LLM Thesis


ADDIS ABABA UNIVERSITY

 

The African Internal Displacement Problem and the Responses of African Union: – An Examination of the Essential Features of the AU IDPs Convention      DOWNLOAD

By: Admasu Alemayehu Adisu

Advisor: Salah S. Hammad (LL.M, PHD)

Faculty of Law January, 2010

 

Critical Analysis of the Applicability of the Right to Development in the Ethiopian Context        DOWNLOAD

Prepared By: Belay Getachew

Advisor:Mellese Damtie (LL.B, B, Sc and LL.M)

June2009

Abstract

The Right to Development, after a long time discourse is internationally recognized as a universal and inalienable right and integral part of fundamental human rights. It is also further elaborated in the context of all human rights both individual and collective providing priority to fight against absolute poverty integrating environment in a framework of sustainable development. Ethiopia has also guaranteed the principle of the RTD in the FDRE Constitution.

States have the duty to formulate development polices for the realization of the RTD. In this respect, the FDRE Constitution incorporated economic, social and environmental objectives whereby laws and policies guided and implemented thereof. The Government consecutively, formulated national development policies in light of addressing sustainable development from the social, economic and environmental perspectives.

Thus, in this research, it has been tried to examine the applicability of the RTD in the Ethiopian context. In order to critically analyze the implementation of the RTD and its constitutive rights such as the right to improved living standards and the right to sustainable development, different methods based on primary and secondary sources have been applied. To this end, the essence, legal status and major implementation constraints have been critically assessed. For this purpose, the constitutionally recognized right of public participation is thoroughly discussed in line with development processes.

For the implementation of the RTD and its constitutive rights in Ethiopia, policy issues are outlined but the challenge is lack of specific directives or instruments and absence of effective evaluation and monitoring programs. All these problems are reflected in various sectors. More importantly, absence of effective public participation in different development activities is also identified. Therefore, if the government puts the social, economic and environmental development programs in integrated manner into practice, sustainable development can be ensured which, in turn, the principle of the RTD in Ethiopia will be progressively realized .

MINORITY RIGHTS PROTECTION IN THE AMHARA NATIONAL REGIONAL STATE: THE CASE OF THE KEMANT PEOPLE IN NORTH GONDAR     DOWNLOAD

BELAY SHIBESHI AWOKE

ADVISOR

TSEGAYE REGASSA

JANUARY 2010

INTRODUCTION

1.1 Background

Ethiopia is one of the oldest states of the world and was the only country in Africa to escape from the yoke of European Colonialism. For a long time, it was ruled by successive monarchies and very recently by a military dictator for about a decade and half. However, both systems of government were not better than colonial rule for the enjoyment of fundamental rights by its citizens in general and minority ethnic groups in particular. After the fall of the military regime in 1991, the Transitional Government of Ethiopia came up with promises for the respect and promotion of human rights and ethnic rights which were later included in the 1995 Federal Constitution.

The Federal Constitution, apart from enshrining fundamental rights of individuals in an extensive way, declared self-determination up to and including secession an unconditional, fundamental right of every ‘nation, nationality and people’ of Ethiopia. Moreover, unprecedented in the history of the country, the constitution declared federal form of government in accordance with ethnic-based territories. Although it is believed that there are more than eighty ethnic and linguistic groups in the country, the Federal Constitution formed only nine regional states.1 In other words, there are some ethnic groups within the mainstream groups in whose names the regional states are designated.

While federation is one of the mechanisms whereby differences are tolerated and minority rights are protected, there is fear that, in the present Ethiopian federal context, minorities in each state may fall under the dictate of the mainstream ethnic group. As a member of the federation, each regional state has its own constitution in which minority ethnic groups may or may not be recognized.

The Scope of Religious Freedom and its Limits under the FDRE Constitution: A Survey of Contemporary Problems and Challenges DOWNLOAD

Berhane Zikarge

Advisor: Dr. Assefa Fiseha (Associate Professor)

January 2009

PREFACE

In recent years legal scholars of this country have ventured into the daunting task of undertaking a scholarly research surrounding the issues of the Ethiopian constitutional system in general, and the federal scheme in particular. To their credit they have produced a number of research works in various areas of interest. These contemporary academics have paid much attention to both the theoretical literature and the empirical track record of Ethiopia’s federalism; examining the constitutional form and practice, the strength and downsides of the federal matrix, the ambivalence of ethnic federalism, the hope and breakthrough towards multicultural federalism, the need for accommodation of diversity, managing ethnic conflict, protection of minority rights, application of fiscal decentralization, jurisprudence of constitutional interpretation and some human rights issues in general.

