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Author: Daniel W. Ambaye
Publisher: Springer
ISBN: 3319146394
Category : Political Science
Languages : en
Pages : 289
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Book Description
This thesis provides a new approach to the Ethiopian Land Law debate. The basic argument made in this thesis is that even if the Ethiopian Constitution provides and guarantees common ownership of land (together with the state) to the people, this right has not been fully realized whether in terms of land accessibility, enjoyability, and payment of fair compensation in the event of expropriation. Expropriation is an inherent power of the state to acquire land for public purpose activities. It is an important development tool in a country such as Ethiopia where expropriation remains the only method to acquire land. Furthermore, the two preconditions of payment of fair compensation and existence of public purpose justifications are not strictly followed in Ethiopia. The state remains the sole beneficiary of the process by capturing the full profit of land value, while paying inadequate compensation to those who cede their land by expropriation. Secondly, the broader public purpose power of the state in expropriating the land for unlimited activities puts the property owners under imminent risk of expropriation.
Author: Muradu Abdo
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 0
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Book Description
Author: Daniel W. Ambaye
Publisher: Springer
ISBN: 3319146394
Category : Political Science
Languages : en
Pages : 289
Get Book Here
Book Description
This thesis provides a new approach to the Ethiopian Land Law debate. The basic argument made in this thesis is that even if the Ethiopian Constitution provides and guarantees common ownership of land (together with the state) to the people, this right has not been fully realized whether in terms of land accessibility, enjoyability, and payment of fair compensation in the event of expropriation. Expropriation is an inherent power of the state to acquire land for public purpose activities. It is an important development tool in a country such as Ethiopia where expropriation remains the only method to acquire land. Furthermore, the two preconditions of payment of fair compensation and existence of public purpose justifications are not strictly followed in Ethiopia. The state remains the sole beneficiary of the process by capturing the full profit of land value, while paying inadequate compensation to those who cede their land by expropriation. Secondly, the broader public purpose power of the state in expropriating the land for unlimited activities puts the property owners under imminent risk of expropriation.
Author: Daniel Behailu Gebreamanuel
Publisher:
ISBN: 9789462365476
Category : Environmental protection
Languages : en
Pages : 0
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Book Description
Land rights in general, and transferability of land rights in particular, have been a mind boggling subject for intellectuals, donors, and politicians in Ethiopia. The question of land and the rights attached to it has been a cause for political turbulence and instability in the nation as well. It is important to study the challenges of land policies pursued by successive regimes and the historical evolutionary course leading to the current land policy. The deadlocks on land policy issues in Ethiopia might superficially seem to hinge on preferences of which land governance system or legal regime must the nation adopt or adapt. However, land issues in Ethiopia are more than economic factors or principles of efficiency and preference of ownership systems. This book explores the limitations of the current land system in Ethiopia, by assessing and analyzing the laws and policies pertaining to land and transferability of rights over land. This includes an evaluation of existing legislation against the background of the history of land use in Ethiopia and ensuing political struggles. Contents include: History of Land Tenures in Ethiopia * The Current Legal Regimes of Land Governance in Ethiopia * Tensions between de jure and de facto Transfer of Land Rights in Ethiopia: Informal Land Deals vs. the Command of the Statute Laws * Land Reform Policy and Laws in Ethiopia: Towards Responsible Land Governance * Land Governance and Human Rights in Ethiopia * Land Governance and Environmental Protection in Ethiopia * Land Policy Options. *** Librarians: ebook available on ProQuest and EBSCO [Subject: Environmental Law, Property Law, Human Rights Law, Politics, African Studies]
Author: Harrison Case Dunning
Publisher:
ISBN:
Category : Land tenure
Languages : en
Pages : 187
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Book Description
Author: Wolfgang Benedek
Publisher: International Studies in Human
ISBN: 9789004415942
Category : Law
Languages : en
Pages : 360
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Book Description
This edited volume on Implementation of International Human Rights Commitments and Implications on Ongoing Legal Reforms in Ethiopiaaddresses key themes of contemporary interest focused on identifying the gaps between Ethiopia's human rights commitments and the practical problems associated with the realisation of human rights goals. Political and legal challenges affecting implementation at the domestic levels continue in Ethiopian - the nature and complexity of which have been thoroughly expounded in this volume. This edition uncovers the key challenges involving civil and political rights, socio-economic rights and cultural and institutional dimensions of the implementation of human rights in Ethiopia - while the country is absorbed in legal and political reforms.
