Books and Journals › Constitutional Law
- Bringing Justice Home. The Road to Final Appellate and Regional Court Establishment by: Commonwealth Secretariat, 2008
- Autonomous Weapons Systems & Accountability: Rethinking Criminal Responsibility for War Crimes at the ICC
- Evaluation of Whether The Awards Annulled at The Seat of Arbitration Should be Enforced in Other Jurisdictions in the Context of Juridical Theories of Arbitration
- Reforming the Current United Nations Sanctions System: A Necessary Exercise in the 21st Century
- The Tussle with Constitutionalism and the Rule of Law: The Case of Cameroon
- Regulation of the Social Media in Electoral Democracies: A Case of Kenya
- Corporate Accountability in International Law: a “State Shaming” Exercise
- The Effect of China’s Law-Making Power on its Participation in the WTO DSM
Don't Go Taking My Heart: A New Model for Organ Donation Law and Consent
In light of continued disparity between registered organ donors and patients in need of a transplant, this article seeks to evaluate purported solutions as enacted by the UK and other governments, with particular focus on the current explicit consent and proposed presumed consent models. The article seeks to view Organ Donation law in the UK through a wide lens, focusing not only on results...
- Foreword: Looking Forward and Back in Time of Transitions
Modern Day Illegality: Mance LJ and the Range of Factors Approach
The longstanding principles underpinning equitable and common law proprietary claims in relation to illegality have recently been reconsidered in the Supreme Court, the outcome of which was a change of approach in assessing reliance on illegality. This paper explores Mance LJ’s (as he then was) distaste of abiding by established illegality doctrines and the extent to which his view was echoed and
The Procedure for the Creation of New Regional States under the FDRE Constitution: Some Overlooked Issues
The Ethiopian Federation which was created by the 1995 Federal Democratic Republic of Ethiopia (FDRE) Constitution had nine member states and one city administration. Apart from the creation of Dire Dawa as a city administration, no new state has been introduced in the Ethiopian federation since the adoption of the Constitution. However, several ethnic-based Zonal administrations in the country‟s
- Banality of Evil Meets Unity of Purpose: Criminological Similarities between Italian Mafia Groups and International Crimes
- Beyond the Failure of Justice: Lebanon’s General Amnesty Law of 1991 and Access to Redress for Victims of the 1975- 1990 Civil War
The Quest for Identity and Self-Determination in the SNNP Region of Ethiopia
The rich ethnic diversity in the SNNP region is being managed by different mechanisms of constitutional, institutional, and political practice. Yet, this has not been able to contain new questions of identity, not only seeking for recognition as a distinct ethnic group, but also a desire to establish ethnic territorial administrations. Moreover, ethnic groups that are already recognized are also...
- Section 54 of the Modern Slavery Act 2015 and the Corporation
Comment: Filing Suit in the Wrong Court and its Effect in Interrupting Period of Limitation
Although the Federal Supreme Court rendered a sound decision on the effect of filing suit in the wrong jurisdiction with regard to the period of limitation, it failed to provide detailed analysis and reasoning. The importance of reasoning in judgment is well known. However, the Supreme Court Cassation Division in this case arrived at conclusion without deeply exploring the issues involved and...
Amicable Dispute Resolution in Civil and Commercial Matters in Ethiopia: Negotiation, Conciliation and Compromise
Amicable dispute settlement methods play a major role in the resolution of civil and commercial disputes. These mechanisms present advantages to the parties as compared to arbitration and litigation. The Civil Code of 1960 contains provisions on Conciliation and Compromise, which set out the minimum legal framework for practical use by disputing parties in civil and commercial matters....
- The Durability of Truth and Reconciliation in Peru´: A Perspective from 2018
Piercing the Corporate Veil? A critical analysis on Prest v Petrodel Resources Ltd and Others
Ever since the early development of company law, the notion of corporate veil has been one of the most fundamental legal principles. From Aron Saloman v A Saloman - Co Limited  AC 22, it has long been established that courts recognise the separate legal entity of a company. However, in order to prevent misuse of the corporate form, the notion of veil-piercing was developed. In 2013, the...