Unfortunately, however, there is a conspicuous absence of scholarly research, and no considerable scholarship has developed yet in the areas of freedom of religion and its concomitant concept-secularism. It has been a neglected area of research at least in terms of a focused legal and empirical assessment. Thus, the purpose of this study is to begin a discussion about the emerging legal and practical challenges surrounding the issues of religious freedom vis `a vis secularism and to examine some problems that ensue in recent years.

The research was undertaken over a period of four months. Therefore, due to time and resource constraint, and the broader nature of the topic, I don’t pretend to say every aspect of it is thoroughly examined and fleshed out to its minutest detail. However, I believe a significant contribution has been made by providing important illustrative indications of the legal and practical complexities involved in the topic under consideration; and it helps to articulate the pressing issues that may require in-depth analysis in the time to come.

In the course of my research, I encountered some expected and unexpected challenges. The nation wide problem of power break and its intermittent shift in the summer, the reluctance of some people to talk about religion-related issues, the lack of well documented court cases, and the lack of standard literature in the topic, were some of the frustrating experiences I have undergone through.

WTO ACCESION AND REQUIRED PRODUCT STANDARDS: THE CASE OF ETHIOPIA    DOWNLOAD

Binnyam Ahmed

Advisor: Elias Nour

January 2010

INTRODUCTION

The word ‘standard’ has become a common term in all sectors of business. The desire towards having the best standards in goods and services is progressively increasing. Participants in all business undertakings do not negate the idea of having the best quality. Consumers look for a product or service with high standards. And, transactions are expected to result in the satisfaction of the parties, with a special concern that consumers need to be protected from any possible harm that would occur from the normal consumption of any goods or services.

The future of the world, borrowing the words of the US president Barrack Obama’s address to the 62nd United Nation General Assembly, is established on pillars, one being the expansion of global trade with opportunities to people in all countries. At present time, global trade has become an essential element in the proper functioning of the world as it caters for the economic needs of nations. More than half of the nations in the world are members of an international trade organization whose primary aim is fostering global trade and expanding market access by reducing and eliminating trade barriers. As the significance of trade is increasing in countries that have embraced the multilateral trade regime, many nations including Ethiopia, are in the process of joining this trade regime.

When countries welcome the products and services of other nations in international trade, a responsibility resides in importers to monitor the ‘standards’. The first point of focus in this regard is to make sure that the safety and health of people are not affected negatively. The protection of animal and plant life, plus the concern about the environment will be major issues of concern. The next step will then be assuring that imported products and services fulfill the standards required by domestic consumers. This envisages availability of different alternatives to choose from. These concerns exist whether a nation is importing or exporting.

AIR PRACTICE UNDER COPYRIGHT LAW OF ETHIOPIA: THE CASE OF EDUCATION   DOWNLOAD

DANIEL MITIKU

ADVISOR

Dr.MANDEFRO ESHETE (Assistant professor)

JANUARY 2010

Introduction

Copyright law was developed to encourage creativity, one, by protecting the interest of the author or owner of the copyrightable work. The protection given by copyright law is expressed through entrusting the author or the owner of copyrightable work the exclusive right of reproduction, sale, rent, transfer, and other communication of the work to the public.

However, protecting the interest of the owner of the copyrightable work is not the only purpose of the copyright law .Copyright law has to also take in to account the interest of the society at large. That means the copyright law has to allow some access to and use of information of the copyrighted works. Thus, to balance between the interest of owner of the copyrighted work and the public, the copyright law provides exceptions. Education is the important exception that sides with the interest of the public.

But, in the name of exceptions, the users of the copyrighted works should not be made to free ride and affect the interest of the copyright owner. So, something has to be done to limit free riders. That means an exception to an exception is necessary. In this regard, the concept that is used to balance the interest of the society and the copyright owner is known as fair practice.

This paper only focuses on the standard fair practice as it is applied to education exception provided under copyright proclamation No.410/2004 of Ethiopia. International copyright conventions are also looked from such perspective. In this regard, the paper gives emphasis on the standards that help to identify whether a certain practice is fair or not.

