Mizan Law Review最新文献

Compensation Assessment for Personal Injury Owing to Extra-Contractual Liability: Case Study on Selected Courts 合同外责任造成人身伤害的赔偿评估:若干法院案例研究

Mizan Law Review Pub Date : 2023-10-20 DOI: 10.4314/mlr.v17i1.2

None Meaza Haddis, None Nigussie Afesha

{"title":"Compensation Assessment for Personal Injury Owing to Extra-Contractual Liability: Case Study on Selected Courts","authors":"None Meaza Haddis, None Nigussie Afesha","doi":"10.4314/mlr.v17i1.2","DOIUrl":"https://doi.org/10.4314/mlr.v17i1.2","url":null,"abstract":"Assessment of compensation for personal injury is an intricate part of the law of extra-contractual liability (torts) since such kind of injury results in loss of a job, part of a body, total permanent disability or death. As personal injury may involve irreparable harm, it challenges courts in quantifying reasonable expenses a victim incurs and determining the amount of disability indemnity. By using decisions of the SNNP and Sidama regional courts together with selected Federal Cassation decisions, this article aims to explore practices of compensation assessment for personal injury. The Civil Code, which applies in federal and state courts, requires assessment of damage and award compensation based on a rule of equivalency. Given the generality of this, courts are facing difficulties in making compensation assessments for extra-contractual wrongs that result in personal injury. The problems are related to quantifying reasonable expenses for treatment, determining the amount of disability indemnity, or deciding which kinds of pecuniary losses are included in and excluded from compensation assessment. These problems have caused arbitrary decisions of the courts for personal injury. Variation also exists among court decisions at various levels in determining the extent of harm a claimant sustains and its corresponding compensation. Lack of detailed provisions contributes to such variation, and this calls for legal reform.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135666365","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}

引用次数: 0

Private Security Companies in Ethiopia: An Insight from a Rights Perspective 埃塞俄比亚的私人保安公司:从权利视角的洞察

Mizan Law Review Pub Date : 2023-10-20 DOI: 10.4314/mlr.v17i1.6

None Abera Tsegaye Eshete

{"title":"Private Security Companies in Ethiopia: An Insight from a Rights Perspective","authors":"None Abera Tsegaye Eshete","doi":"10.4314/mlr.v17i1.6","DOIUrl":"https://doi.org/10.4314/mlr.v17i1.6","url":null,"abstract":"In Ethiopia, the private security services sector has grown considerably over the previous three decades. Although the sector has a positive role in the protection of persons, property and institutions, there are concerns, inter alia, regarding the violation of rights of employees. This article examines the privatization of security services in Ethiopia from a rights perspective. Specifically, it deals with the extent of privatization and its implication on rights of its employees, the obligation of state and private operators to ensure the rights commonly violated, the drivers for the violations, and the measures that need to be taken to rectify the situation. A combination of doctrinal and non-doctrinal approaches was employed to conduct this study. The study is based on both primary and secondary data through in-depth interviews, focus group discussion, observation, and document reviews. The study indicates that the private security service sector is one of the grey areas of rights abuses including labor exploitation, poor working conditions, and workplace discrimination. These abuses emanate from the practice of employment agencies and the existing regulatory frameworks. I argue that the adoption of a comprehensive private security industry legislation and the establishment of a framework for private security services providers’ regulation and oversight will assist to address the rights violations that have been observed in the sector.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"182 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135666278","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}

引用次数: 0

Effect of Formalization of Rural Women’s Land Rights in a Plural Justice System: The Case of the Sidama Regional State 多元司法体制下农村妇女土地权利正规化的影响——以西达马地区邦为例