The Journey of Good Faith: Where Does It belong in General Contract Law?
This piece considers the doctrine of good faith and its existence in contract law which began with Lord Mansfield’s judgment in Carter v Boehm. Then, reconsiders the general contract law approach in reluctance to establishing an overriding duty of good faith. Parallels are drawn from the operation of the pre-contractual duty of good faith in insurance contracts to demonstrate that an overreaching
Sense and Nonsense in the Regulation of Equipment Financing Business in Ethiopia
The discourse about equipment financing (financial leasing) business is not as to whether it is useful; but it is about how to create the best possible investment climate for the growth and expansion of the sector; that is how to maximize the economic gains in terms of facilitating alternative access to financing for businesses. Equipment financing or financial leasing is one of the alternative...
The Law of Illegality and Trusts: A New Mess for the Old One
In Patel v Mirza,1 the Supreme Court overruled the highly controversial judgment of the House of Lords in Tinsley v Milligan.2 The new ‘range of factors’ test adopted by the landmark decision, which replaced the narrow ‘reliance’ test formulated in Tinsley v Milligan, however does not produce different results in every single case. This article highlights the impact of the law on illegality of...
Can the Prospect of Unmanned Ships Stay Afloat under the Current Collision Regulations?
The prospect of unmanned shipping was previously confined to fiction, however, technological developments over the last decade have firmly established their place in the future of the Shipping industry. This essay focuses on unmanned ship’s ability to comply with the 1972 Collision Regulations (COLREGs). This essay will discuss whether unmanned ships can satisfy the existing COLREGs, whether...
Comment: The Principle of Universal Jurisdiction for Massive Human Right Violation of the Past: An International and Ethiopian Perspective
Confronting egregious human rights violations and repressive past is an arduous and necessary task to end the cycle of impunity. Bearing in mind Ethiopia‟s notable contribution to the peace and security in the Horn of Africa and beyond, Ethiopia and the region at large can benefit from showing support to institutions that aim to establish accountability for grave human rights violation. Ethiopia...
Towards a Better Commercial Arbitration: Should Ethiopia Ratify the New York Convention?
The 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral awards is currently ratified by 161 states. The Convention gives a visa for arbitral awards made in a Convention state and guarantees enforcement of the award elsewhere except on few grounds. It imposes obligations on states and their courts to recognize and enforce foreign arbitral awards and arbitration...
- The Rise of Mediation and its Erosive Effect on the Rule of Law in Dispute Resolution
Does a Choice of Law Bind a Claimant in a Direct Action? An Analysis in Relation to Insurance Contracts in a Maritime Law Context
This article examines the application of European Union rules on a choice of law in relation to direct action claims, with a focus on insurance contracts in a maritime setting. This is an important legal matter which needs to be addressed, since, in cases of insolvent tortfeasors, third parties may be left without a remedy for damages incurred. The analysis will look into the most recent case law
Comment: The Role of Courts in Safeguarding the Best Interest of the Child (Amharic)
The best interest of the child is a multifaceted principle governing children’s rights. This principle is tri-dimensional which serves as (i) human right, (ii) a mechanism of evaluation of other rights, and (iii) as a means of interpreting other rights under the Convention on the Rights of the Child (CRC). Ethiopia has ratified the CRC. As the judiciary is the ultimate guardian of human rights...
Traditional African Conflict Resolution: The Case of South Africa and Ethiopia
In Africa, traditional conflict resolution is based on values, norms, cultures and beliefs as practiced by the members of the community. Thus, traditional conflict resolution decisions are readily accepted by the community. However, colonialism had very serious impact on African values, norms, cultures and beliefs. It disregarded, undermined and weakened them. Cultural hegemony (as a result of...
Trust and Distrust Approaches in the Constitutional Lawmaking of Rural Land Rights in Ethiopia: Nature, Drafting and Implications
Although rural land rights are recognized in the 1995 Constitution of the Federal Democratic Republic of Ethiopia (FDRE), the academic discourse and policy dialogues on the issue are still underway. However, these dialogues do not comprehensively cover the provisions in the Constitution concerning rural land rights, the modus operandi in the drafting approaches of the provisions and their legal...