Zoning and land use regulations accommodate and balance various interests which relate to urbanization, food security, enhanced livelihoods, industrialization and globalization, in the context of sustainable development. Unlike comparative practices in other countries, Ethiopia has no comprehensive and codified zoning law even though the zoning stage affects the subsequent stages. Ethiopia has not yet issued an integrated national land use policy. There is also a rush toward massive acquisition of land for investments and proliferation of industrial parks. This is clearly meant to catch up with the plans and aspirations under Ethiopia’s Growth and Transformation Plan (GTP) I and II. This article examines the relevant laws and the rush toward land acquisitions and the haphazard decisions thereof vis-a-vis the need for sustainability through a multimodal and integrationist approach. There are constitutional issues with regard to decentralizing local development plans and land administration versus centralizing tendencies in land-investment administration and designation of industrial parks. It is argued that there are gaps in the three-tier stages of (i) Planning and Zoning, (ii) Acquisition and (iii) Performance Requirements , thereby necessitating reform towards the integrated and balanced implementation of these three stages. The political commitment for ‘catching up’ pursuits should not be at the expense of constitutional rights and issues of sustainability. There is thus the need for an informed decision-making process that accommodates multitude of interests. Key terms Land use · Zoning law · Expropriation · Sustainability · Peri-urbans · Industrial park
{"title":"Unsustainable Land Use due to ‘Catching Up’ Investment Pursuits in Ethiopia: The Need for Planning, Zoning and other Regulations","authors":"Zbelo Haileslasie","doi":"10.4314/MLR.V12I1.7","DOIUrl":"https://doi.org/10.4314/MLR.V12I1.7","url":null,"abstract":"Zoning and land use regulations accommodate and balance various interests which relate to urbanization, food security, enhanced livelihoods, industrialization and globalization, in the context of sustainable development. Unlike comparative practices in other countries, Ethiopia has no comprehensive and codified zoning law even though the zoning stage affects the subsequent stages. Ethiopia has not yet issued an integrated national land use policy. There is also a rush toward massive acquisition of land for investments and proliferation of industrial parks. This is clearly meant to catch up with the plans and aspirations under Ethiopia’s Growth and Transformation Plan (GTP) I and II. This article examines the relevant laws and the rush toward land acquisitions and the haphazard decisions thereof vis-a-vis the need for sustainability through a multimodal and integrationist approach. There are constitutional issues with regard to decentralizing local development plans and land administration versus centralizing tendencies in land-investment administration and designation of industrial parks. It is argued that there are gaps in the three-tier stages of (i) Planning and Zoning, (ii) Acquisition and (iii) Performance Requirements , thereby necessitating reform towards the integrated and balanced implementation of these three stages. The political commitment for ‘catching up’ pursuits should not be at the expense of constitutional rights and issues of sustainability. There is thus the need for an informed decision-making process that accommodates multitude of interests. Key terms Land use · Zoning law · Expropriation · Sustainability · Peri-urbans · Industrial park","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/MLR.V12I1.7","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46829467","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 1997 UN Watercourses Convention has influenced the development of many bilateral and multilateral international water agreements. There is ongoing debate on the extent to which the Watercourses Convention has influenced the Nile River Basin Cooperative Framework Agreement (CFA). In this article, the author examines the interface between Watercourses Convention and CFA on some of the most contentious issues therein. It is argued that the Watercourses Convention has (in spite of various criticisms) greatly influenced the development of CFA in terms of the substantive and procedural contents of the agreement. The influence of the Watercourses Convention is more visible in shaping some of the major substantive principles such as the general obligation to cooperate, the principle of equitable and reasonable utilization, and the duty not to cause significant harm. The Watercourses Convention has also influenced the CFA’s procedural rules such as the duty to exchange information, settlement of disputes and institutionalization of cooperation. In the era of increasing water security tension among the Nile River riparian states, the Watercourses Convention is set to dominate emerging new developments toward regulating the utilization, conservation, and management of the Nile River. Key terms Watercourses Convention · CFA · Nile · Impact · International Water Law