Mizan Law Review Pub Date : 2023-10-20 DOI: 10.4314/mlr.v17i1.4

None Anchinesh Shiferaw Mulu

{"title":"Effect of Formalization of Rural Women’s Land Rights in a Plural Justice System: The Case of the Sidama Regional State","authors":"None Anchinesh Shiferaw Mulu","doi":"10.4314/mlr.v17i1.4","DOIUrl":"https://doi.org/10.4314/mlr.v17i1.4","url":null,"abstract":"Joint land registration and certification program has been introduced in Ethiopia to secure rural women’s land rights through a joint titling of a husband and wife. This article examines the effect of this program in the protection of women’s land rights in the context of the plural justice system and the process of women’s choice-making among the various justice systems that exist in the Sidama regional state. The findings demonstrate that the land registration and titling process contributed to bring change in the type and frequency of cases brought before courts and in its decision by raising women’s consciousness of their land rights. It has also contributed to bringing change in some of the applicable norms in the customary justice system towards women’s inheritance rights. Rural women alternate between the formal and informal justice systems by choosing the one that best serves their interests while taking into account various factors that affect their land rights. However, the practice of polygamy, informal land transactions and the entrenched social norms that discriminate against women have made the contribution of the land certification program to be minimal and has limited the enforcement of women’s land rights in the plural justice setting.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"85 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135666266","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}

引用次数: 0

The Need for Reform towards Comprehensive Legislation on Court Annexed ADR in Ethiopia 埃塞俄比亚对法院附属ADR进行全面立法改革的必要性

Mizan Law Review Pub Date : 2023-10-20 DOI: 10.4314/mlr.v17i1.5

None Samuel Ephrem

{"title":"The Need for Reform towards Comprehensive Legislation on Court Annexed ADR in Ethiopia","authors":"None Samuel Ephrem","doi":"10.4314/mlr.v17i1.5","DOIUrl":"https://doi.org/10.4314/mlr.v17i1.5","url":null,"abstract":"In spite of various legal reform measures in Ethiopia, delay in the judicial process, predictability and access are still challenges of utmost concern. This article examines whether court annexed ADR can serve as an effective reform measure to lessen these judicial problems. Compared with litigation and private ADR, court annexed ADR‘s institutional merits and procedural advantages –in resolving certain civil suits within reasonable time, less cost and improved fairness– are examined. I argue that settlement of civil disputes through court annexed ADR reduces courts’ caseloads. Such reduction of case load in courts can significantly improve litigation processes and enables courts to resolve other civil suits within reduced time, cost and quality. Moreover, the referral to ADR by courts enables disputants to choose and access dispute resolution methods. However, lack of comprehensive national regulation, inadequate awareness, ineffective administration and execution, are among the potential challenges in the optimal utilization of this dispute resolution tool. It is argued that there is the need for a comprehensive law on court annexed ADR. And subsequently, courts can carefully implement court annexed ADR with the requisite level of competence and diligence to minimize the challenges.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135666366","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}

引用次数: 0

Regulation of Group of Companies in Ethiopia: A Comparative Overview 埃塞俄比亚公司集团的监管:比较综述

Mizan Law Review Pub Date : 2023-10-20 DOI: 10.4314/mlr.v17i1.7

None Mesfin Beyene

{"title":"Regulation of Group of Companies in Ethiopia: A Comparative Overview","authors":"None Mesfin Beyene","doi":"10.4314/mlr.v17i1.7","DOIUrl":"https://doi.org/10.4314/mlr.v17i1.7","url":null,"abstract":"Companies that are organized in a group aim at leveraging the market share, mitigate liability or facilitate long-term management efficiency. The reasons that make group establishment attractive for the parent company can be a basis for concern to other stakeholders, mainly, minority shareholders and creditors of the subsidiary company. The strict application of separate existence of a company and directors’ fiduciary duties towards their companies –applicable in cases of single entity companies– may be difficult in the case of group companies. States, therefore, devise regulatory mechanisms to protect the subsidiary company and its minority shareholders and creditors while at the same time protecting corporate freedom and entrepreneurial reality. Ethiopia has introduced regulatory rules regarding group company (Parent-Subsidiary Company). The objective of this article is to discuss the nature and regulation of Group Company as specified under the new commercial code and in comparison, with other countries’ laws. The article argues that the rules stipulated are not designed to adequately protect the interests of the subsidiary and its stakeholders. It also argues that the liberal interpretation of the provisions governing group companies to include the application of rules governing single company can contribute to potential protection rules missing under the sections in the group company.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135666273","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}

引用次数: 0

Business and Human Rights in Ethiopia: The Status of the Law and the Practice 埃塞俄比亚的商业与人权:法律现状和实践

