Mizan Law Review最新文献_第4页

Constitution as Social Contract in Contemporary Ethiopia: The Need to Re-construct Political Arrangements 当代埃塞俄比亚作为社会契约的宪法:重建政治安排的需要

Mizan Law Review Pub Date : 2021-09-30 DOI: 10.4314/mlr.v15i1.2

H. Bekele

{"title":"Constitution as Social Contract in Contemporary Ethiopia: The Need to Re-construct Political Arrangements","authors":"H. Bekele","doi":"10.4314/mlr.v15i1.2","DOIUrl":"https://doi.org/10.4314/mlr.v15i1.2","url":null,"abstract":"Constitutions represent social contracts that accommodate subjective interests of groups within the framework of impersonal shared interests among citizens of the society at large. This article examines the contemporary social contract theory in relation to the constitutional making process in Ethiopia. The lawmaking process of Ethiopia’s 1995 Constitution does not fulfil the procedural legitimacy of social contract because important sections of the society were neglected. The institutions created by the FDRE Constitution denote the subjectivist approaches to social contract theory thereby ignoring the impersonal interests of the society. To accommodate both the subjective ends and impersonal interests of the society, the Constitution should be reconstructed in light of the dualist contemporary social contract theory. This article argues that Ethiopia's contracting actors should consider both the subjective and impersonal interests of society. The article examines the conditions that make constitution a social contract. It also discusses the controversies concerning Ethiopia's Constitution in light of the theory of social contract, and tries to show what the Constitution should fulfil as a social contract in contemporary Ethiopia.","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":"46471502","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 Regulation of Cryptocurrencies under Ethiopian Legal Norms 埃塞俄比亚法律规范下的加密货币监管

Mizan Law Review Pub Date : 2021-09-30 DOI: 10.4314/mlr.v15i1.6

Messay Asgedom Gobena

引用次数: 1

Comment: Attesting Representation through Power of Attorney: The Ethiopian Approach 评论：通过授权书证明代理权：埃塞俄比亚的做法

Mizan Law Review Pub Date : 2021-09-30 DOI: 10.4314/mlr.v15i1.8

T. Meheret

引用次数: 0

Freedom of Expression and Hate Speech in Ethiopia: Observations (Amharic) 埃塞俄比亚的言论自由和仇恨言论:观察(阿姆哈拉语)

Mizan Law Review Pub Date : 2021-09-30 DOI: 10.4314/mlr.v15i1.7

A. Degol, Bebizuh Mulugeta

{"title":"Freedom of Expression and Hate Speech in Ethiopia: Observations (Amharic)","authors":"A. Degol, Bebizuh Mulugeta","doi":"10.4314/mlr.v15i1.7","DOIUrl":"https://doi.org/10.4314/mlr.v15i1.7","url":null,"abstract":"Freedom of expression is one of the human rights enshrined under International human right instruments. However, hate speech in the course of exercising this right has the potential to pose threats on the peace and security of nations and wellbeing of individuals. This has brought about arguments in favor of limitations to expression and against the limitations owing to unintended adverse impact of such limitations in the exercise of freedom of expression. In the Ethiopian case, ‘Hate Speech and Disinformation Prevention and Suppression Proclamation No. 1185/ 2020’ has been enacted. The Proclamation indicates prohibited acts of hate speech and its exceptions. In particular, the generic terms contained in the definition given to ‘hate speech’ need to be carefully examined. However, the implications of provisions that set exceptions to ‘hate speech’ in the new law have not yet been subject to adequate academic discourse. This article examines these issues. By consulting different international human rights instruments, experience of other countries and scholarly literature, the article examines the appropriateness, constitutionality and implications of the Proclamation on the right to freedom of expression. Moreover, it indicates potential challenges that the exceptions will pose on the process of implementing the Proclamation in real court cases.","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":"47196442","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 Legal Framework and Barriers to Access to Environmental Information in Ethiopia 埃塞俄比亚获取环境信息的法律框架和障碍

Mizan Law Review Pub Date : 2021-09-30 DOI: 10.4314/mlr.v15i1.5

A. Yusuf

引用次数: 0

Note: The Ebb and Flow of the Democratization Process in Africa 注:非洲民主化进程的潮起潮落

Mizan Law Review Pub Date : 2021-01-01 DOI: 10.4314/mlr.v15i1.11

Aschalew Ashagre Byness

引用次数: 0

Towards Effective Models and Enforcement of Corporate Social Responsibility in Ethiopia 埃塞俄比亚企业社会责任的有效模式与执行

Mizan Law Review Pub Date : 2020-12-31 DOI: 10.4314/MLR.V14I2.4

Alemayehu Yismaw Demamu

{"title":"Towards Effective Models and Enforcement of Corporate Social Responsibility in Ethiopia","authors":"Alemayehu Yismaw Demamu","doi":"10.4314/MLR.V14I2.4","DOIUrl":"https://doi.org/10.4314/MLR.V14I2.4","url":null,"abstract":"Corporate Social Responsibility (CSR) is a concept whereby companies regard stakeholder interests in reaching corporate decisions on voluntary basis. Even though CSR is not alien to Ethiopians who are known for their philanthropic and charitable activities, there is no law that expressly requires CSR standards and thresholds. Provisions of the 1960 Commercial Code and other domestic laws show that Ethiopian companies have the option to comply with CSR in their core business strategy and decision making. To that end, companies, have either individually or at sector level, developed model codes of conduct and guidelines including CSR projects and initiatives. However, these are inadequate and they do not guarantee effective CSR behavior among companies. There is thus the need to adequately integrate CSR practices into their core business decisions, and meet the interests and legitimate expectations of their employees, creditors, customers, local communities, and the environment. I argue that the alternatives to ensure effective CSR regulation in Ethiopia are adopting the Enlightened Shareholder Value (ESV) which recognizes a CSR framework tighter than the existing shareholder primacy model, or the Responsible Stakeholder Model (RSM) which adopts more subtle and lighter principles than stakeholder model to demand CSR compliance.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"14 1","pages":"276-309"},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48347420","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: 1

Subject Index of Peer Reviewed Articles: Volumes 1 to 14 同行评审文章主题索引：第1卷至第14卷

Mizan Law Review Pub Date : 2020-12-31 DOI: 10.4314/MLR.V14I2.8

E. Stebek

引用次数: 0

Legisprudential Evaluation of Ethiopian Criminal Law-Making 埃塞俄比亚刑法制定的法律审慎评价

Mizan Law Review Pub Date : 2020-12-31 DOI: 10.4314/MLR.V14I2.1

Simeneh Kiros Assefa

引用次数: 0

Tax Appeal Proceedings before the Federal Tax Appeal Commission in Ethiopia: Critical Reflections 埃塞俄比亚联邦税务上诉委员会的税务上诉程序：批判性反思

Mizan Law Review Pub Date : 2020-12-31 DOI: 10.4314/MLR.V14I2.2

Aschalew Ashagre Byness

引用次数: 0