Author: Harrison C. Dunning
Publisher:
ISBN:
Category : Land tenure
Languages : en
Pages : 374
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Book Description
Author: Asress Gikay
Publisher:
ISBN:
Category :
Languages : en
Pages : 314
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Book Description
In 2019, Ethiopia enacted its first comprehensive law of security rights -- the Movable Property Security Rights Proclamation (MPSRP) -- drafted under the aegis of the International Finance Corporation (IFC). Although the official narrative is that the it is based on the UNCITRAL Legislative Guide on Secured Transactions Law, the MPSRP is dominantly influenced by Article 9 of the Uniform Commercial Code (UCC Article 9) -- the model law governing security rights (secured transactions) in the United States (US). The enactment of the MPSRP represents a radical departure from the French Civil Code-based Ethiopian law of security rights that has been in place since 1960. This book provides an early interpretive and policy analysis by explaining the key principles, policies, and rules of the MPSRP and highlighting some of the potential challenges around its implementation and interpretation. The book has three key objectives. First, it explains the novel approach to security rights taken by the MPSRP. All stakeholders (judges, litigators, counsels, policymakers, advocacy groups, researchers, students, and other interested groups) need guidance in how the law should be interpreted and applied while also gaining insights into aspects of the law that require reform. Second, it demonstrates that future legal reform in this area should be informed by US experience as the MPSRP resembles US law more than the law of any other nation or the UNCITRAL Legislative Guide on Secured Transactions Law. Ethiopian legal professionals and policymakers need to be familiar with the approaches and policies of UCC Article 9, at least on a basic level. Third, the book aims to serve as the basis for future research and intellectual inquiry into this increasingly important area of law.The book is organized into twelve chapters. Chapter one discusses the reasons for the reform of the Ethiopian law of security rights by analyzing the shortcomings of the Pre-2019 law. Chapter two examines the conceptual foundations of the MPSRP where the notions of unitary theory and functional approach to security interests and their implications are explained. Chapter three provides an overview of security rights to which the MPSRP does not apply followed by chapter four which critically analyses possessory security right and security rights in commercial instruments and documents. Chapter five discusses floating security rights along with acquisition security rights. Chapter six is dedicated to security rights in intangible assets (business, intellectual property, and account receivable) while chapter seven covers security rights in proceeds. In chapter eight, the book comprehensively analyses perfection-- the method for rendering security rights effectiveness against third parties followed by chapter nine covering the rules for determining priority of conflicting security rights as well as the rights of a third-party acquirer of collateral. Chapter ten offers an in-depth account of private enforcement of security rights including self-help repossession, private disposition of collateral, and strict foreclosure along with the remedies for breach of the secured creditor's duties. In chapter eleven, the book covers the status of security rights in bankruptcy. Finally, chapter twelve makes a proposal for the implementation of tailored laws protecting consumers from abusive debt collection practices and aggressive enforcement of security rights. The book utilizes comparative analysis to explain policy and interpretive issues, gaps, and uncertainties that require perspectives from UCC Article 9 with occasional reference to laws of Hungary, Germany, Louisiana, Romania, and the UK to highlight unique solutions to specific legal problems.
Author: Sandra Fullerton Joireman
Publisher: James Currey
ISBN:
Category : Business & Economics
Languages : en
Pages : 200
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Book Description
This study traces three different land tenure systems in Ethiopia and Eritrea over a 30-year period from the end of Italian occupation to the end of imperial rule. It examines existing theories of changing property rights in the context of the developing world, and should interest NGOs.
Author: Madhur Gautam
Publisher: World Bank Publications
ISBN:
Category :
Languages : en
Pages : 31
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Book Description
This paper provides evidence from one of the poorest countries of the world that the property rights matter for efficiency, investment, and growth. With all land state-owned, the threat of land redistribution never appears far off the agenda. Land rental and leasing have been made legal, but transfer rights remain restricted and the perception of continuing tenure insecurity remains quite strong. Using a unique panel data set, this study investigates whether transfer rights and tenure insecurity affect household investment decisions, focusing on trees and shrubs. The panel data estimates suggest that limited perceived transfer rights, and the threat of expropriation, negatively affect long-term investment in Ethiopian agriculture, contributing to the low returns from land and perpetuating low growth and poverty.
Author: Elias N. Stebek
Publisher:
ISBN: 9789994497614
Category :
Languages : en
Pages : 147
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Book Description