Mizan Law Review Pub Date : 2023-10-20 DOI: 10.4314/mlr.v17i1.1

None Bantayehu Demlie Gezahegn

{"title":"Business and Human Rights in Ethiopia: The Status of the Law and the Practice","authors":"None Bantayehu Demlie Gezahegn","doi":"10.4314/mlr.v17i1.1","DOIUrl":"https://doi.org/10.4314/mlr.v17i1.1","url":null,"abstract":"Business activities in Ethiopia by both multinational and national companies are under growing scrutiny. Ongoing court cases in Kenya against Meta (formerly Facebook) for allegedly helping fuel the two-year deadly conflict in northern Ethiopia, increased reports of alleged poor labour conditions in apparel factories in industrial parks, and allegations of land grabbing by commercial agribusiness are some examples. The existing research and practice approaches the issue of private sector accountability predominantly from corporate social responsibility (CSR) perspective. The CSR landscape itself is regulated in a fragmented manner. In contexts lacking well-developed CSR frameworks, a growing body of research examines the promise of a newly evolving Business and Human Rights (BHR) paradigm. To date, there is a dearth of scholarly and policy discussion employing the term ‘business and human rights’ in Ethiopia, attesting the status of the field in academic and public discourse. This article presents a modest attempt at exploring the status of business and human rights law and practice in Ethiopia. By analysing relevant laws and reviewing selected practical cases, the article identifies salient issues, opportunities, and challenges toward developing and enforcing business and human rights standards.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135666364","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}

引用次数: 0

Concurrence of Crimes under Ethiopian Law: General Principles vis-à-vis Tax Law 埃塞俄比亚法律下的犯罪合并案:关于-à-vis税法的一般原则

Mizan Law Review Pub Date : 2023-10-20 DOI: 10.4314/mlr.v17i1.3

None Leake Mekonen Tesfay

{"title":"Concurrence of Crimes under Ethiopian Law: General Principles vis-à-vis Tax Law","authors":"None Leake Mekonen Tesfay","doi":"10.4314/mlr.v17i1.3","DOIUrl":"https://doi.org/10.4314/mlr.v17i1.3","url":null,"abstract":"One or successive act(s) may lead to multiple criminality. According to the principle of unity of guilt and penalty, however, one provision punishes the combination of acts flowing from a single criminal guilt. This principle applies to crimes in Ethiopia’s Criminal Code and in special penal legislations, unless otherwise provided. This article examines the application of general criminal law provisions to special penal legislations, using tax crimes as illustration. The author argues that the tax legislations do not have, and do not need, special rules on concurrence of crimes. Except for acts committed in different tax periods with renewed criminal guilt, tax evasion is the major offence and prosecution/conviction for other predicate offences should be considered only where the evidence is deficient to prove tax evasion. The author also argues that enacting penal law is the power of the Federal Government and regional states may penalize only matters not covered by the federal penal law. This, as a rule, precludes concurrent criminal liability for a single act based on federal and state laws. However, in the context of separate federal and state taxation powers, a single act may simultaneously violate federal and state tax laws.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135666269","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}

引用次数: 0

Integrating Traditional and State Institutions for Conflict Prevention: Institutional, Legal and Policy Frameworks in Ethiopia 整合预防冲突的传统机构和国家机构:埃塞俄比亚的机构、法律和政策框架

Mizan Law Review Pub Date : 2022-12-31 DOI: 10.4314/mlr.v16i2.4

Awet Halefom

{"title":"Integrating Traditional and State Institutions for Conflict Prevention: Institutional, Legal and Policy Frameworks in Ethiopia","authors":"Awet Halefom","doi":"10.4314/mlr.v16i2.4","DOIUrl":"https://doi.org/10.4314/mlr.v16i2.4","url":null,"abstract":"Despite the prevalence of traditional institutions and the growing official and academic need to ‘recognize,’ ‘empower’ and incorporate them in the state system, competition and harmony between the two persists. There are seventy-six officially listed ethnic groups in Ethiopia, and there exists a great plurality of livelihoods, social organizations, belief systems, and political and legal systems in the country. Notwithstanding the human right issues, traditional institutions operating outside the state are the dominant form of conflict prevention and resolution in Ethiopia. However, the relationship between traditional institutions and state institutions remains unclear. Previous researches either focus on the constitutional set-up and legal framework of states, or their scope is too specific relating to local case studies and their relationship with the state local institutions. This relationship does not, however, only involve legal issues or concerns at the bottom, but it is also an issue of governance and political structure. This article is based on content and document analysis and examines the harmony and competition between the state and traditional institutions in Ethiopia. I argue that despite their practical prevalence, the policy, legal and institutional frameworks in Ethiopia do not plainly address the relationship between the state and traditional institutions. Although de facto recognition seems to exist, the practice shows that the state that envisages the importance of traditional institutions undermines their role in case of conflict with state institutions.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44220171","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}

