Recent Blog Posts - Blog - Page 40

Ethiopian Share Company Law in Light of OECD Principles of Corporate Governance

This article critically analyzes the share company law provisions of the Ethiopian Commercial Code in light of the OECD (Organization for Economic Cooperation and Development) Principles of Corporate Governance. For convenience, it organizes and analyzes the share company law provisions corresponding with the structures of OECD Principles. The article identifies and demonstrates the loopholes and drawbacks of the share company law provisions that should be revisited and updated in light of the relevant OECD Principles of corporate governance. 

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Civil Society under the Growth and Transformation Plan (GTP)

The GTP has recognized the contributions of the Ethiopian civil society sector to date and provided for their role in the development planning period covered by the document. Generally, such recognition relates to resource mobilization, implementation of social sector programmes, capacity building and good governance, and cross-cutting sectors (especially women’s and children’s affairs, youth development and social welfare).

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Software Patents: Justifications and Arguments

As one part of the subject matter of Intellectual Property Law (hereinafter IP), patent is mostly referred as “hard IP” as opposed to “soft IP” which is used to refer copyright, trademark, trade secret and other form of protection. Patent law maintains the lion’s share in the discussion of the subject matter of IP.

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Legislative proposals and application of human right treaties in Ethiopia

Adding new laws to a country’s statutes often modifies existing laws. Consequently, analyzing legislative proposals that impact rights and privileges under established laws is a crucial aspect of legislative drafting. Analysts should be familiar with the current legal framework or know where to locate it. Among these laws are human rights treaties ratified by the country, incorporated into domestic law either through "legislative" or "automatic" incorporation. These two approaches are traditionally known as "dualistic" and "monistic" methods. Regardless of a country’s system, ensuring compliance with human rights treaties requires careful analysis to confirm that draft laws align with the principles set out in these treaties.

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Mediating Criminal Matters in Ethiopian Criminal Justice System: The prospect of Restorative Justice

In Ethiopia, the use of mediation process as a traditional method of dispute resolution has been practiced for centuries. Even today in rural areas, particularly criminal dispute resolution processes dealing with victims and criminal offenders are widely practiced and deep rooted with varying degrees among the different ethnic groups in the country. For instance, the use of mediation process through Jaarsaa Biyya or Jaarsaa Araara among the Oromo and the other ethnic groups has been used. However, despite the potential applicability of these institutions as an Alternative criminal Dispute Resolution process in the local community, it has not yet attained any significant position of usage and acceptance in the formal criminal justice system. In other words, despite its wide practice and importance in resolving criminal disputes, Ethiopian formal criminal justice system failed to integrate mediation process as an alternative criminal dispute resolution process. 

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Examining the Current Demands of Ethiopian Muslims in light of the Constitutional Provisions

Over the past year we have witnessed a lot of political turmoil in the Arab world and the rest of Africa. Particularly, in Maghreb Region including Tunisia, Egypt and Libya, there are unprecedented changes that swept the North Africa States in a very short time. Now in these countries, there is a shift from, at least, one man rule to rule by some people. Although situations seem to be better than ever, nobody still certainly knows where the revolution ends up and how far the positive changes could sustain. This uncertainty is created by, among other things, the coming of allegedly extremist religious political parties, specifically in Egypt, into power.

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Big China: rising threat, rising peace?

Hegemonic Stability theorists such as Robert Gilpin (cited in Friedberg, P.1) note that rapid changes are dangerous. Periods of accelerated economic and technological development typically result in dramatic shifts in the international distribution of military power, and these can raise the risks of misperception, mutual fears, miscalculation and confrontation.

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Chinese in Ethiopia: Localization

Are Chinese aid, trade and investment considering regional and local political, economical and social situations? Or they are simply doing business in all areas in a similar fashion without considering varying local differences? Are they easily adaptive to existing environments? How about their life with he community they live? How about their aid to Africa – Ethiopia? Any conditions attached to their loans and aid?

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Corruption for growth and development

Yes it is conventional wisdom of corruption that the latter may be reduced with the expansion of rule based and more market oriented institutions. It is also widely accepted that the role of corruption, in part, has been contributive to economic growth in East Asia. Are these compatible? By way of explaining the role of corruption for distinctive economic accomplishment for a short period in East Asia; I will develop the essay showing that it is due to other factors/reasons and not because the East Asian states lacked the aforementioned institutions and rules to tackle corruption that it was widespread but, fortunately and unexpectedly (unintentionally – D. Kang, said it!), was to their economic growth.

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Do institutions really matter?

This essay attempts to address the undue focus on the lessened role of institutions on security issues while ignoring their (institutions) achievements in many other issue-areas to let them be conceived as weak instruments of international relations.Thomson and Snidal (1999), in their article International Organization have cited a lot of authorities witnessing that the application of institution has been expanded to a wide variety of issue-areas, including international security, trade, finance, telecommunications, and the environment. International legal scholars have also increasingly used institutions to understand better issues such as international trade laws, arms control agreements, and the law of treaties.

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