http://ir.haramaya.edu.et//hru/handle/123456789/195 2026-04-17T16:26:03Z 2026-04-17T16:26:03Z Yisak Asfaw Haile (Ass.Prof), Megersa Dugassa Nuru Beyan http://ir.haramaya.edu.et//hru/handle/123456789/8370 2025-05-07T06:28:27Z 2024-12-01T00:00:00Z

Assessing the Need for Arbitrator’s Immunity in Ethiopia; Insight from Selected Jurisdiction Yisak Asfaw Haile; (Ass.Prof), Megersa Dugassa; Nuru Beyan world. In every arbitral proceeding some chief actors who play an important role for the achievement of the expected outcome are arbitrators, arbitral institutions, disputing parties and courts. Particularly, arbitrators who provides service in Ad-hoc tribunals and institutions engages in the proceeding more. While undertaking their function they are expected to fulfill their duties and responsibilities without any defect and in good faith. failure to deliver the award in good faith and commit fault against their expected legal duty, which forces parties to bring civil claim with the aim of getting redress for the damage sustained due to arbitrator. The paper examines and assesses need to introduce immunity of arbitrators in Ethiopia from other nation’s best experiences. The legal jurisprudence is evolving from time to time there is no consensus over the scope of protection (immunity) of arbitrators in a different jurisdiction. Our country Ethiopia recently promulgated arbitration and conciliation working proclamation, but there are no provisions in the proclamation on issue of arbitral immunity. The unavailability of such jurisprudence has its own direct effect on the integrity of the proceeding, finality and quality of the award. Consequently, discourages arbitrators and parties to arbitration from using arbitration as an efficient and effective mode of dispute settlement. The paper employed doctrinal research method and also discussed and qualitatively analyzed the experience of selected jurisdictions (France, England, China and India) which are selected based on historical legal infrastructural attachment, current economic relations and their achievement in building robust arbitration system. Also, the opinion of arbitrators and experts and case laws are discussed to draw lessons for Ethiopia. It has been observed that, almost in all jurisdictions arbitrators enjoy protection from liability as long as they act in good faith or in accordance with the law. The paper suggests adopting immunity in the lack of clear governing law or ruling in Ethiopia. Accordingly, the paper recommend qualified immunity because; in such kind of immunity arbitrators enjoy immunity and protected from civil actions, as long as they fulfill their obligation in good faith and without any kind of fraud and deliberate wrongdoing. If arbitrators commit wrong by breach their duties they are going to be liable by general rules of contract law. 83p.

2024-12-01T00:00:00Z Aliyi Hussein Feko Dr. Bahar Adem Dr. Abdella Yuya http://ir.haramaya.edu.et//hru/handle/123456789/8347 2025-03-31T06:15:16Z 2023-06-01T00:00:00Z

POLICY-PRACTICE GAP IN IMPROVING EDUCATIONAL QUALITY IN SECONDARY SCHOOLS OF EAST HARARGHE ZONE, OROMIA REGIONAL STATE Aliyi Hussein Feko; Dr. Bahar Adem; Dr. Abdella Yuya The purpose of this study was to investigate the policy-practice gap in improving educational quality in secondary school of East Hararge zone. To accomplish this purpose, the study employed descriptive survey research design, which is supplemented by quantitative and qualitative research method to enrich data. The study was carried out on 8 secondary school of East Hararge zone. Then, a total of 286 individuals participated in the study. Among them, 218 secondary school teachers and 60 leaders were included in the sample through simple random sampling technique. Additionally, 8 head woreda educational office were included through purposive sampling techniques. Questionnaire, interview, and document analysis were the main instrument utilized during data collection. The analysis of the quantitative data was carried out by using percent, mean, standard deviation, while qualitative data were analyzed using narration. Finally, the results of the study revealed that the secondary school policy practices were not effective and suffered with many challenges. Among that, inadequate physical resource: classroom and laboratory, lack of maintain service for materials, lack inadequate financial resource, lack of utilizing instructional technology, absence of system that used to implement, monitor, evaluate policy practice, ineffective way of handling school community complains, lack of up dated policy guideline, unclarity of the existing policy, school community lack of commitment, lack of clear communication and lack of timely feedback were the major challenges that influence the secondary school policy practice. From the results of the finding, it is concluded that, the secondary teachers and leaders’ policy practice were within the range of low level. Based on the findings of the study, it is recommended that, educational office in each level should provide secondary school policy materials and give frequent trainings, workshops, and seminars on policy to enhance the awareness of the secondary school teachers and leaders 70p.

