Abstract:
The very purpose of this study is to examine the legal protections for investment in Ethiopia particularly in times of civil disturbances and proposing better protection mechanisms and remedy schemes for investments in case of civil disturbances under the Ethiopian legal system. By employing a qualitative legal research approach the study has investigated how the concept of investment protection has evolved under the national and international legal frameworks, and the protections provided for investments in civil disturbances and their adequacy under the domestic legislations of Ethiopia and the BITs to which a country is a party. To assess their practical applications and adequacy the study has also critically examined the impacts of the civil disturbances, begun in late 2015, on the investments in Ethiopia taking the case in Amhara and Oromia Regions as empirical examples; and the legal remedies and legitimacy of measures taken by the Ethiopian government to redress economic damage during civil disturbances. It is found that the Ethiopian domestic investment legislations are short of integrating the issue of investment protections during civil disturbances, while the BITs to which Ethiopia is a party provides relatively a detail of rules for the protection of investments during civil disturbances and remedies after destructions. Under this research its uncovered that there are only few and scattered provisions under the 1995 FDRE Constitution, Criminal Code of Ethiopia and the Tax Administration Laws of the country that have relevancies to provide protections and remedies for investments in civil disturbances. During the civil disturbances begun on the late 2015 the government has provided a police protection through its security forces for investments and rescued many investments from destructions. However, due to its inadequacy many investments have been destructed and multi-faced crisis has occurred on the investors as well on the country at large. After the occurrence of destructions the government has provided different kinds of remedies for investments with a view to help them in continuing their businesses such as compensation, fiscal remedies, financial remedies and provision of land. However, most of these remedies lacked a legal basis and mainly enforced through a political decision; and have different problems in procedure and effect. Based on the findings, the research presents measures to be taken in Ethiopia towards the creation of a strong system of investment protections during civil disturbances.