Therefore, to realize the above objectives, this paper is divided in to six chapters. The first chapter is on the general background to the research. The second chapter is on the general background concepts on copyright. Here the historical background of copyright at international level and the general concepts of copyright are addressed.

Investment Limitations in and by Banks in Ethiopia    DOWNLOAD

Getnet Temechew

Advisor: Professor Tilahun Teshome

JANUARY 2010

ABSTRACT

This research was conducted as an investigation into the complexities of the attempts of the Government of Ethiopia to control banking business by applying strict regulatory intervention and its impact on the participation of foreigners in the banking business in the country.

To start with, the researcher accepts the universal argument that banks are unique from other business organizations. They are unique because they provide the most important contribution to any economy; they uphold the public trust and confidence; they are key players in the payment and settlement system for the government, business sector and households; they are deposit takers, liable for financial assets that are the property of the entire social system which are to be repaid, in full, on demand or on the date they are due; they play a major role in the allocation of financial resources, acting as an intermediary between depositors of surplus funds and borrowers in need of funds; they are highly leveraged: in comparison to commercial or industrial companies i.e. cash flow sensitive to meet repayments.

This unique feature makes banking a risky business whose failure may result in systemic risk and necessitated special and strict regulatory intervention by governments.

Among the various regulatory intervention mechanisms, investment limitation in banks and by banks themselves are found to be essential factors that affect them for good or bad.

The nature and scope of investment in banks and by banks is regulated in different countries differently. At the same time, the performance and stability of banks have got a lot to do with the flexibility or strictness of the regulatory regime concerning investment in and by banks.

The concerns related to protection of infant banking industry against FDI & the regulator’s competency issues may not be neglected. But Ethiopian law is too strict in this regard. Hence, at least equity participation of foreigners is advisable.

The other limitation on investment in banks is on national investors. As comparative study shows, limiting investment by 5% of the subscribed capital of a bank is too strict. This affects the capital mobilization capacity of banks in particular when viewed in relation to total exclusion of FDI and prohibition of an influential shareholder not to invest in another bank. This intern directly affects the efficiency and competitive advantage of banks. Beyond that, this stringent restriction on national investors seems to be against the constitutional right of citizens to acquire property based on the theory of vested rights. Hence, if the intention is to control the power of influential shareholders, the researcher recommends that recognizing nonvoting shares is advisable.

Indeed, the 5% restriction itself seems to be too strict because it affects the capital mobilization, competition capacity and efficiency of banks which needs some relaxation. Moreover, Ethiopian law has neglected all related factors other than ownership as it does not regulate issues of pledgee and usufructory.

With respect to the concern related to investment by banks, this research suggests that scope of economy of efficiency vs undue affiliation with commercial entities, stability vs systemic risk, the degree of investment risk vs loan provision should be analyzed. On the other hand, it is argued that investment as a source of revenue needs due attention.

As part of a concluding remark, the findings of the research confirm that it is difficult to qualify the advantages and risks associated with investment of banks in equity of commercial entities. Hence, without appriori assessment and qualification, it is not easy to suggest the optimal level of mixing. But, generally, comparative study shows that Ethiopian law takes a moderate position. Based on the result of the study, the researcher recommends that this issue demands further economic analysis/research.

The Ethiopian Legal Regime on Plant Variety Protection: Assessments of Its Compatibility with TRIPS Agreement, Implications and the Way Forward   DOWNLOAD

Gizachew Silesh

Advisor: Fikremarkos merso (Dr.)

January 2010

ABSTRACT

Historically the recognition and enforcement of intellectual property rights (IPRs) were solely a matter of respective national governments. As such they could have been manipulated so as to fit in a nation’s overall policy objectives. International agreements have long began to restrain this autonomy of national governments but the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which is one of the agreements administered by WTO, has never been paralleled by any prior IPR Agreement in its broader scope of applicability with wider sets of WTO Members and in its comprehensiveness of various IPRs. TRIPS ventures into a “one size fits all” approach by prescribing minimum level of IPR protection and enforcement to be adhered by all of its Members in the various fields of IP.

