Melaku K E B E D E Mamo (original) (raw)

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Papers by Melaku K E B E D E Mamo

BIT, 2019

The world trend shows that investment becomes the engine of economic development in every country... more The world trend shows that investment becomes the engine of economic development in every country whether developed or developing. This engine of an economy needs to be regulated properly so as to encourage the expansion of an investment and safeguard the sovereignty of the concerned countries. There are various legal frameworks governing the international investment. These can be classified as substantive and procedural aspects regulating the concerned rights and duties of the states and investors. BIT is the substantive legal regime governing the substantive rights and duties of the contracting parties. Principally every BIT is expected to incorporate fundamental standards of protection of the investment including the dispute settlement mechanism. However, these major contents of a BIT vary from legal system to legal system owing to various reasons. Some countries have a model BIT which serves as a guide line for every Investment agreement they are going to conclude with any other country. On the other hand, there are some countries that do not have a model BIT and accordingly the contents and structure of their BIT vary from BIT to BIT in the same country.
Ethiopia is one of such countries who do not have a uniform or Model BIT. Lack of model BIT leads the country to come up with inconsistent legal frameworks governing the same subject matter (investment and the investor). Thus, in order to alleviate the current problems in the Ethiopian BITs, the country need to have the model BIT capable of addressing the currently inherent problems such as inconsistency among the BITs themselves and between the BITs and other domestic laws of the country regulating the same subject matter. It is better for the upcoming model BIT to take into consideration core points such as the incorporation of clear definition to terms such as investment, investor, nationality, etc, the standard of protections need to be incorporated in a clear and independent provisions, the requirement of exhaustion of local remedies need to be incorporated, provision creating obligation against corruption need to be included, and other requirements such as disclosure, publication of information, security issues, tax related issues, etc need to be incorporated.
Key Words: investment, BIT, investor, Ethiopia, standard of protection,

BIT, 2019

The world trend shows that investment becomes the engine of economic development in every country... more The world trend shows that investment becomes the engine of economic development in every country whether developed or developing. This engine of an economy needs to be regulated properly so as to encourage the expansion of investment and safeguard the sovereignty of the concerned countries. There are various legal frameworks governing international investment. These can be classified as substantive and procedural aspects regulating the concerned rights and duties of the states and investors. BIT is the substantive legal regime governing the substantive rights and duties of the contracting parties. Principally every BIT is expected to incorporate fundamental standards of protection of the investment including the dispute settlement mechanism. However, these major contents of a BIT vary from the legal system to legal system owing to various reasons. Some countries have a model BIT which serves as a guideline for every Investment agreement they are going to conclude with any other country. On the other hand, there are some countries that do not have a model BIT and accordingly the contents and structure of their BIT vary from BIT to BIT in the same country.
Ethiopia is one of such countries who do not have a uniform or Model BIT. Lack of model BIT leads the country to come up with inconsistent legal frameworks governing the same subject matter (investment and the investor). Thus, in order to alleviate the current problems in the Ethiopian BITs, the country needs to have the model BIT capable of addressing the currently inherent problems such as inconsistency among the BITs themselves and between the BITs and other domestic laws of the country regulating the same subject matter. It is better for the upcoming model BIT to take into consideration core points such as the incorporation of clear definition to terms such as investment, investor, nationality, etc, the standard of protections need to be incorporated in a clear and independent provisions, the requirement of exhaustion of local remedies need to be incorporated, provision creating obligation against corruption need to be included, and other requirements such as disclosure, publication of information, security issues, tax-related issues, etc need to be incorporated.
Key Words: investment, BIT, investor, Ethiopia, the standard of protection,

