http://ir.bdu.edu.et/handle/123456789/2034 2001-01-13T06:42:20Z 2001-01-13T06:42:20Z Masresha, Desalegn http://ir.bdu.edu.et/handle/123456789/16836 2025-08-22T08:25:11Z 2025-07-01T00:00:00Z

Unveiling the Effectiveness of Leniency Programs in Dismantling Cartel Agreements; A Comparative Analysis with Special Focus on Ethiopian Law Masresha, Desalegn Cartel agreements represent one of the most serious threats to market competition, often resulting in inflated prices, restricted output, and reduced innovation. In response, leniency programs have been adopted globally as strategic enforcement tools to detect and dismantle cartels by incentivizing self-reporting among conspirators. This paper critically examines the effectiveness of leniency programs in dismantling cartel structures through a comparative analysis; focusing on the experiences of the United States of America, Canada, and other jurisdictions with mature and tested leniency frameworks. Through a comparative analysis of established jurisdictions such as United States of America, Canada, South Africa and Kenya, the study assesses how leniency policies are effective in combating cartel agreements; incentivize whistleblowers and cooperation with competition authorities. The study then turns to Ethiopia, critically assessing the legal framework and the practices in underpinning its competition law regime with regard to leniency program. Special focus is given to the Ethiopian legal framework, assessing its current capacity to implement and benefit from such programs. By comparing Ethiopia’s legal framework with international best practices, particularly United States of America, Canada, South Africa and Kenya, the research critically evaluates the operational efficiency, enforcement mechanism, and limitations of Ethiopia’s current leniency regime. Through a mixed(doctrinal and empirical) legal research analysis, the paper uncovers key gaps in the implementation and enforcement of Ethiopia’s leniency provisions, including issues related to legal framework, the practice, and stakeholder awareness that hinder the full realization of leniency programs in Ethiopia. The study concludes by offering legal and informed recommendations to strengthen the Ethiopian framework, arguing that a well-designed and credibly enforced leniency program is essential for uncovering covert cartel behavior and promoting competitive market dynamics.

2025-07-01T00:00:00Z Dessalegn, Zelalem http://ir.bdu.edu.et/handle/123456789/16835 2025-08-06T08:06:22Z 2025-07-01T00:00:00Z

An Appraisal Of The Legal And Institutinal Frameworks Governing Customs Duty Free Privilege In Ethiopia: The Case Of Bahirdar Customs Branch Office Dessalegn, Zelalem Duty-free privileges are a key government incentive allowing eligible sectors to import goods tax-free upon meeting set requirements. This research paper was conducted to make an appraisal on the legal and institutional frameworks governing customs duty free privilege at Bahir Dar customs branch office. In doing so, a mixed method design was employed combining doctrinal and empirical research methods towards creating a clear foundation of the legal and institutional framework on one hand and assessing the real-world application of the laws and its practical challenges and gaps on the other hand. The findings show that the current legal framework establishes a basic structure for duty-free operations despite the gaps and challenges that restrict its efficacy. It is found out that misuse duty-free privileges such as mis-declaring goods or misusing exemptions either personal or commercial use in contradiction to intended purposes is abundantly available. The study indicate that there is inconsistent enforcement of laws concerning customs duty free privilege by different customs offices which may interpret and enforce regulations differently, leading to inconsistencies in the application of duty-free privileges. This conclusion encapsulates key findings, explores implications, recognizes limitations, and proposes directions for future research, specifically aligned with the context of customs duty-free operations. Furthermore, the research paper has forwarded key recommendations on this area which could help in modernizing the administration of customs duty-privilege

2025-07-01T00:00:00Z Chane, Mekashaw http://ir.bdu.edu.et/handle/123456789/16813 2025-07-29T09:11:23Z 2025-06-01T00:00:00Z

