• Mizan Law Review

Publisher:
St. Mary's University College
Publication date:
2012-03-15
ISBN:
1998-9881

Description:

Mizan Law Review publishes peer reviewed scholarly articles that identify, examine, explore and analyze legal and related principles, stipulations and concepts based on research findings. Mizan’s articles aim at interpretation, description, exploration and diagnosis towards the solution of problems (or legal issues) including proactive critique and projection that assist the development of laws.

Latest documents

  • Administrative Rulemaking in Ethiopia:Normative and Institutional Framework

    Administrative action is steadily growing in Ethiopia, the major part of which is administrative rulemaking. It ranges from regulation of the major industries to the provision of basic commodities like sugar and edible oil. Modern states cannot effectively function without allowing the administrative agencies to have such roles, subject to the caveat that the agencies should to be kept in check by procedural stipulations and schemes. In this regard, there is gap in the Ethiopian legal regime due to the absence of administrative procedure law. This is a neglected subject both by the legal academia and practitioners. This article highlights the problems associated with the gaps in administrative law in Ethiopia and we argue that the prompt adoption of the Draft Federal Administrative Proc...

  • Blasphemy in a Secular State:Some Reflections

    Anti-blasphemy laws have endured criticism in light of the modern, secular and democratic state system of our time. For example, Ethiopia’s criminal law provisions on blasphemous utterances, as well as on outrage to religious peace and feeling, have been maintained unaltered since they were enacted in 1957. However, the shift observed within the international human rights discourse tends to consider anti-blasphemy laws as going against freedom of expression. The recent Human Rights Committee General Comment No. 34 calls for a restrictive application of these laws for the full realisation of many of the rights within the International Covenant on Civil and Political Rights. Secularism and human rights perspectives envisage legal protection to the believer and not the belief. Lessons can ...

  • Examining some of the raisons d'être for the Ethiopian anti-terrorism law

    There has been a proliferation of counter-terrorism legislation around the world following 9/11, a turning point in the history of counter-terrorism. Ethiopia passed its anti-terrorism law in July 2009. This law and its application have been controversial since its promulgation. A debate on several issues relating to the law and its (mis)application was held in August 2013. Whether the law is needed at all was one of the contentious issues deliberated on. Proponents argue that the clear and present danger of terrorism in Ethiopia coupled with inadequacy of ordinary laws to deal with this reality necessitated the law. They also contend that the United Nations Security Council resolution 1373 (2001) requires Ethiopia to pass the law. Challengers dismiss these justifications as pretexts an...

  • The right of minorities to political participation under the Ethiopian electoral system

    Broad representation of different ethnic groups has implications in stability and the quality of democracy. The right to political participation is largely realized through the electoral system of a country. The choice among electoral systems should thus take various factors into account including the need for securing equitable representation, including minority groups. It is argued that the ‘first past the post’ system embodied in Ethiopia’s electoral law denies national and regional minorities equitable and adequate share of political power in the respective federal and regional councils. Hence, taking into consideration Ethiopia’s long history of competing ethnic nationalisms and lack of consensus, there is the need for securing adequate representation proportional to the numerical ...

  • Economics of copyright:challenges and perspectives

    This article outlines the prominence of economic analysis of copyright, not only within the academic community, but also in the legal practice. The successful cooperation of law and economics in the field of copyright calls for advanced microeconomic analytical skills and a high level of legal understanding of intellectual property. The study highlights the central dilemma between access of copyright users and incentives to authors, by raising important issues under the umbrella of the microeconomics of copyright and macroeconomic consequences of piracy

  • Unilateral trade sanctions as a means to combat human rights abuses:legal and factual appraisal

    Some developed countries have used unilateral trade sanctions against governments that have allegedly been engaged in gross violations of human rights as a tool to force such governments to comply with basic human rights standards. Even though unilateral trade sanctions might be targeted against governments that grossly violate human rights, such measures have unintended consequences on the general population who live in the target country. In many cases, the general population suffers as a result of such sanctions rather than the public officials who are the targets. Hence, the effectiveness of such measures in meeting the desired result is questionable. Such measures have been utilized by countries that are members of the World Trade Organization (WTO) thereby raising the issue of the...

  • Motor vehicle lessors' liability for damages to third parties: a comment
  • Notes on the salient features of tax liens under Ethiopian law
  • Locating big laws in small places:a review
  • The Principle of the Presumption of Innocence and its Challenges in the Ethiopian Criminal Process

    The administration of the criminal justice system tries to strike a balance between the search for truth and the fairness of the process. To this end, the law should protect individual rights and impose various legal burdens on the state. One such tool is the principle of the presumption of innocence until proven guilty. This is a constitutional principle under Ethiopian law and requires the public prosecutor to prove each element constituting the crime which, as argued in this article, should be proved beyond reasonable doubt. However, this principle is being violated by various subsidiary laws, procedures and practices. First, there are various provisions in the criminal law that limit (or arguably disregard) this constitutional principle. Such criminal law provisions assume as proved...

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