Bereket Alemayehu | Addis Ababa University (original) (raw)

Papers by Bereket Alemayehu

Research paper thumbnail of Reflections on the Draft Ethiopian Trade Policy

Africa at LSE, 2023

The Government of Ethiopia recently released its Draft Trade Policy. The 46-page document is inte... more The Government of Ethiopia recently released its Draft Trade Policy. The 46-page document is intended to serve as a guideline for the government when negotiating and implementing bilateral, regional, and multilateral trade agreements and when adopting domestic policies to facilitate and regulate trade.
For years, Ethiopia has lacked a single comprehensive trade policy document. Instead, it had a raft of general economic plans and policies to fill the gap, notably the previous Growth and Transformation Plan I, Plan II. and the current Ten Years Development Plan. These documents focused on increasing Ethiopia’s market access, competitiveness, and strengthening its economic relations with other countries.
What makes the Draft Policy different from the other policy documents is its focus on outlining Ethiopia’s trade strategy. Such a document should have been adopted before Ethiopia applied to join the World Trade Organization (WTO) in 2003 and before joining the African Continental Free Trade Area (AfCFTA) in 2019. But, as they say, better late than never.

Research paper thumbnail of The African Continental Free Trade Area: The road ahead for the continent's bold integration project

Journal of International Trade Law and Policy, 2023

Purpose-The paper examines the road ahead for the African Continental Free Trade Area (AfCFTA), f... more Purpose-The paper examines the road ahead for the African Continental Free Trade Area (AfCFTA), focusing on its potential opportunities and challenges. It is intended to help the AfCFTA's effective implementation by highlighting the major areas of intervention for State Parties. Approach-The paper analyses relevant economic, political and legal research sources on regional integration in Africa and offers some personal views of the author to evaluate the past, present and future of the AfCFTA. Findings-The paper shows that the AfCFTA can support its State Parties' industrialization and diversification, better integrate Micro-, Small and Medium-sized Enterprises (MSMEs) to regional value chains, create jobs, encourage sustainable investments, and help its State Parties have common positions on global issues and achieve development. But, it also shows the challenges facing the AfCFTA, which include infrastructure gap, revenue and job losses, overlapping membership of State Parties in Regional Economic Communities (RECs), cumbersome customs systems, difficulty to cross African borders, fledgling MSMEs and inadequate technical capacity on trade policy. Accordingly, it recommends that State Parties continuously take various actions to address these challenges and maximize the multiple benefits of the AfCFTA. Originality/value-The paper provides a comprehensive and up-to-date appraisal of the opportunities and challenges of the AfCFTA, both in the context of the history of regional integration in Africa and the recent global shocks that adversely impacted the continent (Covid-19 and the war in Ukraine).

Research paper thumbnail of Legal Aspects of Corporate Social Responsibility in Ethiopia: A Sustainable Development Perspective

The Journal of Sustainable Development Law and Policy, 2022

For many years, corporate social responsibility (CSR) has been shaping policies and actions on th... more For many years, corporate social responsibility (CSR) has been shaping policies and actions on the role of businesses in society. This article explains the legal aspects of CSR from the perspective of sustainable development under Ethiopian law, based on the recognition of the crucial role of businesses in achieving sustainable development in the UN 2030 Agenda. By exploring and examining the major Ethiopian laws that govern businesses, it shows that the laws have incorporated diverse rules on CSR and have sustainable development as their objective. It also expounds how CSR, as incorporated in the laws, can be a key instrument to achieve sustainable development in Ethiopia, including through conducting proper governmental supervision of the conduct of businesses and encouraging the adoption and use of voluntary CSR codes of conduct by businesses to complement the CSR laws.

Research paper thumbnail of Digital Trade in the African Continental Free Trade Agreement Exploring its promises and challenges

Afronomicslaw, 2022

The global advancement in information and communications technology (ICT) has impacted virtually ... more The global advancement in information and communications technology (ICT) has impacted virtually every aspect of the lives of billions of people in the world, without losing sight of the stark variations on access to digital goods and services across and within continents and countries. Trade, be it cross-border or domestic, is no exception. There are many forms of trade in goods or services that can be fully or partly carried out through different ICT-based mechanisms, which previously were provided only through offline ways of trading. Digitalization also affects trade in many other ways. This is why the agenda of trade and digitalization has gained attention in various trade policy forums, including the African Continental Free Trade Area (AfCFTA) and the World Trade Organization.