Nonetheless, in relation to plant variety protection, the TRIPS Agreement purports to deviate from the one size fits all approach by permitting Members either to use patent, or an effective sui generis system or a combination thereof. In most cases the patent option is ruled out. Particularly developing and least developed countries resort to the sui generis option so as to derive some flexibility to accommodate local contexts and to align plant variety protection into their socio-economic policy objectives. However, the absence of clarity in the agreement as to what it takes for a Member to comply with “effective” sui generis system has rendered the depicted flexibility unreliable.

While there have been some efforts in designing plant variety protection laws that suits particular context of a given country, restrictive

interpretations of the open ended clauses of the TRIPS Agreement have been advanced to equate the effective sui generis option to some pre-existing precedents developed in the context of developed countries such as the UPOV system of plant variety protection. And as such there is a tendency to neglect the context of less developed countries and to close the policy space deliberately left in TRIPS in relation to protection of plant varieties. In particular, this open ended nature of the clause have been utilized to give the impression that countries acceding to the WTO need to join UPOV or align their plant variety protection laws to that of UPOV, not to mention the bilateral and multilateral trade and investment agreements used by developed nations towards that end.

However, close investigation of the TRIPS Agreement shows that considerable leeway is left to Members in designing plant variety protection laws. TRIPS does not directly or implicitly require Members to align their plant variety protection laws to that of UPOV system. In some respects adopting the UPOV system particularly the latest revised one may not fit well into the context of less developed countries. Other models of plant variety protection laws can as well meet the effective sui generis requirement of TRIPS.

Currently, Ethiopia is in the process of accession to WTO and as part of its accession process its legal regime on plant variety protection shall be the subject of scrutiny. The study examined whether the Ethiopian plant variety protection law, which is not based on UPOV, coheres or not with the legal requirements of TRIPS. It first examines the legal regime in TRIPS and the Ethiopian law so as to explain where Ethiopian law lies for possible demands from TRIPS. The study concluded that from legal point of view Ethiopian law virtually coheres with TRIPS and warns the negotiators not to yield to political pressures. And to that effect the research has attempted to identify the potential areas of interest that negotiating parties might tend to limit the nation’s policy space, by way of political pressure though these obligations do not spring from law in strict sense.

THE APPLICATION OF DATA MINING IN CRIME PREVENTION: THE CASE OF OROMIA POLICE COMMISSION  DOWNLOAD

LEUL WOLDU ASEGEHGN

JULY 2003

Abstract

Law enforcement agencies like that of police today are faced with large volume of data that must be processed and transformed into useful information and hence data mining can greatly improve crime analysis and aid in reducing and preventing crime.

The purpose of this study is to explore the applicability of data mining technique in the efforts of crime prevention with particular emphasis to the Oromia Police Commission and to build a model that could help to extract crime patterns. With this objective decision trees and neural network were employed to classify crime records on the basis of the values of attributes crime label (CrimeLabel) and crime scene (SceneLabel).

Results of the experiments have shown that decision tree has classified crime records at an accuracy rate of 94 percent when the attribute CrimeLabel is used as a basis for classification. Where as, in the same experiment, the accuracy rate of neural networks is 92.5 percent. On the other hand, in the case of classification of records on the values of the attribute SceneLabel decision tree has shown an accuracy rate of 85 percent while neural network revealed 80 percent.

In both experiments the output indicated that decision tree performed better. Besides, decision tree generated understandable rules that could be easily presented in human language and thus police officers can make use of these rules for designing crime prevention strategies. Thus, this experiment has proved that data mining is valuable to support the crime prevention process and particularly, decision trees seem more appropriate for the domain problem.

AFFILIATE COMPANIES IN ETHIOPIA: ANALYSIS OF ORGANIZATION, LEGAL FRAME WORK AND THE CURRENT PRACTICE  DOWNLOAD

Mehamed Aliye Waritu

Advisor: Ato Seyoum Yohannes

(LL.B, LL.M)

January, 2010

Abstract

The formation and of operation of affiliate companies have become an enterperunreial reality in contemporary society. These companies have the freedom to determine the size and boundary of their organization , and in so doing they limit (and some time evade) their legal duties since they are characterized by their unity as commercial enterprise and their legal diversity (multiplicity) and legal segregation and insulation and member companies .Such a gap between organizational and legal structure in the realm of affiliate companies have been the subject of many academic discussion and there are also judicial and legislative development in the area, a tendency for special regulation in the interest of minority shareholders and creditors of the member company in the group particularly in the civil Law legal system. The paper endeavors to investigate the organizational structure of officiate company in Ethiopia and analyzed with the rules on joint holding, limitation on acquisition of bank shares, rules on liability of directors officers and managers and consolidation in bankruptcy. Apart from the absence of special regime and the insufficiency in the existing legal rules; courts, practitioners and regulators are not familiar with the legal consequences of opera ting affiliate company. So to curb problems presented to interests allied with affiliate company organizational structure such as creditors; judicial actions under the existing legal framework and legislative reform of the subject under consideration is recommended.