{"title":"The Influence of the UN Watercourses Convention on the Development of the Nile River Basin Cooperative Framework Agreement (CFA)","authors":"Abiy Chelkeba","doi":"10.4314/MLR.V12I1.6","DOIUrl":"https://doi.org/10.4314/MLR.V12I1.6","url":null,"abstract":"The 1997 UN Watercourses Convention has influenced the development of many bilateral and multilateral international water agreements. There is ongoing debate on the extent to which the Watercourses Convention has influenced the Nile River Basin Cooperative Framework Agreement (CFA). In this article, the author examines the interface between Watercourses Convention and CFA on some of the most contentious issues therein. It is argued that the Watercourses Convention has (in spite of various criticisms) greatly influenced the development of CFA in terms of the substantive and procedural contents of the agreement. The influence of the Watercourses Convention is more visible in shaping some of the major substantive principles such as the general obligation to cooperate, the principle of equitable and reasonable utilization, and the duty not to cause significant harm. The Watercourses Convention has also influenced the CFA’s procedural rules such as the duty to exchange information, settlement of disputes and institutionalization of cooperation. In the era of increasing water security tension among the Nile River riparian states, the Watercourses Convention is set to dominate emerging new developments toward regulating the utilization, conservation, and management of the Nile River. Key terms Watercourses Convention · CFA · Nile · Impact · International Water Law","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/MLR.V12I1.6","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44627929","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 FDRE Constitution acknowledges the right to freedom of political party membership. Similarly, the Political Parties Registration Proclamation, which regulates the details of political party membership, allows a political party member to withdraw from his/her membership at any time. The form of withdrawal, however, has become contentious. In Unity for Justice and Democracy Party - versus - Blue Party (a case finally adjudicated by the Cassation Bench of the Federal Supreme Court), the petitioner, claimed that a person cannot be member of another political party without a written withdrawal notice to his/her former political party. The respondent political party, on its part, argued that withdrawal from membership and taking membership in another political party is possible at any time. The points of controversy and the legal framework thereof are examined in this article. An attempt is made to assess relevant principles, international human rights instruments and the experience of other jurisdictions. Key terms Freedom of association · Political party · Membership right · Political pluralism · Freedom of choice · Ethiopia
{"title":"The Right to Political Party Membership in Ethiopia: On the Freedom to Join and Resign","authors":"Leake Mekonen Tesfay","doi":"10.4314/MLR.V11I2.5","DOIUrl":"https://doi.org/10.4314/MLR.V11I2.5","url":null,"abstract":"The FDRE Constitution acknowledges the right to freedom of political party membership. Similarly, the Political Parties Registration Proclamation, which regulates the details of political party membership, allows a political party member to withdraw from his/her membership at any time. The form of withdrawal, however, has become contentious. In Unity for Justice and Democracy Party - versus - Blue Party (a case finally adjudicated by the Cassation Bench of the Federal Supreme Court), the petitioner, claimed that a person cannot be member of another political party without a written withdrawal notice to his/her former political party. The respondent political party, on its part, argued that withdrawal from membership and taking membership in another political party is possible at any time. The points of controversy and the legal framework thereof are examined in this article. An attempt is made to assess relevant principles, international human rights instruments and the experience of other jurisdictions. Key terms Freedom of association · Political party · Membership right · Political pluralism · Freedom of choice · Ethiopia","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"11 1","pages":"373"},"PeriodicalIF":0.0,"publicationDate":"2018-03-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/MLR.V11I2.5","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48096308","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}
There are two sets of family codes currently applicable in Ethiopia, the Revised Family Code and the family codes of regional states. These sets are compatible on numerous issues of family matters, and are also different on few issues. This comment outlines the major differences between the RFC with that of the SNNP Regional State Family Code. This comment indicates eight areas where the two codes have differences. The RFC has omitted the notion of betrothal whereas the SNNP regional state family law contains detail rules that govern it. Moreover, the RFC is silent regarding marriage celebrated in the cities where the RFC is applicable (i.e. Addis Ababa and Dire Dawa) while the SNNP Regional State Family Code does not apply to marriage celebrated outside the SNNP regional state. There is also variation between the RFC and the SNNP regional state family codes concerning relations in consanguinity and affinity, assessment of compensation following dissolution of marriage, proof of marriage, conditions to claim maintenance as well as salary and pension. Key terms Betrothal; Consanguinity; Affinity; Assessment of compensation; Proof of marriage; Maintenance; Salary and pension
