Purpose of the study: the study aims to pinpoint the status of arbitration confidentiality in Ethiopia. Methodology: Data were collected through document review and interviews of professionals who were selected purposively since they have a direct relation with the arbitration cases. Finding: The finding of this research shows that the legal basis, scopes, application, and limitations of duty of confidentiality are full of debate. Application: the Ethiopian parliament should enact new arbitration laws by taking a lesson from the New Zealand Arbitration Act and WIPO arbitration rules. Disputing parties should fill these gaps through their confidentiality contractual. The Court control and support to arbitration proceedings should be limited and confidential. Any person publication of arbitral awards should be without the identity of disputing parties. Novelty: even if arbitration has many benefits, its application is low in Ethiopia. Therefore, this study may use as reference material for students’, disputing parties, and also the input for police and lawmakers
Purpose of the study: The Ethiopian criminal justice system views crime as an offense against the state. and is not allowed the participation of the victim and the community and also win-loss outcome. Scholars have established the concept of restorative justice which views crime as a violation of the relationship among the victims, offenders and community. Therefore, the purpose of this paper is to assess the legal and institutional basis and practice of restorative justice in Ethiopia. Methodology: This study employs a qualitative research approach and descriptive research design. The population of this study includes the victims, offenders, criminal justice system components and traditional dispute resolver. Data was collected through document review and the interview of five individuals selected through the purposive sampling technique. The collected data was then analyzed thematically. Main Findings: The results show that different governmental institutions such as the house of federation, peace minster, police, court, general attorney, and reconciliation commission have a legal recognition to apply restorative justice values and principles. Meanwhile, traditional conflict resolution mechanisms and alternative dispute resolution mechanisms have defector recognition to resolve criminal cases. Research limitations/implications: The models of restorative justice in Ethiopia entail compromise, withdrawal of charge, probation, pardon, amnesty, plea bargaining, shuttle diplomacy, suspect rehabilitation and reconciliation based on different laws. Therefore, the house of people representative should enact a comprehensive law on restorative justice. The police and general attorney should create awareness about restorative justice. Novelty/Originality of this study: Restorative justice has many benefits, but the concept itself has not been studied in detail. This study is the first of its kind to examine restorative justice in detail in the context of Ethiopia.
The police have the responsibility to balance public protection from harm by respecting the human rights of suspects during prevention and investigation. However, it is difficult to achieve absolute balance because it is determined based on the police because the process or model of crime control, especially in the case of special investigative techniques, is a confidential investigation of serious crimes based on the principles of legality, necessity, proportionality, and adequate protection. The purpose of the doctrinal article evaluates the role of special crime investigation techniques for human trafficking in Ethiopia. Data is collected through document review and interviews with crime investigators, intentionally and in direct contact. Qualitative research and descriptive design. The collected data is analyzed thematically. Research findings that there are some special investigative technical provisions in FDRE criminal justice policies, human trafficking and smuggling of migrant proclamations. However, this legal basis is not as comprehensive as specific types of investigation techniques, who did it and for how long, the requirements for doing this were not answered. Therefore, the House of Representatives must make a law covering all specific investigative techniques for human trafficking in Ethiopia. The Attorney General must also create public awareness about it.
The purpose of the investment is to bring benefits to the owners and sustainable development for the local community and for future generations. Arbitration is the process of resolving legal disputes between individuals, groups and countries. Every investment activity must ensure sustainable development to respect the rights of future generations. However; Canadian zinc smelting companies emit sulfur dioxide and cause air pollution in the United States. This created a dispute between Canada and the United States, then they agreed to settle it through a neutral arbitration court. As a result, this arbitration court ruling creates two principles of international environmental law primarily; the polluter pays the principle and obligation of the state not to damage the environment outside its jurisdiction. This arbitration award establishes the concept of Harm across borders and the principle of polluter pays to ensure the sovereignty of international environmental law. Therefore; if disputes arise between countries, they can resolve them through peaceful dispute resolution mechanisms such as negotiation, mediation and arbitration.
Purpose of the study: One of the modus operandi of criminals such as terrorist, emotional, mentally ill person to achieve their need is held person hostage, especially government officials, investors, and tourists. The police also used to force to secure peace and security, but now the police use the hostage negotiation team to save the life of hostage-taker and hostage. These hostage-takers take innocent hostage persons as means of negotiation, which may terrorize everybody, such as an investor, tourist, and vulnerable group, which have a negative impact on the development and peace of the country. Additionally, the right to life is the mother of other human rights. The purpose of this paper is to evaluate the practice of hostage situation and its resolution Methodology: Data were collected through document review and interviews of police and victim, who were selected purposively since they have direct relation. This is desktop research and descriptive design. The data were collected through document review and media review. The collected data were analyzed thematically. Finding: The result of the analysis data shows that there is a hostage situation in Ethiopia, and the response of the police is the use of force than the negotiation team. Application: The police should establish a hostage negotiation department with professional negotiators. The governments also should enact negotiation policy and strategy in Ethiopia. Novelty/Originality: There is a hostage situation, and its resolution lacks clear guidelines in Ethiopia, and nobody studied it. Therefore, this study may use as reference material for students'; the government may use it as input for policy and lawmakers.
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