MAJOR PROBLEMS ASSOCIATED WITH PRIVATE LIMITED COMPANIES IN ETHIOPIA:  THE LAW AND THE PRACTICE  DOWNLOAD

NIGUSIE TADESSE

ADVISOR-ZEKARIAS KENEAA/ASSISTANT PROFESSOR/

March, 2009

ABSTRACT

Business organizations are important to operate business activities that demand the involvement of many persons. In these days, therefore, business organizations are getting momentum in every sector of the economy. In most jurisdictions, business organizations are classified as companies (corporations) and partnerships. The 1960 commercial code of Ethiopia provides six forms of business organizations, among which two of them are companies, namely share companies and private limited companies.

In Ethiopia, private limited companies are dramatically increasing in all corners of the country and its role in the economy of the country is also considerable. Private limited company in Ethiopia, however, is surrounded by problems irrespective of its tremendous rising up. The problems are related with the provisions of the commercial code governing private limited company in Ethiopia. The sketchy nature of the provisions in the commercial Code in turn brought about practical problems which are prevailing in every company. In this regard, the study tries to point out the legal and practical problems related with: fully paid up capital, the mandatory legal requirement of the two members in the formation of such company, restrictions of share transfer out side the company, and the limited liability of members who manage a private limited company. Accordingly, the thesis tries to recommend that the commercial code should be amended so as to rectify the existing problems.

The Legality of the Indictment of President Omar Hasen Al-Bashir by the International Criminal Court Under International Law  DOWNLOAD

Takele Enkossa

January, 2010

Abstract

In March 2005, the UN Security Council referred the situation in Darfur to the International Criminal Court (ICC). After investigating the case the prosecutor of the ICC made an application in July 2008 to the ICC requesting arrest warrant against Sudanese president Omar Hasan Al-Bashir for the crimes committed in Darfur since 2003. After the prosecutor’s application, the ICC Pre-Trial Chamber I issued arrest warrant on 4 March 2009 for the first time in the Court’s history against a sitting Head of State. The issuance of this arrest warrant raised a mixed reaction in favor of the indictment and against the indictment.

The main objective of this study is assessing as to whether the indictment issued against Al-Bashir is in accordance of the ICC Statute or not.

To analyze the legality of the indictment against Al-Bashir, various literatures, international and regional human rights instruments, different treaties and conventions including the ICC Statute, summary of the prosecutor’s application and the Pre-Trial Chamber I decision have been consulted.

Finally the findings of the study reveal that the indictment issued against Al-Bashir is legally founded on the basis of ICC Statute and the international crimes lodged against Al-Bashir fall within the jurisdiction of the court.

In addition, this study pointed out some practical problems or challenges to bring Al-Bashir to justice so as to the court lacks enforcement mechanism to make arrest warrant effective and practical. To solve these problems, therefore, it needs the cooperation of Sudanese government, state parties to the ICC Statute and non-State parties to the Statute. More specifically, all possible efforts should be made by the U N Security Council. Where a State party fails to comply with a request to cooperate with the court’s decision it is the U N Security Council which mandated by the UN Charter to take all necessary means.

Food Quality Regulation in Ethiopia  DOWNLOAD

Tesfa Tolla

Advisor: Solomon Abay (PHD. Candidate)

January, 2010

ABSTRACT

Ensuring an acceptable level of food quality and safety is necessary to provide adequate protection for consumers and to enhance economic development through the facilitation of fair practice in food trade. These objectives can be achieved by implementing and monitoring quality assurance measures along the entire food chain from production through to consumption. Everyone involved in food quality assurance system from farmer to the consumer is expected to shares in the responsibilities of ensuring the supply of good quality and safe food to the domestic consumers and foreign markets.

