International Trade and Human Rights: An Unfinished Debate
Abadir M. Ibrahim
We are living in a world in which the moral legitimacy of cultures, religions, ideologies, and the practices of states, international organizations, and even corporations is being measured against human rights norms. The moral significance of and practical respect for human rights has grown so much that human rights have been described as a global religion, and a new standard for civilization. International trade, a popular and much debated issue of our time, is one of those phenomena that is currently being measured against the standards of human rights. Leading experts remain divided about whether global trade is good or bad for human rights. There are those who are utterly convinced that the world trade regime has a mutual basis with human rights and see potential in the growth of one as a positive sign for the other. There are also those who, on the other hand, are equally convinced that human rights and international trade regimes are in a relationship of enmity.
One should, however, conceive of the relationship between world trade and human rights as, fundamentally, a relationship in tension, but also as a relationship in which that tension can be significantly minimized through accommodation, convergence, and inter-penetration. It is conceivable that solutions that are acceptable to the majority of political participants in the international community can be reached even where the two regimes—human rights and free trade—clash. This comment argues that the relationship between human rights and international trade is not, and should not be viewed as, a zero-sum game in which one’s gain is necessarily the other’s loss. The comment begins with an explanation of the core tension between the two regimes and goes on to explain, or at least make a proposal for, how this tension could be negotiated…
“The provisions relating to the law on a given subject matter are often found in a series of Acts. As a consequence, investigation of the law on a given subject requires simultaneous reference to a number of separate Acts. This problem can be solved by a re-enactment of the scattered provisions into one Act Consolidation is thus the process whereby several Acts of Parliament are brought together in a single, comprehensive Act.
Consolidation is a process of combining the legislative provisions on a single topic into one coherent enactment. The earlier Acts of Parliament are repealed. In their place is substituted a single Act which embraces the subject matter of the earlier Acts. The aim of consolidation is to allow for easy access to a particular subject matter on which there would have been numerous amendments to the law at different times.”
(V. C. R. A. C. CRABBE, Legislative Drafting, P185)
“….important development in the history of legislations in Ethiopia is the Consolidated Laws of Ethiopia. The purpose of the project of the Consolidated Laws “is to provide a useful source and reference work on the laws of Ethiopia”. The Consolidated Laws of Ethiopia initially contained laws which were, in effect, included at the end of the Ethiopian year 1961 (September 10, 1969). A supplement was issued in 1975 in which were included as laws which were, in effect, proclaimed at the end of the Ethiopian year 1965 (September 10, 1973). Since then, no supplement has been issued. Besides, the Consolidated Laws “contains numerous tables. And other means of assisting the user to find the legal provisions he is searching for”.17 This important work was begun by the former Institute of Public Administration of the Ethiopian Government but was later on turned over to the Faculty of Law of the Haile Selassie I University (now the Addis Ababa University). The work was completed in October by Mr. William H. Ewing, who was a member of the staff of the Faculty of Law and the project’s head. The other laws and regulations relating to Addis Ababa appeared in the Consolidated Legislations of Addis Ababa”
(Sileshi Zeyohannes and Fanaye G/Hiwot, Legislative Drafting Teaching Material [Sponsored by the Justice and Legal System Research Institute] P25-26)
Volume I and II of the consolidated laws are now available. (Unfortunately only the Amharic version is available)
Due to the size of the file, I split up Volume one in to five parts.
I will upload Volume two in my next post.
Investment Incentives and Investment Areas Reserved for Domestic Investors Council of Ministers Regulation No. 270-2012
COUNCIL OF MINISTERS REGULATION No. 270/2012 DOWNLOAD (.pdf)
COUNCIL OF MINISTERS REGULATION ON INVESTMENT INCENTIVES AND INVESTMENT AREAS RESERVED FOR DOMESTIC INVESTORS
This Regulation is issued by the Council of Ministers Pursuant to Article 5 of the Definition of Powers and Duties of the Executive Organs of the Federal Democratic Republic of Ethiopia Proclamation No. 691/2010 and Article 39 of the Investment Proclamation No.769/2012.
PART ONE GENERAL
1. Short Title
This Regulation may be cited as the “Investment Incentives and Investment Areas Reserved for Domestic Investors Council of Ministers Regulation No. 270/2012″.
