The International Journal of Ethiopian Legal Studies

BALANCING PROPERTY RIGHTS AND REGULATORY INTERVENTIONS: ANALYZING EXCESSIVE BUT LAWFUL REGULATIONS UNDER THE FDRE CONSTITUTION: LESSON AND PERSPECTIVE

2025-05-28T17:45:47+00:00

Despite the constitutional protection of property rights, the FDRE Constitution permits two forms of property intrusion under Article 40 (1 and 8): police power and expropriation (eminent domain) respectively. While expropriation involves the taking of private property on
account of a public purpose and against payment of adequate compensation, the police power allows the government to deprive property rights without compensation. However, the implications of such uncompensated limits through the state's police power should not be overlooked, especially when these regulations go beyond and substantially diminish the value or use of private property without outright expropriation. Without pretending to be a full comparative overview, the paper aims to assess other countries' experience in balancing property rights protection and excessive regulation and draw a lesson. Accordingly, the paper finds that: while some States employ an ‘invalidation’ approach, challenging the constitutionality of excessive regulations and deeming them non-compensable, others opt to “judicially transform” such regulations into “regulatory taking” or explicitly recognize it as
“indirect or constructive expropriation,” making it compensable under the Constitution. Coming to the FDRE Constitution, arguably, excessive but otherwise regulation cannot be justified in either the police power or expropriation clause, rendering them noncompensable. In such cases, 'invalidation' becomes the likely outcome for such regulations. However, invalidation may not always be a practical option for regulations enacted for the public good. Further, the paper contends that while holding onto hope, neither judicial transformation nor explicit recognition of such regulation as regulatory taking appears feasible within the current constitutional context. Instead, the paper suggests the explicit recognition of regulatory taking through specific laws (excessive regulatory laws), which safeguard property rights while aligning with broader regulatory objectives.

ANALYZING THE PRE-TRIAL DETENTION LAW AND THE JUDICIAL PRACTICE OF ETHIOPIA IN LIGHT OF HUMAN RIGHTS STANDARDS

2025-05-28T17:51:50+00:00

In Ethiopia, Pre-trial detention is supposed to be conducted based on the rules stated in the 1961 criminal procedure code, anti-corruption proclamation No.882/2015; and the Federal Supreme Court Cassation Bench precedent. These laws and cassation court precedent together provide the rules on permissible justifications for pre-trial detention, exceptions to the right to bail; and limits on duration of pre-trial detention. On the other hand, the FDRE constitution and treaties ratified by Ethiopia provide principles and rules on the limitations on the right to bail and duration of pre-trial detention. This article examines the compliance of the statutory rules and the cassation court precedent to the human rights principles on pre-trial detention in Ethiopia. Besides, this piece has examined the propriety of the judicial practice in Bahir Dar ena Akababiwa High Court and Bahir Dar town Woreda Court in their application and interpretation of pre-trial detention statutes as illustrations. As such, the work employs a legal doctrinal methodology. The empirical information is gained through the observation of the criminal benches in Bahardar Ena Akababiwa High Court, and Bahir Dar town District Court. Besides, we use human rights situation reports as the source of empirical data. Consequently, the article argues that the statutory laws and the precedent of the cassation court don’t comply with the human rights standards. And, the judicial practice regarding the regulation of pre-trial detention is normatively dissatisfying.

PRODUCT LIABILITY UNDER UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (CISG) AND ETHIOPIAN LAW

2025-05-28T18:00:59+00:00

This article explores product liability by analyzing its treatment under the United Nations Convention on Contracts for the International Sale of Goods (CISG) and Ethiopian law, specifically focusing on claims related to property damage and personal injuries caused by
defective products. The study begins by outlining the theoretical frameworks of product liability to underscore its complexity and significance. A crucial distinction is made between the two legal frameworks: while the CISG addresses claims for property damage, it does not encompass personal injury claims, thereby creating gaps in consumer protection. The methodology employed in this analysis includes a descriptive approach, which allows for a thorough examination of each legal framework, alongside a comparative study to highlight differences and similarities between the CISG and Ethiopian law. The findings indicate that Ethiopian law provides a more comprehensive basis for addressing both types of harm, in contrast to the limited scope of the CISG. This limitation suggests a need for reform. The study advocates amending the CISG to explicitly cover personal injury claims, enhancing Ethiopia's product liability framework, and improving legal awareness among relevant stakeholders. Ultimately, this article aims to clarify legal ambiguities and strengthen product liability protections, thus benefiting businesses, consumers, and the global marketplace.

ADMINISTRATION OF JUSTICE BY SOCIAL COURTS IN ETHIOPIA: NORMATIVE AND COMPARATIVE ANALYSIS

2025-05-28T18:04:49+00:00

Social courts have been grassroots judicial institutions for a long time, playing their role in ensuring justice concerning petty matters. Despite debates on their constitutionality, social courts are still operating as the judicial wing of the lower administrative unit. The
administration of justice by a social court is one of the under-researched issues. To fill this gap, this study employed a combination of normative and empirical methods to examine the effectiveness of social courts and the challenges they faced. Normative approaches were used to comparatively study regional social court laws, while empirical approaches were employed to examine practices and challenges of social courts in the administration of justice. As the findings of the study revealed, despite its contribution to access to justice, the administration of justice by the social court is subject to multifaceted challenges attributable to the incompetence of judges, jurisdictional ambiguity, and lack of access to necessary facilities that negate its effectiveness and question its very existence. To overcome these challenges, this article recommends a comprehensive reform that includes revisiting the laws and implementing capacity-building programs. The study also calls for a nationwide study of the administration of justice by the social court to fill gaps and facilitate the transfer of good practices.

THE ROLE OF LEGISLATION ON URBAN LAND REGISTRATION ENFORCEMENT IN ETHIOPIA: THE CASE OF AMHARA NATIONAL REGIONAL STATE

2025-05-28T18:08:56+00:00

The Amhara National Regional State (ANRS) has undertaken urban land registration through the financial loan grant, primarily from the World Bank, since the early 2000s. However, the coverage of land registration practice remains low. This paper begins the journey of exploring the mechanisms by which legislative and other institutional processes could play a better role in the success of land registration systems. Such a study inquiring into the causal relationship between legislation and land registration enforcement is unprecedented in Ethiopia. The paper utilizes project documents and mainstream secondary literature to construct a conceptual framework. It applies qualitative research methods of data analysis with a case study approach. Descriptive, exploratory, and analytical research analysis were employed. The research explores processes, activities, and events in the form of narration. The paper concludes that gaps in the legislation development on land registration and land management have negatively contributed to the low
performance of urban land registration in Ethiopia. The paper suggests that taking a few steps to fill the gaps in the current legislative framework could enhance the contribution of legislative development for improved land management in urban centers of Amhara region, with implications for the whole country.