The Return Of IDPs In Ethiopia: Appraising The Principle Of Non-Refolement Chane, Mekashaw Internal displacement remains a pressing humanitarian and human rights issue in Ethiopia, particularly given ongoing conflicts that force many to flee their homes. Ensuring the safe, voluntary, and dignified return of internally displaced persons (IDPs) requires strong legal protections, including adherence to the principle of non-refoulement, which prohibits forced or premature return to unsafe conditions. This research investigates the legal frameworks governing the return of IDPs in Ethiopia and examines the applicability of the non-refoulement principle in this context. The study addresses key questions regarding the extent to which Ethiopian return practices comply with international standards, the challenges and gaps in implementing non-refoulement, and lessons Ethiopia can draw from other countries with experience in managing conflict-induced displacement. The primary objectives are to analyze existing laws and policies, assess their practical application, and propose recommendations for strengthening the protection of IDPs during return processes. Employing a qualitative research design, this study undertakes a comprehensive legal review of relevant instruments such as the UN Guiding Principles on Internal Displacement, the Kampala Convention, and Ethiopia‟s draft IDP Proclamation. It also incorporates interviews with stakeholders, to evaluate on-the-ground realities and challenges faced by IDPs during returns. Findings reveal that while international and regional frameworks provide clear protections, Ethiopia‟s national legal framework lacks binding provisions specifically addressing non-refoulement for IDPs. Return practices often fall short of international standards, with documented cases of forced and premature returns to areas still affected by conflict, leading to secondary displacement. Key challenges include weak institutional coordination, absence of peace building measures in return areas, political interference, and limited accountability mechanisms. Comparative analysis with Uganda‟s National Policy on IDPs and Colombia‟s Victims and Land Restitution Law highlights the importance of comprehensive legal frameworks, institutional coordination, land restitution, and peace building to facilitate durable and rights-based returns. The study recommends that the Ethiopian government finalizes and enacts a binding IDP law incorporating enforceable rights and remedies, domesticate regional conventions like the Kampala Convention, and prioritize peace-building efforts before return operations.

2025-06-01T00:00:00Z Mola, Essubalew http://ir.bdu.edu.et/handle/123456789/16810 2025-07-29T09:00:02Z 2025-06-01T00:00:00Z

Assessing The Legal Framework on sexual Violence as acore International Crime In Ethiopia; Challenges And Opportunities Mola, Essubalew Sexual violence remains one of the most serious and pervasive human rights violations, occurring in both peacetime and armed conflict. Although it has a long history, sexual violence was overlooked for decades, or inadequately addressed by international criminal mechanisms. In recent years, however, its recognition as a core international crime, whether as genocide, a crime against humanity, or a war crime, has progressed through international legal instruments and jurisprudence, including cases involving Ethiopia. This study assesses the legal framework governing sexual violence as a core international crime in Ethiopia, focusing on both the challenges and opportunities present. Despite the widespread occurrence of sexual violence in the country, Ethiopia‘s domestic legal system faces significant challenges in effectively addressing and prosecuting it as a core international crime. Additionally, Ethiopia is not currently under the jurisdiction of any international criminal tribunal with authority over genocide, crimes against humanity, or war crimes. Existing national laws are also limited in scope, and concerns remain regarding their clarity and consistency with international legal standards. The central research question guiding this study is how sexual violence is addressed as a core international crime under Ethiopia‘s legal framework, and what are the key challenges and opportunities for its improvement? To answer this, the research examines the extent to which Ethiopian criminal law has incorporated the legal elements of sexual violence as defined under international criminal law. It also analyzes how well the legal framework aligns with international standards and identifies the reforms needed to improve accountability. This study employs a doctrinal research method to analyze the relevant legal texts, statutes, and jurisprudence. The findings show that international legal instruments, including the Rome Statute, customary international law, and jurisprudence from ad hoc tribunals, provide a well-established framework for prosecuting sexual violence. In contrast, Ethiopian domestic law remains underdeveloped. Key challenges include the absence of comprehensive legislation, the lack of clear definitions and elements of the crime, such as actus reus and mens rea, and the country‘s failure to ratify the Rome Statute. Nevertheless, there are meaningful opportunities for reform. Ethiopia can accede to the Rome Statute, finalize the draft legislation on core international crimes, and ratify the regional Malabo Protocol. The study recommends that the Ethiopian government demonstrate political will by ratifying key instruments, amending the Criminal Code, or adopting a standalone law that clearly defines and criminalizes sexual violence as a core international crime.

2025-06-01T00:00:00Z