St. Mary's University College (Books and Journals)

• Mizan Law Review

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....

• Mizan Law Review

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...

• Mizan Law Review

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...

• Mizan Law Review

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

• Mizan Law Review

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...

• Mizan Law Review

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...

• Mizan Law Review

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...

• Mizan Law Review

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...

• Mizan Law Review

The Federal Democratic Republic of Ethiopia Constitution confines the power of regional states over water to administration of watercourse that flows within their respective territories. Various proclamations introduce an integrated approach to water resources management through the application of proper and integrated master planning. To this end, a new institutional framework is established...

• Mizan Law Review

• Mizan Law Review

Cross-examination particularly in the context of criminal trial is a human right recognized in international human rights law and the Ethiopian constitution. However, states are increasingly facing another pressing policy consideration – protecting prosecution witnesses who could otherwise be subject to intimidation, and who could even risk their lives for providing evidence in the administration

• Mizan Law Review

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...

• Mizan Law Review

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...

• Mizan Law Review

As an exercise of sovereign power, the lawmaker adopts public policies to achieve certain ends. However, public policies need justifications. One such public policy is criminalisation of conduct whereby the lawmaker may have to use both doctrinal and empirical justifications. Such empirical justification is criminal statistics. All the three organs – the police, the prosecution office and the...

• Mizan Law Review

Communal land is among the key factors in the enhancement of rural livelihood because it enables mixed farming practices. Although communal lands are prime sources of livelihood in rural farming communities, empirical evidence shows gaps in their legal recognition and protection in Ethiopia. There are encroachments which include government intrusion, informal land sale, distribution, and handing...

• Mizan Law Review

Sovereignty is a doctrine of power that constitutes and vests supreme political power in the state, including criminal lawmaking power. However, this supreme power of exercising coercive state power through the criminal law is not unlimited. Because the justifications for sovereignty are also justifications for criminal lawmaking power of the state, they are discussed together. After presenting...

• Mizan Law Review

The 1997 UN Watercourses Convention has influenced the development of many bilateral and multilateral international water agreements. There is ongoing debate on the extent to which the Watercourses Convention has influenced the Nile River Basin Cooperative Framework Agreement (CFA). In this article, the author examines the interface between Watercourses Convention and CFA on some of the most...

• Mizan Law Review

Zoning and land use regulations accommodate and balance various interests which relate to urbanization, food security, enhanced livelihoods, industrialization and globalization, in the context of sustainable development. Unlike comparative practices in other countries, Ethiopia has no comprehensive and codified zoning law even though the zoning stage affects the subsequent stages. Ethiopia has...

• Mizan Law Review

• Mizan Law Review

The Nile Basin has long been noted as a potential flashpoint for resource conflict on account of the prevalence of inequitable water utilization and acrimonious inter-riparian relations. The basin’s proneness to conflict has been exacerbated by the absence of an inclusive legal and institutional framework governing the utilization and management of its meager water resources. Unilateralism and...

• Mizan Law Review

Although divorce disrupts the marital bond thereby terminating marital rights and obligations, each parent’s obligations to the wellbeing and upbringing of children (custody, visitation rights, and maintenance) persists. This article examines the practice of courts with regard to child custody, visitation rights and obligation to supply maintenance in the Southern Nations, Nationalities and...

• Mizan Law Review

Public interest environmental litigation (PIEL) has been introduced into the Ethiopian legal system since 2002 with the prime purpose of facilitating and complementing the environmental protection efforts of the country. However, little progress has been recorded in utilizing this innovative litigation tool. The purpose of this article is to examine the legal and policy frameworks for PIEL and...

• Mizan Law Review

This article examines the desirability of plea bargaining in Ethiopia focusing on its policy justifications as encapsulated under the 2011 FRDE Criminal Justice Policy. Emphasizing upon the specific contexts of Ethiopia, the article analyzes policy documents, laws and comparative literature. The policy relies on the traditional rationales of plea bargaining. However, most of the elements in the...

• Mizan Law Review

The FDRE Constitution acknowledges the right to freedom of political party membership. Similarly, the Political Parties Registration Proclamation, which regulates the details of political party membership, allows a political party member to withdraw from his/her membership at any time. The form of withdrawal, however, has become contentious. In Unity for Justice and Democracy Party -versus- Blue...

• Mizan Law Review

This comment examines the legality of Guideline No. FIS/01/2016 issued by the National Bank of Ethiopia (on November 1st, 2016) regarding the relinquishing of shares in banks owned by foreign nationals of Ethiopian origin. It is argued that at the time of the auction, an Ethiopian born foreign national remains to be the owner of the share unless it is proved that ownership is acquired...

• Mizan Law Review

• Mizan Law Review

The Ethiopian Commercial Code recognizes mandatory compensation if agency agreement for an indefinite period of time is terminated due to the fault of the principal; and the Draft Commercial Code is likely to maintain this approach. This comment examines the status and functions of a commercial agent as well as the compensation due to the agent upon the termination of the commercial agency. I...

• Mizan Law Review

Risk is any uncertainty in an industry including the construction sector. Claims and disputes arise when risks occur in construction projects. This comment discusses risk allocation under Ethiopian construction law and examines risks in civil construction contracts. The comment highlights the gaps in risk allocation norms under the standard format of construction contract that was issued by the...

• Mizan Law Review

• Mizan Law Review

Although the Ethiopian federal dispensation legitimizes political participation based on ethnic identity, the arrangement, both through design and political practice, has led to the skewed representation of ethnic groups. The article examines these challenges and argues that in addition to the existing electoral system, difficulties pertaining to the holding of free and fair elections, ethnic...