{"title":"Comment: Major Differences between the Revised ‘Federal’ and SNNP Regional State Family Codes","authors":"Nigussie Afesha","doi":"10.4314/MLR.V11I2.7","DOIUrl":"https://doi.org/10.4314/MLR.V11I2.7","url":null,"abstract":"There are two sets of family codes currently applicable in Ethiopia, the Revised Family Code and the family codes of regional states. These sets are compatible on numerous issues of family matters, and are also different on few issues. This comment outlines the major differences between the RFC with that of the SNNP Regional State Family Code. This comment indicates eight areas where the two codes have differences. The RFC has omitted the notion of betrothal whereas the SNNP regional state family law contains detail rules that govern it. Moreover, the RFC is silent regarding marriage celebrated in the cities where the RFC is applicable (i.e. Addis Ababa and Dire Dawa) while the SNNP Regional State Family Code does not apply to marriage celebrated outside the SNNP regional state. There is also variation between the RFC and the SNNP regional state family codes concerning relations in consanguinity and affinity, assessment of compensation following dissolution of marriage, proof of marriage, conditions to claim maintenance as well as salary and pension. Key terms Betrothal; Consanguinity; Affinity; Assessment of compensation; Proof of marriage; Maintenance; Salary and pension","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"11 1","pages":"410-423"},"PeriodicalIF":0.0,"publicationDate":"2018-03-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/MLR.V11I2.7","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48982667","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 the desirability of plea bargaining in Ethiopia focusing on its policy justifications as encapsulated under the 2011 FRDE Criminal Justice Policy. Emphasizing upon the specific contexts of Ethiopia, the article analyzes policy documents, laws and comparative literature. The policy relies on the traditional rationales of plea bargaining. However, most of the elements in the rationales are under continuous criticism, and thus not compelling. The exception could be the efficiency rationale which presumably has a special force in attracting developing economies like Ethiopia. Yet in actuality, this is not as compelling as imagined at least on two fronts. First , the rationale is divorced from being principled in that lack of resources or the desire to spare resources cannot vindicate an encroachment of fundamental rights and freedoms. Second , the contextual investigation of the trial and case delay in Ethiopia lends no conclusive support for it. If trials are exceptions and simple, they will not be resource intensive, and thus are manageable with limited resources. To a limited extent, plea bargaining is acknowledged for efficiency, but this comes at the expense of the overarching values of criminal justice namely fairness and accuracy and probably with other unintended perverse consequences: violation of defendants’ rights, corruption and abuses, wrongful convictions, among others. Key terms Plea bargaining ; Ethiopian Criminal Justice Policy; Trial ; Policy justifications of plea bargaining; Efficiency; Fairness; Remorse; Trauma of trials; Ethiopia
{"title":"Rethinking Plea Bargaining Policy: The Case of Ethiopia","authors":"Alemu Meheretu Negash","doi":"10.4314/mlr.v11i2.4","DOIUrl":"https://doi.org/10.4314/mlr.v11i2.4","url":null,"abstract":"This article examines the desirability of plea bargaining in Ethiopia focusing on its policy justifications as encapsulated under the 2011 FRDE Criminal Justice Policy. Emphasizing upon the specific contexts of Ethiopia, the article analyzes policy documents, laws and comparative literature. The policy relies on the traditional rationales of plea bargaining. However, most of the elements in the rationales are under continuous criticism, and thus not compelling. The exception could be the efficiency rationale which presumably has a special force in attracting developing economies like Ethiopia. Yet in actuality, this is not as compelling as imagined at least on two fronts. First , the rationale is divorced from being principled in that lack of resources or the desire to spare resources cannot vindicate an encroachment of fundamental rights and freedoms. Second , the contextual investigation of the trial and case delay in Ethiopia lends no conclusive support for it. If trials are exceptions and simple, they will not be resource intensive, and thus are manageable with limited resources. To a limited extent, plea bargaining is acknowledged for efficiency, but this comes at the expense of the overarching values of criminal justice namely fairness and accuracy and probably with other unintended perverse consequences: violation of defendants’ rights, corruption and abuses, wrongful convictions, among others. Key terms Plea bargaining ; Ethiopian Criminal Justice Policy; Trial ; Policy justifications of plea bargaining; Efficiency; Fairness; Remorse; Trauma of trials; Ethiopia","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"11 1","pages":"342-372"},"PeriodicalIF":0.0,"publicationDate":"2018-03-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/mlr.v11i2.4","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49348709","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}