In this Regulation unless the context otherwise requires:
1/ “Proclamation” means the Investment Proclamation No. 769/2012;
2/ the definitions provided for in Article 2 of the Proclamation shall also apply to this Regulation;
3/ “Agency” means the Ethiopian Investment Agency re-established under the Council of Ministers Regulation No. 269/2012;
4/”Board” means the Investment Board referred to in
Article 6(1) of the Council of Ministers Regulation No. 269/2012;
5/”capital goods” means machinery, equipment and their accessories needed to produce goods or render services and include workshop and laboratory machinery and equipment necessary for same;
6/ “construction material” includes basic inputs necessary for the construction of investment projects;
7/ “customs duty” includes indirect taxes levied on imported goods;
8/ “income tax” means tax levied on profits from business and categorized as the revenue of the federal government, regional governments or as their joint revenue.
3. Investment Areas Reserved for Domestic Investors
1/ The following areas of investment are exclusively reserved for Ethiopian nationals:
a) banking, insurance and micro-credit and saving services;
b) packaging, forwarding and shipping agency services;
c) broadcasting service;
d) mass media services;
e) attorney and legal consultancy services;
f) preparation of indigenous traditional medicines;
g) advertisement, promotion and translation works;
h) air transport services using aircraft with a seating capacity up to 50 passengers.
2/ For the purpose of sub-article (1) of this Article, a business organization may have Ethiopian nationality, provided that its total capital is owned by Ethiopian nationals.
4. Investment Areas Allowed for Foreign Investors
1/A foreign investor shall be allowed to invest in areas of investment specified in the Schedule attached hereto, except those areas provided for in number 1.3.3, 1.4.2, 1.7, 1.11.3, 1.11.4, 5.3, 6.2, 8.2,9.2,9.3 and 12 of the Schedule.
2/ Notwithstanding the provisions of sub-article (1) of this Article, the Board may allow foreign investors to invest in areas other than those specified in the Schedule, except those areas provided for in Article 6 (1) and (2) of the Proclamation and Article 3(1) of this Regulation.
3/ A foreign investor who invests pursuant to sub-article (1) or (2) of this Article may acquire a private commercial road transport vehicle necessary for his business operations. Continue reading →
The law applicable to foreigners in Ethiopia-Summary of the legal provisions (Part I)
This Article is neither a commentary nor an analysis of the legal regime governing the rights and duties of foreigners in Ethiopia. Rather, it is a summary of the legal provisions directly or indirectly related to foreigners in Ethiopia so as to help as a brief guide.
As a matter of principle, the law in Ethiopia equally applies to any person irrespective of nationality. However, different legislation contain special provisions specifically applicable to foreigners. This summary is about these special legal provisions.
Ownership of Immovable Property
The 1960 Civil Code restricts the right of foreigners to own immovable property in Ethiopia. (Article 390 of the Civil Code) Any foreigner who is found to own immovable property in good faith is required by the competent authority to dispose of such immovable property to an Ethiopian within a period of six months. In case of failure to dispose of such immovable property to an Ethiopian within six months, the immovable property shall be seized and sold by the competent authority. The proceeds of the sale shall be paid to the foreigner less twenty percent which shall be deducted as a penalty and with a view to covering the expenses of sale. When the property is acquired by succession, the deduction will be only ten percent.
(Article 390-393 of the Civil Code)
Special cases for foreign investors
The old law which puts restriction on foreigners regarding ownership of immovable property has been recently relaxed by a recent law. The new investment proclamation allows foreign investor or a foreign national treated as domestic investor to have the right to own a dwelling house and other immovable property requisite for their investment.
(Article 24 of Investment proclamation No. 760/2012) Continue reading →
HAPPY NEW YEAR
Just like last year 2012 was again a wonderful blogging year.
On January 18 chilot.me will celebrate its 2nd birthday.
You can celebrate with me by sending email, cards or if you are around Dire Dawa, buy me some ‘gift’
within two years chilot.me has shown great improvement.
Total views in 2011= 94,269
Total views in 2012=467,532
chilot.me is now one of top 15 Ethiopian websites and within top 100 websites in Ethiopia (#59)
- Those who visited and revisited my blog
- Those who sent me encouragement (223 friends) through contact me page
- Those who subscribed to my blog (845 friends)
- Those who commented on posts and pages
- Those who like and shared my posts
to two lawyers from America
1-Alem Taye, 234 Cool Stone Bend, Lake IN The Hills, IL 601565 for solving one of the critical problems of my blog. I had limited space on wordpress.com
Alem Taye upgraded the available space of the blog from 5 gb. to 25 gb. Thanks a lot
2- Addisu Zegeye Dubale
The WordPress.com stats helper monkeys prepared a 2012 annual report for this blog.
Here’s an excerpt:
About 55,000 tourists visit Liechtenstein every year. This blog was viewed about 460,000 times in 2012. If it were Liechtenstein, it would take about 8 years for that many people to see it. Your blog had more visits than a small country in Europe!