In this regard, the study tries to point out the legal and institutional problems related with domestically produced, exported and imported foods in Ethiopia. In addition techniques and instruments employed as well the means used to enforce the food quality regulation to assure the supply of safe and of good quality food has also been the subject of this study. Accordingly the study demonstrates that although food establishments, in Ethiopia, are rapidly increasing and their role in the economy of the country is also considerable, food quality regulatory system, however, is not keep pace with the contemporary food quality and safety assurance system. The Outdated and fragmented food related laws and inadequate Coordination among government regulatory bodies involved in the activities brought about practical problems in assuring the quality and safety of food supplied to domestic consumers and foreign markets.

At the end, the thesis tries to recommend that the laws should be updated and made comprehensive in a way it match international standards and the institution that coordinate the activities of all stakeholders need to be established so as to rectify the existing problems.

THE LAW OF CORPORATE TAXATION IN ETHIOPIA  DOWNLOAD

BERHANE G/MARIAM

ADVISOR: PROFESSOR TILAHUN TESHOME

ANUARY 15, 2010

Abstract

The taxation of business organizations generally falls into two basic models-“Corporate” taxation and “Partnership” taxation. Corporate taxation typically imposes a tax on the income of certain types of business organizations and also taxes the profits distributed to the holders of the ownership interests. The partnership taxation model, on the other hand, taxes the income derived by the organization directly to the owners whether or not distributed. This Paper assesses the treatment of corporate taxation in the Ethiopian tax law and argues that the corporate tax issues are not properly addressed in a manner that attracts corporate business investment.

Judicial Review of Administrative Actions: A Comparative Analysis DOWNLOAD

Tigist Assefa

Advisor:Mandefro Eshte(Dr.

January 2010

Introduction

In the modern world establishment of administrative agencies become a normal trend and the number of these agencies raise in a drastic manner. In most of the time, administration agencies are created to accomplish a certain legally defined act. Inherently these administrative organs have the power of execution. However, through delegation they are also equipped with the power of legislation and quasi- adjudication. The accumulation of these three powers in one organ makes it to be flexible enough to make the appropriate decision. In addition, since they acquire the best experience over the matter they become beneficial to the public. On the other hand, the accumulation of the three powers in one organ is also taken as contrary to the principles of modern government and considered as a potential to be autocrat and a threat to individuals’ right. Together with other mechanisms judicial review is designed as a response to this trait in order to hold public bodies accountable.

Judicial review can be understood as a mechanism designed to check whether the decision of the administrative agencies doesn’t trespass the limit defined by law. With this regard, it can also be added that even when the administrative agencies act within the power granted to them, courts can check whether there is arbitrariness, unreasonableness or procedural impropriety in the decision as part of their judicial review function. However, it’s good to note in here that the nature of judicial review doesn’t allow courts to interfere in the agency task.

In this research the concept of judicial reviews in general and its relation with the administrative branch of the government will be dealt. Chapter one of this research is devoted to touching up on issues surrounding judicial review. In chapter two the experience of USA and England from the common law country and France and Germany from the civil law countries will be dealt. In the last chapter a sole emphasis will be given to the Ethiopian experience. In doing so an introduction to the concept historical back ground starting from the pre 1931 period up to the present time will be made. Moreover, in the part which analyzes the present legal system attention will be given to the power of

the HOF and courts since they share this judicial review power over the decision of the administrative branch of the government. Finally, the draft administrative law will be analyzed in light of the general jurisprudence of the concept as it is dealt in chapter one and countries experience as it is analyzed in chapter two.

Legal Problems in Realizing Non-Performing Loans of Banks in Ethiopia DOWNLOAD

By: – Tihitina Ayalew

December, 2009

Abstract

A sound financial system presupposes legislations relating to banking and its supervisions. These legislations should cover different activities of banks including the amount of non-performing loans. Non-performing loans are one of the determinant factors for the soundness of the banking sector. That is why integral legal and institutional framework needs to be in place. Accordingly, this study was conducted to evaluate the problems faced by banks in resolution of non-performing loans. The paper aimed to provide a general idea on the legal framework for recovering non- performing loans in Ethiopia and the practical problems. The study employed secondary data from books, reports, journals and internet sources as well as primary data from interviews. Interviews were conducted in private and government banks. Cases were also collected and analyzed to show the problems in resolution of non-performing loans. Different Ethiopian legislations which have direct relation with the matters were assessed especially with respect to priority rights and procedures in realizing the securities for non-performing loans. The finding of the study indicated that legal gaps that exist in procedural laws and also institutional problems affect the resolution process. Lack of laws to protect financial securities such as Financial Guarantee Bonds and Negotiable Instruments mostly confined the credit system to collateral based credit system. Accordingly, the study recommends that amendments in procedural laws should be made. Furthermore, issuing appropriate laws covering financial securities, establishing a comprehensive institutional framework including Asset Management Companies (AMCs) with clear accountability and transparency are found to be very important.

