Blog Posts (413)

We have goals, purposes, focuses, reasons to write about Ethiopian laws and our Legal System. Do you have something to write?, then you are welcome! 

SYSTEM System is commonly regarded as the main characteristics of modern codification and Weiss has identified ‘system’ as a third core feature of continental European codification. The goal of capturing the substance of the law in the form of comprehensive and systematic code is one actively pursued in different countries. A code collects and regulates different fields of law into one organized system. Codification is not meant to be a compilation of texts where many different sources of law were intermingled. Rather it is a…
Dispute settlement modalities, other than judicial litigation, were known even before the era of codification. They were continuously practiced as a traditional form of settling grievances. It had different names, like shimgelina, giligil. Irrespective of the nomenclature, each of these institutions sought to reach at amicable solution between the disputants. The growing interdependence of intra and interstate trade in Ethiopia, the need to modernize the legal system demanded an institutionalized dispute settlement method. People were already aware that the judiciary is entrusted in resolving disputes,…
COMPLETENESS A historical and comparative study of continental European codification reveals that codification aims at being complete. Although ‘completeness’ has several implications in different literature Weiss has identified three sub-elements of completeness in the sense of an (a) exclusive, gap-less and comprehensive as the second core feature of continental European codification. In this article each of these elements will be briefly discussed followed by the analysis of the Ethiopian civil code. 1. EXCLUSIVENESS Weiss has identified ‘exclusiveness’ as a sub-element of completeness in the sense…
The Wednesday’s news report, on Reporter News Paper Amharic version, about insurance companies restricting the commission paid to insurance agents is a dreadful, despicable thing. It shows what happens once a government fails to effectively and successfully to restrain firms. I deliberately make this short essay provocative. I want the concerned parties to sit down and devise a long term plan to regulate unfair competition. Silence from all governmental bodies has a dire consequence in the future; everybody must be wary of its outcome: paralyzing…
How many countries have ‘Codes’ as a basic legal source in the world? In how many countries legal systems the term ‘Codification’ exist? Are there common features of codification used as a basis for comparison and analysis? Although the exact number of codes is uncertain today, the UNESCO-sponsored survey on the basic sources of various legal systems in 1957 reveals that from 110 countries 73 countries had legal sources called ‘codes’ and the work of ‘codification’. In other words, codification exists in 67 per cent…
ውክልናን የተመለከተው ሕግ በአገራችን በብዛት ስራ ላይ ከሚውሉ የሕግ ክፍሎች አንዱ ነው፡፡ የኢትዮጵያ የፍትህብሄር ሕግ ቁጥር 2199 ውክልናን እንደተረጐመው “ውክልና ማለት ተወካይ የተባለ አንድ ሰው ወካይ ለተባለው ሰው እንደራሴ ሆኖ አንድ ወይም ብዙ ህጋዊ ሥራዎች በወካዩ ሥም ለማከናወን ግዴታ የሚገባበት ውል ማለት ነው” ይላል፡፡ ከትርጉሙ ለመረዳት እንደምንችለው ውክልና የሚደረገው በወካይና በተወካይ መካከል ሲሆን በውክልናው የሚከናወኑት ስራዎች ህጋዊ መሆን አንዳለባቸው ነው፡፡ ይህ ማለት ደግሞ ህጋዊ ባልሆኑ ነገሮች ላይ የሚደረግ ውክልና ተቀባይነት የለውም ማለት ነው፡፡ በሰፊው ስንመለከት ሁለት አይነት ውክልናዎችን እናገኛለን፡፡ እነሱም በፍተሃብሄር ሕግ ቁጥር 2189 ላይ…
Modernization relies on law as the means of transformation. In these great processes of transformation, day after day, many more demands for new legislation have been proposed as a reaction to different social, political, economic and environmental situations which seemingly develop independently or deliberately. Governments need effective laws to govern these processes of transformation, by which they achieve their political objectives and public policies. Such need may originate from different sources such as different ministries, a commission of inquiry, politicians, pressure groups, or sometimes from…
The aim of this article is to critically examine the conflict of the Karrayu Oromo’s with other neighboring communities and/or ethnic groups, where by the conflict may be characterized as intra or inter-ethnic group conflict, in light with the analytical framework. The paper will focus on the causes of conflict at different dimensions and will give attention to the dynamics, intensity and impact of the strife. Semantically, in most pastoral and semi pastoral areas and communities of Ethiopia, it is vividly rampant to observe frequent…
The idea of enacting a copyright law was first developed to encourage creativity and further grew on that sole purpose and protecting companies’ and individuals’ right to ownership. Such protections of copyright is expressed by giving the author or the owner of copyrightable works the exclusive right of reproduction, sale, rent, transfer, and other communication of the work to the public. According to David Bainbridge, a well-known writer on Intellectual Property, copyright means an intangible, incorporeal property right granted by the law to the owner…
One of the many things globalization is credited for is that it has “considerably weakened traditional governance processes,” according to Professor Charnovitz Steve, a well-known writer on non-state actors in governance. “Increasing global economic integration has reduced the power of national governments while granting other economic and political actors access to the world stage,” Charbovitz wrote. In Ethiopia the emergence of rigorous and formal Non-Governmental Organizations/Civil Society Organizations (NGOs/CSOs) dates back to barely two decades ago, although a few NGOs were already there during the…
1 Introduction The Millennium Development Goals form an ambitious agenda for reducing poverty and improving lives formulated by world leaders at the United Nations Millennium Summit in September 2000. The idea of identifying and setting international development goals for implementation across nations did not start with the MDGs. The UN had been doing it since the first “Development Decade” in the 1960s. However, no comprehensive process and mechanism had been put in place to monitoring progress in achieving these goals at the country level. Instead,…
In an old English case [Richardson v. Melish, 2Bing. 228(251) Court of Common Pleas, England (1824)] Judge Burrough stated that public policy is “unruly horse and once you get astride to it, you do not know where it will carry you.” This judge has sufficient reason for saying public policy is unruly horse: case law and scholars have tried to define public policy; but none succeeded in giving a concise, precise, and short definition. Its concept remains controversial. In English case law from 1853 [Egerton…
INTRODUCTION Preamble of the United Nations (UN) Charter requires member states and the people of the UN “to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small”. In order to achieve this goal of the charter and secure universal recognition and implementation of human rights to their citizens’ member states of the United Nations entered into seven major human rights treaties. The seven core international…