Research paper thumbnail of Major features of Ethiopia’s new investment law: an appraisal of their policy implications

Transnational corporations, Apr 29, 2022

The author is grateful for the valuable comments that the editors and anonymous reviewers provide... more The author is grateful for the valuable comments that the editors and anonymous reviewers provided on earlier versions of this paper. The views contained in the paper are those of the author and do not represent any institution he is affiliated with. The term "the investment law" or "the law" is used in this paper to collectively refer to Ethiopia's Investment Proclamation No. 1180/2020 and Investment Regulation No. 474/2020. These two pieces of legislation, albeit issued separately, are part of a unified legal framework on investment. The Proclamation is the primary law on investment adopted by the Ethiopian Parliament (the House of Peoples' Representatives), and the Regulation, adopted by the federal executive body (the Council of Ministers), details and helps implement the provisions of the Proclamation. But, where it is necessary to specifically mention the Proclamation or the Regulation, the word "Proclamation" or "Regulation" is used in the paper.

Research paper thumbnail of Foreign Direct Investment vis-à-vis Labour Law in Ethiopia: Is Race-to-the-Bottom an Existing, Impending or Illusory Menace?

ETHIOPIAN CIVIL AND COMMERCIAL LAW SERIES (VOLUME -IX): Labour Relations Law in Ethiopia , 2019

In line with the global trend, Ethiopia has been involved in the competition with other countries... more In line with the global trend, Ethiopia has been involved in the competition with other countries to attract and retain foreign direct investment (FDI). For this purpose, the Ethiopian government has been taking various measures, which include providing different incentives to foreign investors. This article finds some evidence, focusing on foreign investments in the Ethiopian industrial parks, that the government has been engaged in a race-to-the-bottom with respect to labour standards, a phenomenon that harms the rights and interests of workers. Thus, the problem of race-to-the-bottom on labour standards exists in Ethiopia. The race-to-the-bottom has been manifested through the government’s reluctance to enforce the labour standards provided in the Ethiopian labour law (particularly the core labour standards) in order not to “discourage” foreign investors. Since such approach to promoting foreign investment is contrary to the grand goal of sustainable development, the article provides some thoughts on how the Ethiopian government can balance its interests of promoting foreign investment with the protection of the rights of workers. These include promoting FDI through fiscal and financial incentives instead of the reluctance to enforce labour standards, while ensuring that foreign investors comply with the labour law so as to protect the rights of workers.

Research paper thumbnail of The Significance of the Eccentricity of the Draft Pan-African Investment Code

AfronomicsLaw, 2020

The Draft Pan-African Investment Code (PAIC) is also a part of the effort to shape the extant int... more The Draft Pan-African Investment Code (PAIC) is also a part of the effort to shape the extant international investment law in the African context. The PAIC is a non-binding instrument that is intended to serve as a guiding instrument for the Member States of the African Union and investors in Africa. Yet, it must be noted that the PAIC allows the Member States to agree to make it binding to supplant the existing intra-African BITs or investment chapters of intra-African trade agreements. It was prepared under the auspices of the African Union Commission, but it has not yet been officially adopted. The objective of the PAIC is to “promote, facilitate and protect investments that foster the sustainable development of each Member State, and in particular, the Member State where the investment is located.” Therefore, at the heart of the PAIC is the achievement of sustainable development through investments.

Research paper thumbnail of Quality of Foreign Investment Matters

Addis Fortune, 2019

One of the notable features of this globalised world is the proliferation of foreign investment. ... more One of the notable features of this globalised world is the proliferation of foreign investment. Foreign investment, both direct and portfolio, has long found its way into the economies of developing and developed countries, albeit predominantly carried out among developed countries. The expansion of foreign investment can be justified for several reasons.
Among these explanations is the role international financial institutions (the World Bank and the International Monetary Fund) play in guiding, supporting and compelling developing countries to adopt and implement policies and regulations that promote foreign investment, including using such measures as loan conditionality.
Thus, states have been taking several investment-friendly policy measures, principally over the last forty years. Ethiopia is no exception.
Following its farewell to socialism in 1991, Ethiopia has been undertaking various economic reforms that aim at scaling up the role of the private sector in the economy. The Ethiopian government has been privatising the majority of the enterprises it wholly-owns. This reveals the government’s policy direction toward building a private sector-dominated economy. Other measures have also been taken for liberalising the economy and improving the investment climate, such as periodically revising the investment laws and providing numerous incentives to investors.

