Mizan Law Review最新文献_第3页

Prioritization of Water Use Rights in Ethiopia: Exploring the Perspectives and Practices in the Governance of Awash River Basin 埃塞俄比亚用水权利的优先次序:探索阿瓦什河流域治理的观点和实践

Mizan Law Review Pub Date : 2022-09-30 DOI: 10.4314/mlr.v16i1.4

Zbelo Haileslassie Embaye, A. G. Adam

{"title":"Prioritization of Water Use Rights in Ethiopia: Exploring the Perspectives and Practices in the Governance of Awash River Basin","authors":"Zbelo Haileslassie Embaye, A. G. Adam","doi":"10.4314/mlr.v16i1.4","DOIUrl":"https://doi.org/10.4314/mlr.v16i1.4","url":null,"abstract":"Water governance mainly strives to ensure equitable and efficient allocation and prioritization of use rights. The scarcity of water resources in any setting can be a cause for conflict, wastage, depletion, and/or pollution. Prioritization of water use rights is considered as important principle of water governance to protect the human right to water, accommodate interests, avoid conflict, wastage and allocate available volume of water to potential users. This article explores the perspectives and practices of prioritization approach of water governance in Awash River basin. Qualitative research approach was employed, and the findings indicate that there are multiple interpretations by the key actors of the priority ladder amidst general and insufficient policy and legal frameworks. The practice also indicates that water allocation plan for the medium and large-scale water users are stated on papers whereas actual allocations are made based on convenience. It is critical to devise water reform and set prioritizing principles and standards. Moreover there is the need to apply the most feasible and comprehensive approach in water governance and avail the essential resources and technologies.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47939502","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

Ethiopia’s Criminal Justice System relating to Children in Conflict with the Law: Interrogating the Legal Framework on Measures and Penalties 埃塞俄比亚与违法儿童有关的刑事司法系统：对措施和处罚法律框架的质疑

Mizan Law Review Pub Date : 2022-09-30 DOI: 10.4314/mlr.v16i1.2

Belayneh Berhanu Nega

引用次数: 1

The Continuing Quest for Inclusive Democratic Governance in Ethiopia 埃塞俄比亚对包容性民主治理的持续探索

Mizan Law Review Pub Date : 2022-09-30 DOI: 10.4314/mlr.v16i1.1

G. Woldemariam

引用次数: 0

Comment: Resolution of Collective Labour Disputes by Labour Relations Board in Ethiopia: Critical Reflections 评论：埃塞俄比亚劳动关系委员会解决集体劳动争议的批判性思考

Mizan Law Review Pub Date : 2022-09-30 DOI: 10.4314/mlr.v16i1.9

Bilate Bisare

引用次数: 0

COMMENT: Adopted Child’s Right of Inheritance from the Family of Origin 评论：被收养儿童从原籍家庭继承的权利

Mizan Law Review Pub Date : 2021-12-31 DOI: 10.4314/mlr.v15i2.8

Wondewosen Ewunie

引用次数: 0

Cybercrime Lawmaking and Human Rights in Ethiopia 埃塞俄比亚的网络犯罪立法与人权

Mizan Law Review Pub Date : 2021-09-30 DOI: 10.4314/mlr.v15i1.3

K. Yilma

引用次数: 0

An Enduring Path for National Unity and Human Rights Protection in Ethiopia: A Case for Human Dignity Centered Constitutional Design and Interpretation 埃塞俄比亚民族团结与人权保障的持久之路:以人的尊严为中心的宪法设计与解释

Mizan Law Review Pub Date : 2021-09-30 DOI: 10.4314/mlr.v15i1.1

Tsega Andualem Gelaye

{"title":"An Enduring Path for National Unity and Human Rights Protection in Ethiopia: A Case for Human Dignity Centered Constitutional Design and Interpretation","authors":"Tsega Andualem Gelaye","doi":"10.4314/mlr.v15i1.1","DOIUrl":"https://doi.org/10.4314/mlr.v15i1.1","url":null,"abstract":"Ensuring National Unity and upholding Human Rights have always been a big challenge in Ethiopia, since the establishment of the modern Ethiopian state. These problems are still troubling the country, long after the adoption of the present Federal Democratic Republic of Ethiopia (FDRE) Constitution, which is claimed to have addressed them once and for all. This article seeks to revisit the historical underpinnings of the FDRE Constitution and its ethnic-centered design, in relation to its actual capacity to achieve national unity and adequate protection of human rights. The article demonstrates how human dignity centered constitutional design and interpretation could advance both national unity and adequate protection of rights. It argues that the historical foundation of the FDRE Constitution and the design that came out of it is backward looking, exclusionary and inadequate to address both challenges for a number of reasons. As a possible alternative, it proposes a human dignity centered re-reading of history, constitutional design and interpretation. Since Ethiopia is in a process of reform in various spheres, the issues raised and discussed in the article deserve serious attention as they are essential to move forward.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45608760","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

