Ethiopian Constitutional and Public Law Series, Vol.XI (2020) (original) (raw)
Related papers
An Outline for the Study of Ethiopian Constitutional Law
International Journal of Legal Information, 2015
This outline is prepared based on the 1995 Constitution of the Federal Democratic Republic of Ethiopia (“The 1995 Constitution”). It is important to acknowledge at the outset that the 1995 Constitution cannot be studied in isolation. Like its forerunners, it is not distinctively Ethiopian, save for the customary and religious laws that it recognized. Ethiopian constitutions, both past and present, have been derived, in part, from foreign constitutions including constitutions from western and eastern countries, including Japan. Although its immediate sources can be traced back to the Charter of the Transitional Government of 1991, this 1995 Constitution was built upon the constitutions that preceded it, the laws that have been promulgated since the 1930s, and the religious and customary laws that predated it.
Thesis, 2016
Nigeria is in a continuous quest to attract foreign direct investment (FDI) in order to support and sustain decent economic growth. These foreign investors being invited are as much interested in the methods available for dispute resolution as they are in every available guarantee on their investments. This dissertation appraises the recognition and enforcement of the International Centre for the Settlement of Investment Disputes (ICSID) Arbitral Awards in Nigeria. The dissertation has the ultimate aim of proposing ways through which Nigeria can re-affirm its commitment to ICSID, as well as foreign investors. The research adopts doctrinal methodology depending on both local and foreign literature on ICSID jurisprudence. The importance of recognition and enforcement comes from the fact that arbitration is considered to be of no value if its award is not enforceable. Bearing this in mind, the work argues that the more recognition and enforcement of arbitral awards are observed with minimal procedural delay, the more the confidence of parties‘ increases. The dissertation examines the Centre from inception, to Nigeria‘s accession to the ICSID Convention, and the extent of commitment demonstrated so far. The research observed that arbitration under the ICSID is bedevilled by certain controversies resulting from conflicts of interest between the developed and the developing states as evidenced by the denunciation of the ICSID Convention by Bolivia, Ecuador and Venezuela. The analysis revealed the little consequences this has on the commitments of other states to the Convention. Disregarding these issues may be ultimately fatal to the future of the Centre and the commitment of other members, particularly from developing countries. Therefore, the need to embark on specific structural, procedural and functional reforms to give the developing nations more roles to play in running the centre is in emphasis. The dissertation revealed that the review mechanism of the Centre is inadequate, as annulment does not amount to appeal, thereby making it impossible to correct functional errors made by the tribunals. Leading to discontent and leaving the aggrieved parties with limited options; in the end lead to denunciation. Hence, there is the need to develop a system of appeal in order for parties to have recourse to a review mechanism in the light of the inconsistent decisions rendered by ICSID Tribunal. As the work further examines, arbitration under the ICSID is very expensive and complex. Parties are burdened with tribunal costs, professional and counsel fees, transportation, and so many other unforeseen costs. This is why the ICSID Schedule of Fees has to be reviewed to make tribunal charges proportionate to the amount involved in the claim. ICSID tribunals can also take advantage of the virtual world in the filing of cases and exchange of pleadings. The work also bears a fundamental problem, that is, the inability of Nigeria to make rules of enforcement as prescribed by section 2 of ICSID (Enforcement of Awards) in order to give effect to the provisions of the Act. Nigeria must re-affirm its commitment to ICSID and the international investor community, Nigeria must, therefore, endeavour to make rules for the enforcement of ICSID award pursuant to section 2 of ICSID (Enforcement of Awards) Act
East Africa Law Society Human Rights & Rule of Law Journal
