territorial administrations. Moreover, ethnic groups that are already recognized are also laying claims to various self-determination rights, inter alia , to territorial autonomy, equitable participation, and the redrawing of internal (ethnic) boundaries. Based on legal analysis of cases from the SNNP region, the article critically discusses the quest for identity and self-determination, and provides an overview of the experience of the region. In dealing with the existing dilemma, we argue that there is a need to maintain the balance between constitutional rights to identity recognition and self-determination with the threat of ethnic and territorial fragmentations. Key terms Identity · Self-determination · Federalism · Ethnic groups · SNNP region
{"title":"The Quest for Identity and Self-Determination in the SNNP Region of Ethiopia","authors":"B. Dessalegn, Nigussie Afesha","doi":"10.4314/mlr.v13i1.3","DOIUrl":"https://doi.org/10.4314/mlr.v13i1.3","url":null,"abstract":"The rich ethnic diversity in the SNNP region is being managed by different mechanisms of constitutional, institutional, and political practice. Yet, this has not been able to contain new questions of identity, not only seeking for recognition as a distinct ethnic group, but also a desire to establish ethnic territorial administrations. Moreover, ethnic groups that are already recognized are also laying claims to various self-determination rights, inter alia , to territorial autonomy, equitable participation, and the redrawing of internal (ethnic) boundaries. Based on legal analysis of cases from the SNNP region, the article critically discusses the quest for identity and self-determination, and provides an overview of the experience of the region. In dealing with the existing dilemma, we argue that there is a need to maintain the balance between constitutional rights to identity recognition and self-determination with the threat of ethnic and territorial fragmentations. Key terms Identity · Self-determination · Federalism · Ethnic groups · SNNP region","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"13 1","pages":"63-90"},"PeriodicalIF":0.0,"publicationDate":"2020-01-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/mlr.v13i1.3","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46488113","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}
Confronting egregious human rights violations and repressive past is an arduous and necessary task to end the cycle of impunity. Bearing in mind Ethiopia’s notable contribution to the peace and security in the Horn of Africa and beyond, Ethiopia and the region at large can benefit from showing support to institutions that aim to establish accountability for grave human rights violation. Ethiopia needs to champion and redefine its support of accountability by exercising universal jurisdiction. Where the domestic judicial system is unable or unwilling to deal with grave crimes committed within its national jurisdiction or against its nationals, other countries’ institutions can serve as safeguard and fallback options to establish accountability, thereby significantly contributing to the protection of human rights. Thus, it is very crucial to the fight against impunity that Ethiopian laws providing for universal jurisdiction should be set in motion. In this comment, the scope, development, role and challenges of the principle of universal jurisdiction with proper reference to practical cases are discussed. Furthermore, thes cope of universal jurisdiction under Ethiopian law is compared with international law and African model Universal Jurisdiction Law to indicate its implication to the Horn of Africa. Key terms Transitional justice · Accountability · Universal jurisdiction · Ethiopia · Justice · Horn of Africa
{"title":"Comment: The Principle of Universal Jurisdiction for Massive Human Right Violation of the Past: An International and Ethiopian Perspective","authors":"Adi Dekebo Dale","doi":"10.4314/mlr.v13i1.7","DOIUrl":"https://doi.org/10.4314/mlr.v13i1.7","url":null,"abstract":"Confronting egregious human rights violations and repressive past is an arduous and necessary task to end the cycle of impunity. Bearing in mind Ethiopia’s notable contribution to the peace and security in the Horn of Africa and beyond, Ethiopia and the region at large can benefit from showing support to institutions that aim to establish accountability for grave human rights violation. Ethiopia needs to champion and redefine its support of accountability by exercising universal jurisdiction. Where the domestic judicial system is unable or unwilling to deal with grave crimes committed within its national jurisdiction or against its nationals, other countries’ institutions can serve as safeguard and fallback options to establish accountability, thereby significantly contributing to the protection of human rights. Thus, it is very crucial to the fight against impunity that Ethiopian laws providing for universal jurisdiction should be set in motion. In this comment, the scope, development, role and challenges of the principle of universal jurisdiction with proper reference to practical cases are discussed. Furthermore, thes cope of universal jurisdiction under Ethiopian law is compared with international law and African model Universal Jurisdiction Law to indicate its implication to the Horn of Africa. Key terms Transitional justice · Accountability · Universal jurisdiction · Ethiopia · Justice · Horn of Africa","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/mlr.v13i1.7","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41807393","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}
Integrated functional approach to water governance in a federal state structure can avoid vertical and horizontal conflicts. There are queries on how functional approach to water governance can be promoted in the context of federal state structure. Other concerns include linkages, the meditating factor demanding for reconciling competing water uses, integrated water resources management (IWRM) and integrated river basin management (IRBM). This article assesses the existing governance framework and its suitability to promote functional approach to water governance, reconciliations and policy options. There are inconsistencies in the Constitution, Federal water management laws, river basin high councils and authority’s laws, policies, strategies and the regulation that establishes and defines the powers and duties of the Ethiopian Basin Development Authority. Moreover, there are missing links and integrations, centralizing tendencies and failures to accommodate and harmonize pluralistic and diversified local practices. The water laws need to integrate both the bottom-up approach (by empowering the grassroots and bringing efficient, equitable, and sustainable use of water) and top-down form of governance (to harmonize the inter-local linkages among and within regional states). The inter-state basin governance needs reform and the over-centralized role of the government to designate water institutions should be controlled. Reconciliation is mandatory for better empowerment, cooperation and harmonization at all linkages, levels and types of inter-governmental relations. Key terms: Federalism, IWRM-IRBM, Functional approach, Water governance linkages, Reconciliation, Harmonization
{"title":"Promoting Federalism, IWRM, and Functional Approach to Water Governance under Ethiopian Water Laws","authors":"Zbelo Haileslassie","doi":"10.4314/MLR.V13I3.3","DOIUrl":"https://doi.org/10.4314/MLR.V13I3.3","url":null,"abstract":"Integrated functional approach to water governance in a federal state structure can avoid vertical and horizontal conflicts. There are queries on how functional approach to water governance can be promoted in the context of federal state structure. Other concerns include linkages, the meditating factor demanding for reconciling competing water uses, integrated water resources management (IWRM) and integrated river basin management (IRBM). This article assesses the existing governance framework and its suitability to promote functional approach to water governance, reconciliations and policy options. There are inconsistencies in the Constitution, Federal water management laws, river basin high councils and authority’s laws, policies, strategies and the regulation that establishes and defines the powers and duties of the Ethiopian Basin Development Authority. Moreover, there are missing links and integrations, centralizing tendencies and failures to accommodate and harmonize pluralistic and diversified local practices. The water laws need to integrate both the bottom-up approach (by empowering the grassroots and bringing efficient, equitable, and sustainable use of water) and top-down form of governance (to harmonize the inter-local linkages among and within regional states). The inter-state basin governance needs reform and the over-centralized role of the government to designate water institutions should be controlled. Reconciliation is mandatory for better empowerment, cooperation and harmonization at all linkages, levels and types of inter-governmental relations. \u0000Key terms: \u0000Federalism, IWRM-IRBM, Functional approach, Water governance linkages, Reconciliation, Harmonization","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42513076","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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