Research paper thumbnail of የኢትዮጵያ ሸማቾች መብትና አተገባበሩ - Ethiopian Consumers' Rights and their Implementation.pdf

ሪፖርተር - አማርኛ, 2018

ሸማቾች በአንድ የኢኮኖሚ ሥርዓት ካሉ የተለያዩ ተዋናዮች ውስጥ የሚመደቡ ናቸው፡፡ የኢኮኖሚ ባለሙያዎች ‹‹ፍላጎት›› (Demand) በማለት የሚገልጹትን ሐ... more ሸማቾች በአንድ የኢኮኖሚ ሥርዓት ካሉ የተለያዩ ተዋናዮች ውስጥ የሚመደቡ ናቸው፡፡ የኢኮኖሚ ባለሙያዎች ‹‹ፍላጎት›› (Demand) በማለት የሚገልጹትን ሐሳብ ከሚወክሉት ውስጥም ይመደባሉ፡፡ ይህም ማለት ሸማቾች በንግድ ድርጅቶችም ሆነ ግለሰቦች ወደ ገበያ የሚቀርቡትን የተለያዩ ዕቃዎችና አግልግሎቶች የሚገዙ ናቸው፡፡ እዚህ ላይ ሊሰመርበት የሚገባው ነጥብ ግን ሁሉም ገዥዎች ለሸማች ጥበቃ ሕግ ዓላማ ሸማቾች አለመሆናቸውን ነው፡፡

Research paper thumbnail of How can tax law stimulate economic growth and finance development

Research paper thumbnail of Is ADR a knell for litigation in Africa or a partner, and how far has it gone so far

Disputes are the order of the day in multifaceted human interactions. Needless to say, Africa is ... more Disputes are the order of the day in multifaceted human interactions. Needless to say, Africa is no exception in this regard. It has been experiencing a variety of conflicts throughout its intricate history. To handle these disputes, many African countries have previously put into use customary methods. At present, these methods are dominantly supplanted by litigation. However, alternative dispute resolution(ADR) mechanisms are also, to some extent, applied by African countries.
The purpose of this article is, therefore, to appraise whether ADR is a knell or partner for adjudication in Africa, and to measure the extent of its use. To do this, the remaining part of this article is divided into four sections. In the first section, we define ADR and litigation, and describe their main features. In the next section, we look back and deal with African customary dispute resolution methods, which share many similarities with ADR. In the third section, we hope to address the interrogatory title of the article. As such, it is observed that ADR is highly underutilised in Africa and, therefore, it has not yet become a knell for litigation. On the contrary, we show that there are some experiences that demonstrate that ADR has been a partner to adjudication on the continent. Finally, we provide some concluding remarks and recommendations.

Research paper thumbnail of Reflections on the Draft Ethiopian Trade Policy

Africa at LSE, 2023

The Government of Ethiopia recently released its Draft Trade Policy. The 46-page document is inte... more The Government of Ethiopia recently released its Draft Trade Policy. The 46-page document is intended to serve as a guideline for the government when negotiating and implementing bilateral, regional, and multilateral trade agreements and when adopting domestic policies to facilitate and regulate trade.
For years, Ethiopia has lacked a single comprehensive trade policy document. Instead, it had a raft of general economic plans and policies to fill the gap, notably the previous Growth and Transformation Plan I, Plan II. and the current Ten Years Development Plan. These documents focused on increasing Ethiopia’s market access, competitiveness, and strengthening its economic relations with other countries.
What makes the Draft Policy different from the other policy documents is its focus on outlining Ethiopia’s trade strategy. Such a document should have been adopted before Ethiopia applied to join the World Trade Organization (WTO) in 2003 and before joining the African Continental Free Trade Area (AfCFTA) in 2019. But, as they say, better late than never.

Research paper thumbnail of The African Continental Free Trade Area: The road ahead for the continent's bold integration project

Journal of International Trade Law and Policy, 2023

Purpose-The paper examines the road ahead for the African Continental Free Trade Area (AfCFTA), f... more Purpose-The paper examines the road ahead for the African Continental Free Trade Area (AfCFTA), focusing on its potential opportunities and challenges. It is intended to help the AfCFTA's effective implementation by highlighting the major areas of intervention for State Parties. Approach-The paper analyses relevant economic, political and legal research sources on regional integration in Africa and offers some personal views of the author to evaluate the past, present and future of the AfCFTA. Findings-The paper shows that the AfCFTA can support its State Parties' industrialization and diversification, better integrate Micro-, Small and Medium-sized Enterprises (MSMEs) to regional value chains, create jobs, encourage sustainable investments, and help its State Parties have common positions on global issues and achieve development. But, it also shows the challenges facing the AfCFTA, which include infrastructure gap, revenue and job losses, overlapping membership of State Parties in Regional Economic Communities (RECs), cumbersome customs systems, difficulty to cross African borders, fledgling MSMEs and inadequate technical capacity on trade policy. Accordingly, it recommends that State Parties continuously take various actions to address these challenges and maximize the multiple benefits of the AfCFTA. Originality/value-The paper provides a comprehensive and up-to-date appraisal of the opportunities and challenges of the AfCFTA, both in the context of the history of regional integration in Africa and the recent global shocks that adversely impacted the continent (Covid-19 and the war in Ukraine).