The East Africa Law Society Human Rights and Rule of Law Journal (EALS HRRLJ) is celebrating its first birthday by releasing the Second Volume of this annual publication. In its pursuit of the development of all members of the profession in the region, steering public interest litigation for the common good of all the people of the East Africa region, and promoting the regional integration agenda of the East African Community, the leading Bar Association in East Africa has endeavoured to promote scholarly research in rule of law and human rights. There can be no meaningful integration of the East African Community if governments of the Partner States do not obey the rule of law and do not respect the rights of their citizens. If that happens, citizens would lose hope in their government and a hopeless citizen is a dangerous citizen. Through democratic governance and respect for the inalienable rights of their citizens, these Partner States can reach great heights through development of the East African Community. Citizens would be collaborators, rather than subordinates whose rights and views are not respected. The EAC endeavours to run a people-centred integration agenda and this agenda can only succeed if the rule of law and human rights are respected. This is what the EALS Human Rights and Rule of Law Journal seeks to promote. The journal provides a forum for practitioners of the Law across the East African Community and beyond to research on and publish on topical issues relating to the rule of law and human rights. Lawyers ~ vii ~E ditorial Note can therefore present their findings on these topical issues, analyse laws relating to these issues, and recommend solutions. This second volume attracted a large number of manuscripts from authors across East Africa. Authors have demonstrated research depth and expertise in the areas they have researched and written their articles on. These manuscripts were subjected to double blind peer review by our experts across East Africa. The papers we are presenting in this Volume are therefore a result of intense peer review from experts and detailed editing by our Editorial Board.
2017
As the review and observation of laws and governmental practices bear testimony, today there remains little about the Ethiopian Constitution as law. This is particularly so for fundamental rights in the Constitution. There are no sanctions for violations as the nature of law requires (added to this is lack of equitable or judicial remedy in Ethiopian human rights law); there is almost no procedure to invoke constitutional rights (CRs) independently of sub-constitutional laws, barring their vindication by constitutional means; and there is almost no independent and impartial constitutional interpretation, the job being left for a political assembly, the House of Federation (HoF), together with its CCI (Council of Constitutional Inquiry), whose agenda are driven solely by short-sighted politics of the executive. Hence, by design or accident, ordinary laws implementing the Constitution have become the only route to enforce CRs. ‘Implementation’ laws are not limited to authorized enactments and abstract clauses. Proclaiming constitutional implementation as their priority, these laws extensively regulate mass media, civil society, political association, criminal procedure, and so on. While there is little doubt as to importance of implementation laws, their substance is remarkably designed in part to displace CRs. From few of these laws that happen to implement, many suffer from procedural and enforcement deficiencies making chances of CRs doomed. From legal developments relating to rights restraining the government, I propose three hypotheses regarding the relationship between the Constitution, implementation laws and their enforcement in order to determine if the Constitution is worth celebrating: 1. For ordinary citizens, there are not CRs other than rights in ordinary laws; 2. Ordinary implementation laws routinely provide substantially restrictive clauses flouting the supremacy of the Constitution; 3. If and when implementation laws are constitutionally compatible, their enforcement is hampered by systematic procedural and evidentiary deficiencies; 4. Therefore, in the law’s view, Ethiopian CRs have neither protected citizens nor restrained the government; their worth in legal theory and practice is little.
Equal Treatment of Citizens in the Constitutions of the Federal Democratic Republic of Ethiopia
ETHIOPIAN CONSTITUTIONAL AND PUBLIC LAW SERIES, 2020
The School of Law of Addis Ababa University and the funder of this volume cannot be responsible for any factual or legal errors or omissions in this volume. Opinions expressed herein are those of the author(s) of the respective contributions and do not necessarily represent the views of the School of Law or the funder of this publication. iii ACKNOWLEDGEMENT Ethiopian Constitutional and Public Law Series Volume XI is published with a generous financial assistance from Hanns Seidel Foundation-Nairobi. The School of Law of Addis Ababa University extends its deepest gratitude to Hanns Seidel Foundation-Nairobi for helping with the publication of this Volume by providing financial assistance covering the costs associated with organization of conference, honorarium for panelists, editors, and the cost of printing.