Drafts by Melaku K E B E D E Mamo

BIT, 2019

The world trend shows that investment becomes the engine of economic development in every country... more The world trend shows that investment becomes the engine of economic development in every country whether developed or developing. This engine of an economy needs to be regulated properly so as to encourage the expansion of an investment and safeguard the sovereignty of the concerned countries. There are various legal frameworks governing the international investment. These can be classified as substantive and procedural aspects regulating the concerned rights and duties of the states and investors. BIT is the substantive legal regime governing the substantive rights and duties of the contracting parties. Principally every BIT is expected to incorporate fundamental standards of protection of the investment including the dispute settlement mechanism. However, these major contents of a BIT vary from legal system to legal system owing to various reasons. Some countries have a model BIT which serves as a guide line for every Investment agreement they are going to conclude with any other country. On the other hand, there are some countries that do not have a model BIT and accordingly the contents and structure of their BIT vary from BIT to BIT in the same country.
Ethiopia is one of such countries who do not have a uniform or Model BIT. Lack of model BIT leads the country to come up with inconsistent legal frameworks governing the same subject matter (investment and the investor). Thus, in order to alleviate the current problems in the Ethiopian BITs, the country need to have the model BIT capable of addressing the currently inherent problems such as inconsistency among the BITs themselves and between the BITs and other domestic laws of the country regulating the same subject matter. It is better for the upcoming model BIT to take into consideration core points such as the incorporation of clear definition to terms such as investment, investor, nationality, etc, the standard of protections need to be incorporated in a clear and independent provisions, the requirement of exhaustion of local remedies need to be incorporated, provision creating obligation against corruption need to be included, and other requirements such as disclosure, publication of information, security issues, tax-related issues, etc need to be incorporated.
Key Words: investment, BIT, investor, Ethiopia, standard of protection,

BIT, 2019

The world trend shows that investment becomes the engine of economic development in every country... more The world trend shows that investment becomes the engine of economic development in every country whether developed or developing. This engine of an economy needs to be regulated properly so as to encourage the expansion of investment and safeguard the sovereignty of the concerned countries. There are various legal frameworks governing international investment. These can be classified as substantive and procedural aspects regulating the concerned rights and duties of the states and investors. BIT is the substantive legal regime governing the substantive rights and duties of the contracting parties. Principally every BIT is expected to incorporate fundamental standards of protection of the investment including the dispute settlement mechanism. However, these major contents of a BIT vary from the legal system to legal system owing to various reasons. Some countries have a model BIT which serves as a guideline for every Investment agreement they are going to conclude with any other country. On the other hand, there are some countries that do not have a model BIT and accordingly the contents and structure of their BIT vary from BIT to BIT in the same country.
Ethiopia is one of such countries who do not have a uniform or Model BIT. Lack of model BIT leads the country to come up with inconsistent legal frameworks governing the same subject matter (investment and the investor). Thus, in order to alleviate the current problems in the Ethiopian BITs, the country needs to have the model BIT capable of addressing the currently inherent problems such as inconsistency among the BITs themselves and between the BITs and other domestic laws of the country regulating the same subject matter. It is better for the upcoming model BIT to take into consideration core points such as the incorporation of clear definition to terms such as investment, investor, nationality, etc, the standard of protections need to be incorporated in a clear and independent provisions, the requirement of exhaustion of local remedies need to be incorporated, provision creating obligation against corruption need to be included, and other requirements such as disclosure, publication of information, security issues, tax-related issues, etc need to be incorporated.
Key Words: investment, BIT, investor, Ethiopia, the standard of protection,

BIT, 2019

The world trend shows that investment becomes the engine of economic development in every country... more The world trend shows that investment becomes the engine of economic development in every country whether developed or developing. This engine of an economy needs to be regulated properly so as to encourage the expansion of an investment and safeguard the sovereignty of the concerned countries. There are various legal frameworks governing the international investment. These can be classified as substantive and procedural aspects regulating the concerned rights and duties of the states and investors. BIT is the substantive legal regime governing the substantive rights and duties of the contracting parties. Principally every BIT is expected to incorporate fundamental standards of protection of the investment including the dispute settlement mechanism. However, these major contents of a BIT vary from legal system to legal system owing to various reasons. Some countries have a model BIT which serves as a guide line for every Investment agreement they are going to conclude with any other country. On the other hand, there are some countries that do not have a model BIT and accordingly the contents and structure of their BIT vary from BIT to BIT in the same country.
Ethiopia is one of such countries who do not have a uniform or Model BIT. Lack of model BIT leads the country to come up with inconsistent legal frameworks governing the same subject matter (investment and the investor). Thus, in order to alleviate the current problems in the Ethiopian BITs, the country need to have the model BIT capable of addressing the currently inherent problems such as inconsistency among the BITs themselves and between the BITs and other domestic laws of the country regulating the same subject matter. It is better for the upcoming model BIT to take into consideration core points such as the incorporation of clear definition to terms such as investment, investor, nationality, etc, the standard of protections need to be incorporated in a clear and independent provisions, the requirement of exhaustion of local remedies need to be incorporated, provision creating obligation against corruption need to be included, and other requirements such as disclosure, publication of information, security issues, tax-related issues, etc need to be incorporated.
Key Words: investment, BIT, investor, Ethiopia, standard of protection,