Risk is any uncertainty in an industry including the construction sector. Claims and disputes arise when risks occur in construction projects. This comment discusses risk allocation under Ethiopian construction law and examines risks in civil construction contracts. The comment highlights the gaps in risk allocation norms under the standard format of construction contract that was issued by the Ethiopian Ministry of Work and Urban Development (MoWUD) in 1994. I argue that MoWUD’s principles of risk allocation should be updated so that they can include employer insurance and embody provisions that adequately regulate legal risks which can arise from amendment of laws. Key terms Risk; Civil construction contract; FIDIC; MOWUD format; Employer; Contractor Agency; Compensation; Indemnity; Agent; Principal
{"title":"Comment: Risk Allocation Norms of Civil Construction Contracts in Ethiopia","authors":"Yohannes Eneyew Ayalew","doi":"10.4314/mlr.v11i2.9","DOIUrl":"https://doi.org/10.4314/mlr.v11i2.9","url":null,"abstract":"Risk is any uncertainty in an industry including the construction sector. Claims and disputes arise when risks occur in construction projects. This comment discusses risk allocation under Ethiopian construction law and examines risks in civil construction contracts. The comment highlights the gaps in risk allocation norms under the standard format of construction contract that was issued by the Ethiopian Ministry of Work and Urban Development (MoWUD) in 1994. I argue that MoWUD’s principles of risk allocation should be updated so that they can include employer insurance and embody provisions that adequately regulate legal risks which can arise from amendment of laws. Key terms Risk; Civil construction contract; FIDIC; MOWUD format; Employer; Contractor Agency; Compensation; Indemnity; Agent; Principal","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"11 1","pages":"440-456"},"PeriodicalIF":0.0,"publicationDate":"2018-03-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/mlr.v11i2.9","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48026371","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 Commercial Code recognizes mandatory compensation if agency agreement for an indefinite period of time is terminated due to the fault of the principal; and the Draft Commercial Code is likely to maintain this approach. This comment examines the status and functions of a commercial agent as well as the compensation due to the agent upon the termination of the commercial agency. I argue that there should be mandatory compensation upon the termination of agency relations for both definite and indefinite period of time unless the agency relation is terminated due to the fault of the agent that justifies termination of a contract. This is justified by comparative experience in the legal regimes of Germany, France, Britain, the European Union, Turkey and some international conventions on agency relations. Key terms Commercial Agency; Compensation; Indemnity; Agent; Principal
{"title":"Comment: Mandatory Compensation to Commercial Agents upon Termination of Agency under Ethiopian Law","authors":"K. Oumer","doi":"10.4314/MLR.V11I2.8","DOIUrl":"https://doi.org/10.4314/MLR.V11I2.8","url":null,"abstract":"The Ethiopian Commercial Code recognizes mandatory compensation if agency agreement for an indefinite period of time is terminated due to the fault of the principal; and the Draft Commercial Code is likely to maintain this approach. This comment examines the status and functions of a commercial agent as well as the compensation due to the agent upon the termination of the commercial agency. I argue that there should be mandatory compensation upon the termination of agency relations for both definite and indefinite period of time unless the agency relation is terminated due to the fault of the agent that justifies termination of a contract. This is justified by comparative experience in the legal regimes of Germany, France, Britain, the European Union, Turkey and some international conventions on agency relations. Key terms Commercial Agency; Compensation; Indemnity; Agent; Principal","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"11 1","pages":"424-439"},"PeriodicalIF":0.0,"publicationDate":"2018-03-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/MLR.V11I2.8","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49261767","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":"Index: Mizan Law Review (Vol. 1 to 10)","authors":"E. Stebek","doi":"10.4314/MLR.V11I2.10","DOIUrl":"https://doi.org/10.4314/MLR.V11I2.10","url":null,"abstract":"","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"11 1","pages":"457-486"},"PeriodicalIF":0.0,"publicationDate":"2018-03-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/MLR.V11I2.10","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41621814","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}