The Legal and Practical Protection of the Rights of Minorities in Self Administering Nations of Ethiopia: The Case of Oromia DOWNLOAD

By: Tokuma Daba

Adivisor; Ato Getachew Assefa, Assistant Prof.

January, 2010

Abstract

This paper investigated the legal and practical protection of internal minorities in Oromia Region. For this purpose, secondary sources such as relevant legal literatures, books, laws, articles and journals were analyzed while interviews and field observations were the primary sources employed.

Because of the nation-building policy, recognizing Orthodox Christianity as a state religion, Amharic as an official /national language, and other political opportunities, most of the members of Amhara people dominantly occupied in the urban centers of Oromia. The then ethnic dissatisfaction caused the flourishing of ethnic based liberation fronts which have ultimately overthrown the military junta in 1991.In the FDRE Constitution ethnic groups which are territorially defined have become the bearers of sovereign power and entitled to the right to self-determination. Oromia is one of the nine states though none of the regions are homogenous as there are dispersed internal ethnic minorities which either belongs to the majority nation in other region or double minority groups ( which are neither dominant at national level nor at regional level) which have got very little attention in the constitution of both levels.

The Constitution of Oromia does not recognize the existence and the distinct identity of ethnic minority groups in this region though the 2007 population census indicates that there are almost all dispersed ethnic groups in this region. Numerically, each is below 1% except the Amhara people which constitute 7.2%.In practice; primary education is delivered either by Oromo language or Amharic depending on the preference of the students. There are also Amharic broadcasting programs on Oromia TV and Radio. In fact, no guaranteed representation for ethnic minority groups in this region at any administrative level though the existence and representation of non Oromo-ethnic groups are recognized in City council of 1st and 2nd grade cities. The Oromo and the Amhara constitute around 89% and 10% of the total Civil servants of the region respectively. The right to elect and to be elected is equally guaranteed to all Ethiopian citizens residing in the region, and regard is not made to an ethnic background for a person to be nominated and appointed in public offices.

THE LEGAL REGIME REGULATING COFFEE TRADE IN ETHIOPIA   DOWNLOAD

YARED BERHE

JANUARY 2010

ADVISOR: PROFESSOR TILAHUN TESHOME

JANUARY 2010

ABSTRACT

Coffee’s role in the national economy of Ethiopia has been unparalleled for the past five or so decades particularly in generating hard currency. Presently, about 25% of Ethiopian population depends on coffee for its livelihood. Owing to this, Ethiopian governments have been regulating the industry more strictly than other agricultural sub-sectors. Regulating the industry by putting legal framework started from early 1950s. Coffee auction system in contrast was set up in 1972.

The legal and institutional frameworks governing coffee trade diverges across the three governments. During the imperial government, it was relatively liberal and had fairly positive impact to the industry. During the Dergue era, on the contrary, the overall regulatory regime including the coffee auction system was highly centralized which negatively affected the industry. The Transitional Government’s market based economic policy on the other hand lifted most of the restrictions which enabled the country to export record amount of coffee. Yet, the coffee trade system including the coffee auction was similar.

In August 2008, however, the Ethiopian government introduced a new legal and regulatory regime which replaced the former one. This regime, among other things, switched coffee trade from the auction system to commodity exchange model of trading. It is, however, understood in a different ways by different stakeholders. Some seriously criticized it and others applauded it. This work studies the detail contents of this new coffee trade regime and its implications to the coffee industry. The study was conducted based on document analysis, interview, and observation. The findings of the study show that the present coffee trade regime is generally good scheme for modernizing the coffee industry. Even so, there are many shortcomings arising from the very law and/or practice. This work points out the major ones and suggests some recommendations which the writer thinks to be appropriate.