Research paper thumbnail of Legal Aspects of Corporate Social Responsibility in Ethiopia: A Sustainable Development Perspective

The Journal of Sustainable Development Law and Policy, 2022

For many years, corporate social responsibility (CSR) has been shaping policies and actions on th... more For many years, corporate social responsibility (CSR) has been shaping policies and actions on the role of businesses in society. This article explains the legal aspects of CSR from the perspective of sustainable development under Ethiopian law, based on the recognition of the crucial role of businesses in achieving sustainable development in the UN 2030 Agenda. By exploring and examining the major Ethiopian laws that govern businesses, it shows that the laws have incorporated diverse rules on CSR and have sustainable development as their objective. It also expounds how CSR, as incorporated in the laws, can be a key instrument to achieve sustainable development in Ethiopia, including through conducting proper governmental supervision of the conduct of businesses and encouraging the adoption and use of voluntary CSR codes of conduct by businesses to complement the CSR laws.

Research paper thumbnail of Digital Trade in the African Continental Free Trade Agreement Exploring its promises and challenges

Afronomicslaw, 2022

The global advancement in information and communications technology (ICT) has impacted virtually ... more The global advancement in information and communications technology (ICT) has impacted virtually every aspect of the lives of billions of people in the world, without losing sight of the stark variations on access to digital goods and services across and within continents and countries. Trade, be it cross-border or domestic, is no exception. There are many forms of trade in goods or services that can be fully or partly carried out through different ICT-based mechanisms, which previously were provided only through offline ways of trading. Digitalization also affects trade in many other ways. This is why the agenda of trade and digitalization has gained attention in various trade policy forums, including the African Continental Free Trade Area (AfCFTA) and the World Trade Organization.

Research paper thumbnail of Major features of Ethiopia’s new investment law: an appraisal of their policy implications

Transnational corporations, Apr 29, 2022

The author is grateful for the valuable comments that the editors and anonymous reviewers provide... more The author is grateful for the valuable comments that the editors and anonymous reviewers provided on earlier versions of this paper. The views contained in the paper are those of the author and do not represent any institution he is affiliated with. The term "the investment law" or "the law" is used in this paper to collectively refer to Ethiopia's Investment Proclamation No. 1180/2020 and Investment Regulation No. 474/2020. These two pieces of legislation, albeit issued separately, are part of a unified legal framework on investment. The Proclamation is the primary law on investment adopted by the Ethiopian Parliament (the House of Peoples' Representatives), and the Regulation, adopted by the federal executive body (the Council of Ministers), details and helps implement the provisions of the Proclamation. But, where it is necessary to specifically mention the Proclamation or the Regulation, the word "Proclamation" or "Regulation" is used in the paper.

Research paper thumbnail of Foreign Direct Investment vis-à-vis Labour Law in Ethiopia: Is Race-to-the-Bottom an Existing, Impending or Illusory Menace?

ETHIOPIAN CIVIL AND COMMERCIAL LAW SERIES (VOLUME -IX): Labour Relations Law in Ethiopia , 2019

In line with the global trend, Ethiopia has been involved in the competition with other countries... more In line with the global trend, Ethiopia has been involved in the competition with other countries to attract and retain foreign direct investment (FDI). For this purpose, the Ethiopian government has been taking various measures, which include providing different incentives to foreign investors. This article finds some evidence, focusing on foreign investments in the Ethiopian industrial parks, that the government has been engaged in a race-to-the-bottom with respect to labour standards, a phenomenon that harms the rights and interests of workers. Thus, the problem of race-to-the-bottom on labour standards exists in Ethiopia. The race-to-the-bottom has been manifested through the government’s reluctance to enforce the labour standards provided in the Ethiopian labour law (particularly the core labour standards) in order not to “discourage” foreign investors. Since such approach to promoting foreign investment is contrary to the grand goal of sustainable development, the article provides some thoughts on how the Ethiopian government can balance its interests of promoting foreign investment with the protection of the rights of workers. These include promoting FDI through fiscal and financial incentives instead of the reluctance to enforce labour standards, while ensuring that foreign investors comply with the labour law so as to protect the rights of workers.