引用次数: 0

The Room for Imposing Performance Requirements on Foreign Investors under the Ethiopian Legal Regime 在埃塞俄比亚法律制度下对外国投资者施加业绩要求的余地

Mizan Law Review Pub Date : 2022-12-31 DOI: 10.4314/mlr.v16i2.6

Yemegnu Mesele Dejene

{"title":"The Room for Imposing Performance Requirements on Foreign Investors under the Ethiopian Legal Regime","authors":"Yemegnu Mesele Dejene","doi":"10.4314/mlr.v16i2.6","DOIUrl":"https://doi.org/10.4314/mlr.v16i2.6","url":null,"abstract":"There is the need to maximize the benefits from Foreign Direct Investment (FDI). As studies suggest, performance requirements can be used as an important policy instrument for maximizing benefits of FDI and countering potential abuses of foreign investors. This article examines the existence of a room for applying performance requirements on foreign investors in Ethiopia and explores challenges and opportunities that may arise in doing so. To this end, qualitative methodology, involving both doctrinal and non-doctrinal legal research approaches have been employed. Primary and secondary data are utilized; semi-structured interviews were used as data collection tools for gathering data from respondents. The findings indicate that although there is the policy and legal premise to apply performance requirements, Ethiopia is not imposing adequate performance requirements on foreign investors. The absence of adequate requirements does not enable Ethiopia to gain optimal benefits from foreign investment. Therefore, Ethiopia should apply performance requirements such as export performance, local content, and technology transfer requirements to ensure optimal benefits from FDI and boost its contribution towards sustainable development.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44012264","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}

引用次数: 0

Major Themes in the Study of Ethiopian Customary Laws (Amharic) 埃塞俄比亚习惯法研究的主要主题(阿姆哈拉语)

Mizan Law Review Pub Date : 2022-12-31 DOI: 10.4314/mlr.v16i2.7

Muradu Abdo

{"title":"Major Themes in the Study of Ethiopian Customary Laws (Amharic)","authors":"Muradu Abdo","doi":"10.4314/mlr.v16i2.7","DOIUrl":"https://doi.org/10.4314/mlr.v16i2.7","url":null,"abstract":"The literature covered in this Article reveals different perspectives. On the one hand, there is the idea that customary law systems should be set aside as they are inimical to national development and unity. On the other hand, there is the view that those customary legal systems which do not offend individual rights shall be given due place owing to their multifaceted benefits while only those customary laws which violate individual rights shall be abolished is gaining importance. The issue of whether customary laws should be given recognition on account of collective identity or because of their instrumental value is not addressed in the researches reviewed. The interface between customary law systems and state legal system is not fully investigated in the existing literature on the subject. There is some research conducted on customary law systems of Ethiopia on the initiative and financial support of the Government at Federal or regional levels. The initiative aims at deploying these researches as inputs for legal and institutional reform, to use them for the benefit of the current generation as well as to preserve, improve and pass them on to the next generation. This article recommends that researches on customary law systems of Ethiopia conducted by anthropologists, social workers, historians and political scientists deserve future review as the current article has not considered them. Those customary legal systems of Ethiopia which are not yet studied or insufficiently studied warrant exploration. Notwithstanding various research initiatives with the financial support of international institutions, there is a need to have government-led and financed study on customary systems of the country. There should be an institution which assumes this responsibility. The extent of recognition given to customary law systems in the Federal Constitution, proclamations and policies should be duly examined; and there should be policy and detailed legal framework regarding customary law systems of the Country.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70571079","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}

引用次数: 0