 

INFRINGEMENT AND REMEDIES OF ECONOMIC RIGHTS OF AUDIOVISUAL WORKS UNDER THE ETHIOPIAN COPYRIGHT  LAW: LAW AND PRACTICES IN ADDISABABA DOWNLOAD

YEMANE GESESEW

ADVISOR: DOCTOR MANDEFRO ESHETE (PHD)

JANUARY 2010

ABSTRACT

Audiovisual works are one of the important categories of copyrighted works intangible form of property. These works are internationally protected by the Berne Convention of 1886 and the Rome Convention of 1952. At the National level, specifically Copyright and Neighboring Rights protection Proclamation No 410/2004, the Ethiopian civil and criminal code in general. Basically, as audiovisual works are part and parcel of intellectual property subsists in a work an exclusive economic right. The law operates to prevent any unauthorized person from exploiting the protected work without the permission of or the remuneration of the owner of audiovisual work, which may or may not be the author or creator of the work. Any exploitation of the work without such permission or remuneration is termed an infringement of the copyright law which the violator punishable by law and attracts various civil and some criminal penalties.  In order for an audiovisual work to have protection, it must satisfy the test of originality of the work and be fixed in a medium for communication. Unlike some intellectual property rights systems, therefore, there is no formal system of registration of Copyright under the Ethiopian legal system. Theoretically, this is based on the principle that Copyright is a fundamental right which should not require the time and expense of legal process for recognition. Practically, however, we can marvel at how much easier it might be the audiovisual works formed part of some official register to which we only needed to ascertain prove in court litigation and ownership and expiration of audiovisual work protection.

Once these requirements are fulfilled ,the  audiovisual work,  different from  to other copyrighted works, gets protection for 50 years similar collective work of copyright owners, it commence counting which from date of fixed or communicated to the public which ever date of latest. However the script writer, the performers, composer or sound recorded incorporated the work will be exploited  on separate   Copyright protection .The audiovisual works are usually extended to the producer of the work who is designated as the author of the overall production, although he or she might have utilized several different component works in creating the audiovisual to which Copyright and Neighboring Right protection might extend.

However, it is now common to see that the audiovisual work of the country is respected more by breach than by its observance. This research paper  examines the level of infringement of the economic rights arising out of audiovisual works with particular reference to practical challenges for the effective enforcement of the law and the legal remedy available by closely scrutinizing the Ethiopian copyright law and other  relevant laws.  To such end, the writer examined the extent of infringement of audiovisual works in Addis Ababa city and come to the conclusion that the violation is rampant. Numerous actors engage in this infringement including some recording and distributing companies, audiovisual renting shops, and peddlers. The audiovisual rental shops, for instance, rent films which are not original video cassette or VCD, and/or rent without consent of the author after purchasing one original work. They also reproduce such and similar works without the consent of the author by a machine such as computer.

22 responses

  1. the contraction company and participant in the company with respect
    to their responsibility and duties

  2. If you are going for best contents like me, simply go to see this website everyday for the reason
    that it provides quality contents, thanks

  3. It would be good if full-fledged documentation is made. Still you need to go some distance in making the thesis available for those who want it. Any ways it is a good attempt.

  4. yared kefyalew | Reply

    Really interesting. Keep it up!!!

  5. The LLM thesis posted herein above are a good attempts from you quite not enough and keep it up!!!!!!! we are following you.

  6. Nice effort. I thank u. But some of the documents are not accessible. IS THAT INTENTIONAL? IF SO WHY?

  7. Abrish thank you very much pls go ahead!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

  8. Please don’t stop!!!!!!!!!!!!!!

  9. Ethiopian legal profession is at infancy stage. so websites like this are very important.

  10. no one can get very interesting LLM thesis like this. Thank you very much Keep on posting!

  11. all are too interesting keep it up in posting others …….thank you…

  12. continueby updating this good work

  13. All these are very nice Pls try to add other theses

  14. It is interesting , but why continue every year ?

  15. an astonishing collection. Abrish…you’re a hero.

  16. interesting!!!!

  17. Good Job!!

  18. I have read selected thesis they are astonishing.

  19. Very interesting…..but why not all…..I haven’t seen many…….

  20. Keep posting up!

  21. I was reading the LLM thesis posted hereon this page. It is interesting.

    1. It is a good developing political culture to comment in this way .keep on the good job.

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