Comment: Ethiopia's Quest for an Appropriate Law: ‘An Answer’ from a Brother from Afar 评论:埃塞俄比亚寻求一部合适的法律:来自远方兄弟的“答案”

Mizan Law Review Pub Date : 2021-09-30 DOI: 10.4314/mlr.v15i1.9

Muradu Abdo

引用次数: 0

Enforcement of Arbitral Awards in Nigeria and the Jigsaw of Limitation Period: The Need for Compliance with Global Best Practices 尼日利亚仲裁裁决的执行和诉讼时效的拼图：遵守全球最佳实践的必要性

Mizan Law Review Pub Date : 2021-09-30 DOI: 10.4314/mlr.v15i1.4

D. Eyongndi

{"title":"Enforcement of Arbitral Awards in Nigeria and the Jigsaw of Limitation Period: The Need for Compliance with Global Best Practices","authors":"D. Eyongndi","doi":"10.4314/mlr.v15i1.4","DOIUrl":"https://doi.org/10.4314/mlr.v15i1.4","url":null,"abstract":"In Nigeria, the limitation period begins to run from the date the dispute leading to the arbitration arose instead of when the award was rendered. While highlighting the rationale and effect of limitation period to the jurisdiction of court, I argue that the period set out in the Arbitration and Conciliation Act (ACA) for enforcement of arbitral awards fails to countenance the inherent delays in Nigeria’s justice system which can be exploited to render the enforcement of an award nugatory. The operationalisation of limitation period unless amended, can be a dissuading factor for choosing Nigeria as a seat of international arbitration which rubs her of the attendant benefits. It is further argued that, anyone, wishing to enforce an award in Nigeria, must ingeniously act timeously to avoid untoward outcome due to the repressive limitation period. This article identifies registration of award pursuant to Foreign Judgment (Reciprocal Enforcement) Act as a leeway to enforce foreign arbitral awards. It compares the practice in Nigeria with jurisdictions like India, Canada, United Kingdom and Ethiopia and draw lessons for Nigeria. It makes a case for amendment of the existing legal framework to bring the law on limitation of time in tandem with global best practices.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43812713","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

Comment: Legitimizing Gerrymandering in the Harari Regional State Contrary to the Principle of Equality of Votes 评论：将哈拉里地区州的选区划分合法化违背了选票平等原则

Mizan Law Review Pub Date : 2021-09-30 DOI: 10.4314/mlr.v15i1.10

Simeneh Kiros Assefa

{"title":"Comment: Legitimizing Gerrymandering in the Harari Regional State Contrary to the Principle of Equality of Votes","authors":"Simeneh Kiros Assefa","doi":"10.4314/mlr.v15i1.10","DOIUrl":"https://doi.org/10.4314/mlr.v15i1.10","url":null,"abstract":"The National Election Board of Ethiopia (NEBE) had rejected the request to enable ethnic-Hararis who reside outside Harari Regional State to vote in the election of Harari National Council members. The Board stated that it is not bound by prior practices that do not have constitutional foundation. The Board further noted that accepting such demand would jeopardize the fairness and impartiality of the Board against other minority ethnic groups whose members reside outside their national state. NEBE argued that article 50(2) of the Harari Constitution contradicts the provision of article 50(3) of the FDRE Constitution. However, based on the Harari National Council’s petition to the Federal Supreme Court, the decision of NEBE has been reversed, and this has been further affirmed by the FSC Cassation Division. This comment examines the legal foundation and propriety of the decisions of the Federal Supreme Court and the FSC Cassation Division. Inter alia, the FSC Cassation Division has misinterpreted a provision under article 50(2) of the Harari Regional State Constitution that expressly refers to the right to be candidate in elections at place of birth as opposed to voting rights irrespective of residence. ","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49574631","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