Public interest environmental litigation (PIEL) has been introduced into the Ethiopian legal system since 2002 with the prime purpose of facilitating and complementing the environmental protection efforts of the country. However, little progress has been recorded in utilizing this innovative litigation tool. The purpose of this article is to examine the legal and policy frameworks for PIEL and investigate some of the main factors impeding its effective use for the promotion and protection of the environment rights in Ethiopia. Laws related to PIEL are examined and interviews and discussions with the relevant stakeholders are conducted with regard to environmental management in Ethiopia. I argue that even though the legal and policy framework for PIEL, with all its limitations, is in place, gaps in judicial activism, legal culture, political will, public perception towards law, judicial process and justice, the type of legal system, the perception and behavior of the government towards civil society, and inadequate environmental information have adversely affected the development of PIEL. Key terms Public interest litigation · Environment · Standing · Justice · Ethiopia
{"title":"Public Interest Environmental Litigation in Ethiopia: Factors for its Dormant and Stunted Features","authors":"Yenehun Birlie","doi":"10.4314/MLR.V11I2.3","DOIUrl":"https://doi.org/10.4314/MLR.V11I2.3","url":null,"abstract":"Public interest environmental litigation (PIEL) has been introduced into the Ethiopian legal system since 2002 with the prime purpose of facilitating and complementing the environmental protection efforts of the country. However, little progress has been recorded in utilizing this innovative litigation tool. The purpose of this article is to examine the legal and policy frameworks for PIEL and investigate some of the main factors impeding its effective use for the promotion and protection of the environment rights in Ethiopia. Laws related to PIEL are examined and interviews and discussions with the relevant stakeholders are conducted with regard to environmental management in Ethiopia. I argue that even though the legal and policy framework for PIEL, with all its limitations, is in place, gaps in judicial activism, legal culture, political will, public perception towards law, judicial process and justice, the type of legal system, the perception and behavior of the government towards civil society, and inadequate environmental information have adversely affected the development of PIEL. Key terms Public interest litigation · Environment · Standing · Justice · Ethiopia","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"11 1","pages":"304-341"},"PeriodicalIF":0.0,"publicationDate":"2018-03-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/MLR.V11I2.3","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48505650","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 examines the legality of Guideline No. FIS/01/2016 issued by the National Bank of Ethiopia (on November 1 st , 2016) regarding the relinquishing of shares in banks owned by foreign nationals of Ethiopian origin. It is argued that at the time of the auction, an Ethiopian born foreign national remains to be the owner of the share unless it is proved that ownership is acquired fraudulently or with criminal intention. One can only sell what he/she/it owns, and, the owners of the shares (to be relinquished in accordance with the NBE Guideline) are clearly the shareholders in whose name the shares were registered, and in effect, they are entitled to the premiums obtained during the transfer of shares by auction. If the initial acquisition of shares is considered improper, ‘ two wrongs don’t make a right ’ and thus, the proper procedures for redeeming or repurchasing of shares under the Commercial Code should have been pursued upon the exit of the shareholders, in the absence of which the path taken by the NBE Guideline constitutes an act of sequestration, expropriation or forced purchase. Key terms: NBE 2016 Guideline · Shares in banks · Shares in insurers · Diaspora · Ethiopian born foreign nationals · Ethiopia
{"title":"Comment: Legal Issues regarding the NBE Guideline on Diaspora-Owned Shares in Banks","authors":"Tameru Wondim Agegnehu","doi":"10.4314/MLR.V11I2.6","DOIUrl":"https://doi.org/10.4314/MLR.V11I2.6","url":null,"abstract":"This comment examines the legality of Guideline No. FIS/01/2016 issued by the National Bank of Ethiopia (on November 1 st , 2016) regarding the relinquishing of shares in banks owned by foreign nationals of Ethiopian origin. It is argued that at the time of the auction, an Ethiopian born foreign national remains to be the owner of the share unless it is proved that ownership is acquired fraudulently or with criminal intention. One can only sell what he/she/it owns, and, the owners of the shares (to be relinquished in accordance with the NBE Guideline) are clearly the shareholders in whose name the shares were registered, and in effect, they are entitled to the premiums obtained during the transfer of shares by auction. If the initial acquisition of shares is considered improper, ‘ two wrongs don’t make a right ’ and thus, the proper procedures for redeeming or repurchasing of shares under the Commercial Code should have been pursued upon the exit of the shareholders, in the absence of which the path taken by the NBE Guideline constitutes an act of sequestration, expropriation or forced purchase. Key terms: NBE 2016 Guideline · Shares in banks · Shares in insurers · Diaspora · Ethiopian born foreign nationals · Ethiopia","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"11 1","pages":"404-409"},"PeriodicalIF":0.0,"publicationDate":"2018-03-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/MLR.V11I2.6","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48581474","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：