2023-06-01T00:00:00Z Ahmed Kemal (Assistant ProfAlekaw Dargie Assefa http://ir.haramaya.edu.et//hru/handle/123456789/8345 2025-03-26T06:29:40Z 2024-09-01T00:00:00Z

RE-APPRAISING EFFICACY ETHIOPIAN INVESTMENT LAWS IN ENABLING TECHNOLOGY TRANSFER BETWEEN FOREIGN INVESTORS AND LOCAL FIRMS Ahmed Kemal; (Assistant ProfAlekaw Dargie Assefa Technology transfer from foreign investors to National firms through the instrumentality of FDI requires Comprehensive investment laws and regulations that encourage technology transfer between foreign investors and national firms. Investment laws shall provide strategies that promote technology transfer. Particularly, it shall affirm the protection against infringement of foreign investor's IPRs, which is key in promoting technology transfer to domestic firms. Investment laws shall incorporate comprehensive incentives targeting technology transfer and provide mechanisms for monitoring and evaluating technology transfer activities. Employing the doctrinal research methodology, the thesis has re-assessed the efficacy of Ethiopian investment laws in enabling technology transfer from foreign investors to national firms. After an in-depth analysis of Ethiopia's BITs, investment proclamations, and regulations, along with experience from other countries, the thesis finds that these legal frameworks lack comprehensiveness in providing adequate incentives that target technology transfer and lack clear cooperation mechanisms for easier monitoring and evaluation of technology transfer. Investment proclamation is silent about investment-related intellectual property rights. In addition, they do not adequately establish effective mechanisms to promote technology transfer between foreign investors and local firms. Accordingly, the study recommends the amendment of technology transfer-related provisions under the investment proclamation to clearly and comprehensively establish incentives that target technology transfer activity, clearly stipulate a guarantee for investment-related intellectual property rights, and provide a framework for monitoring, evaluating and coordinating technology transfer activity. Regarding BITs, the researcher recommends drafting a new BIT model with technology transfer provisions. The provision must be constructed so that the state can apply local content requirements to the extent that no international commitment exists. Model BITs shall incorporate science, technology and innovation capacity-building elements as a strategy to promote technology transfer so that the state can benefit from the spillover effect of FDI. 68p.

2024-09-01T00:00:00Z KITESA BIRHANE BIRRU Megersa Dugasa( Ass. Professor) http://ir.haramaya.edu.et//hru/handle/123456789/8337 2025-03-21T07:05:59Z 2024-04-01T00:00:00Z

IMPLICATION OF COMESA MEMBERS BITS CONVERGENCE ON INTEGRATION OF EASTERN AFRICA: CASE OF COMESA COMMON INVESTMENT AREA AND ETHIOPIA BITs ANALYSIS KITESA BIRHANE BIRRU; Megersa Dugasa( Ass. Professor) The investment policy landscape in Africa is characterized by myriads of overlapping bilateral and regional multi-lateral treaties with inconsistent provisions of those legal frameworks. Currently BITs primarily leading investment environment across the world and world states have now signed over three thousand of the BITs agreement yet it characterized by, a complex; fragmented and heterogeneous content BITs agreement that leads for investment disputes for which the problem is too worse for African BITs agreement. One of ultimate objectives of the study at hand is to make theoretical analysis on necessity of implementing COMESA common investment treaty area in harmonizing investment market integration in general and Ethiopian BITs particularly. In its way to achieve objectives enshrined under this study the study adopted doctrinal legal research since addressing the issue at hand seek doctrinal way of research methodology through individual analyzing capacity of the researcher. The study employed primary data like; COMESA treaty, COMESA common investment treaty area and conducted in depth analysis on the contents of existed legal frameworks based on individual perception and analyzing capacity of the researcher. Further the study has employed secondary sources like; relevant literatures of other scholars written on the areas and conducted review on those literatures to in its way address existed disparities from current study. The study has found lack of binding investment legal framework guides COMESA member’s state has made individual member states to accept bilateral treaty concession that are not protect the interest of the host states and further made them to incur cost of enacting investment legal frameworks instantly and far from having perpetual legislation on the area. Further lack of binding frameworks results for uneven distribution of investment throughout the COMESA member states since absence of binding law externally leads countries individually offers investment concession that are not protect their economic interest as one of pulling factor in attracting foreign investors. 58

2024-04-01T00:00:00Z