Research paper thumbnail of The Significance of the Eccentricity of the Draft Pan-African Investment Code

AfronomicsLaw, 2020

The Draft Pan-African Investment Code (PAIC) is also a part of the effort to shape the extant int... more The Draft Pan-African Investment Code (PAIC) is also a part of the effort to shape the extant international investment law in the African context. The PAIC is a non-binding instrument that is intended to serve as a guiding instrument for the Member States of the African Union and investors in Africa. Yet, it must be noted that the PAIC allows the Member States to agree to make it binding to supplant the existing intra-African BITs or investment chapters of intra-African trade agreements. It was prepared under the auspices of the African Union Commission, but it has not yet been officially adopted. The objective of the PAIC is to “promote, facilitate and protect investments that foster the sustainable development of each Member State, and in particular, the Member State where the investment is located.” Therefore, at the heart of the PAIC is the achievement of sustainable development through investments.

Research paper thumbnail of Quality of Foreign Investment Matters

Addis Fortune, 2019

One of the notable features of this globalised world is the proliferation of foreign investment. ... more One of the notable features of this globalised world is the proliferation of foreign investment. Foreign investment, both direct and portfolio, has long found its way into the economies of developing and developed countries, albeit predominantly carried out among developed countries. The expansion of foreign investment can be justified for several reasons.
Among these explanations is the role international financial institutions (the World Bank and the International Monetary Fund) play in guiding, supporting and compelling developing countries to adopt and implement policies and regulations that promote foreign investment, including using such measures as loan conditionality.
Thus, states have been taking several investment-friendly policy measures, principally over the last forty years. Ethiopia is no exception.
Following its farewell to socialism in 1991, Ethiopia has been undertaking various economic reforms that aim at scaling up the role of the private sector in the economy. The Ethiopian government has been privatising the majority of the enterprises it wholly-owns. This reveals the government’s policy direction toward building a private sector-dominated economy. Other measures have also been taken for liberalising the economy and improving the investment climate, such as periodically revising the investment laws and providing numerous incentives to investors.

Research paper thumbnail of የኢትዮጵያ ሸማቾች መብትና አተገባበሩ - Ethiopian Consumers' Rights and their Implementation.pdf

ሪፖርተር - አማርኛ, 2018

ሸማቾች በአንድ የኢኮኖሚ ሥርዓት ካሉ የተለያዩ ተዋናዮች ውስጥ የሚመደቡ ናቸው፡፡ የኢኮኖሚ ባለሙያዎች ‹‹ፍላጎት›› (Demand) በማለት የሚገልጹትን ሐ... more ሸማቾች በአንድ የኢኮኖሚ ሥርዓት ካሉ የተለያዩ ተዋናዮች ውስጥ የሚመደቡ ናቸው፡፡ የኢኮኖሚ ባለሙያዎች ‹‹ፍላጎት›› (Demand) በማለት የሚገልጹትን ሐሳብ ከሚወክሉት ውስጥም ይመደባሉ፡፡ ይህም ማለት ሸማቾች በንግድ ድርጅቶችም ሆነ ግለሰቦች ወደ ገበያ የሚቀርቡትን የተለያዩ ዕቃዎችና አግልግሎቶች የሚገዙ ናቸው፡፡ እዚህ ላይ ሊሰመርበት የሚገባው ነጥብ ግን ሁሉም ገዥዎች ለሸማች ጥበቃ ሕግ ዓላማ ሸማቾች አለመሆናቸውን ነው፡፡

Research paper thumbnail of How can tax law stimulate economic growth and finance development

Research paper thumbnail of Is ADR a knell for litigation in Africa or a partner, and how far has it gone so far

Disputes are the order of the day in multifaceted human interactions. Needless to say, Africa is ... more Disputes are the order of the day in multifaceted human interactions. Needless to say, Africa is no exception in this regard. It has been experiencing a variety of conflicts throughout its intricate history. To handle these disputes, many African countries have previously put into use customary methods. At present, these methods are dominantly supplanted by litigation. However, alternative dispute resolution(ADR) mechanisms are also, to some extent, applied by African countries.
The purpose of this article is, therefore, to appraise whether ADR is a knell or partner for adjudication in Africa, and to measure the extent of its use. To do this, the remaining part of this article is divided into four sections. In the first section, we define ADR and litigation, and describe their main features. In the next section, we look back and deal with African customary dispute resolution methods, which share many similarities with ADR. In the third section, we hope to address the interrogatory title of the article. As such, it is observed that ADR is highly underutilised in Africa and, therefore, it has not yet become a knell for litigation. On the contrary, we show that there are some experiences that demonstrate that ADR has been a partner to adjudication on the continent. Finally, we provide some concluding remarks and recommendations.