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From digital authoritarianism to platforms' leviathan power:freedom of expression in the digital age under siege in Africa
In: Ayalew , Y E 2021 , ' From digital authoritarianism to platforms' leviathan power : freedom of expression in the digital age under siege in Africa ' , Mizan Law Review , vol. 15 , no. 2 , pp. 455-492 . https://doi.org/10.4314/mlr.v15i2.5
The right to freedom of expression on the internet is under constant siege in Africa due to the actions of States and social media platforms. Many African States have been implementing various authoritarian techniques to trammel freedom of expression in the digital age, including internet shutdowns, repressive national security laws, internet censorship and digital surveillance. Social media companies, on the other hand, exert unbridled power over user-generated contents on their platforms. Their discretionary power to moderate content continues to threaten the right to freedom of expression in Africa. For example, the tug of war between the Nigerian government and Twitter following Twitter's removal of President Buhari's speech epitomises how social media platforms are policing free speech in Africa. I argue that African States must end the practice of digital authoritarianism and robustly respect and protect freedom of expression on the internet based on a human rights-based approach in limiting speech. Beyond superficial human rights vocabulary, platforms must also take human rights seriously and ensure that content moderation practices are guided by human rights-based approach.
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Long Rang Trans-Boundary Air Pollution Smelter Case Arbitration Outcome
In: International journal of environmental, sustainability and social science, Band 1, Heft 1, S. 9-14
ISSN: 2721-0871
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
Special Investigate Techniques for Human Trafficking Investigation in Ethiopia
In: International journal of environmental, sustainability and social science, Band 1, Heft 1, S. 15-24
ISSN: 2721-0871
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 role of the investment legal framework in Ethiopia's FDI-development nexus
In: Getaneh , T A 2020 , ' The role of the investment legal framework in Ethiopia's FDI-development nexus ' , Doctor of Laws , Tilburg University .
Summary This dissertation examines whether FDI is working for development in the Ethiopian setting. It does so by bringing together theoretical and empirical research. It is widely acknowledged in the theoretical literature that FDI positively contributes to a host country's development through technology spillover, human capital formation, increasing employment opportunities and improving living standards. However, empirical investigations of the FDI- development nexus show that the positive contribution of FDI on development is not automatic and is instead shaped by certain preconditions. Based on the evaluation of these preconditions as intermediary factors that influence the FDI- development nexus, this study argues that FDI does not work in the same manner for developed and developing countries, as the economic and institutional capacity of these countries differ greatly. This study therefore contributes to the literature that challenges the one size fit all approach of FDI in development and emphasizes the need for FDI – its mechanisms and processes - to be approached and evaluated from country-specific perspectives. Thus, focusing on formal institutions – the investment legal framework – as one of the intermediary factors that could shape the role that FDI plays in development discourse and based on the insights drawn from the literature, the study examined the mechanisms of the FDI-development nexus in Ethiopia from two perspectives: the adequacy and implementation of mechanisms for attracting "quality FDI" and the transmission channels through which spillovers are captured. The latter was done by selecting two sub-sectors: mobile phones and textiles. The empirical research was composed of semi-structured interviews and data from government and international organizations. The main findings of this study are that the legal framework that regulates FDI attraction mechanisms is not integrated with the overall development goals that Ethiopia has set itself. This finding is confirmed by the case studies – i.e., the attraction mechanisms are not aligned with the development goals, in particular in targeting "quality FDI." Similarly, there is little evidence that the channels of transmission through which spillovers materialize is working in Ethiopia. The case studies identify the main barriers here to be the lack of an integrated FDI strategy, the lack of human resource capacity in regulatory institutions, limited institutional capacity and a lack of synergized policy formulation.
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Special Investigative Techniques For Human Trafficking Investigation In Ethiopia
Abstract Purpose of the study: The police have the responsibility of balancing the protection of the public from harm with respecting the human right of the suspect during the prevention and investigation of crimes. However; it is difficult to strike absolute balances since it is determined based on government police is due process or crime control model especially the case of special investigation techniques, which are the covert means of investigation of serious crime and criminals based on the principles of legality, necessity, proportionality, and adequate safeguard. The purpose of this doctrinal article is to evaluate the role of special crime investigation techniques for drug trafficking in Ethiopia. Methodology: Data were collected through document review and interview crime investigators, who were selected purposively since they have a direct relation. This is qualitative research and descriptive design. The collected data were analyzed thematically. Findings: The findings of this research revealed that there are some provisions of special investigation techniques in FDRE criminal justice policy, anti-human trafficking, and smuggling of migrant proclamation. However, these legal bases are not comprehensive such as the types of special investigation techniques, who conduct it, and how long the requirements to conduct these were not answered. Application: Therefore, the house of people representative should enact all-inclusive law on special investigation techniques for human trafficking in Ethiopia. The general attorney also should create awareness to the public about it. Novelty: Human trafficking investigation is challenging ous 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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Basis and Practices of Restorative Justice: The Case of the Ethiopian Criminal Justice System
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 a descriptive research design. The population of this study includes the victims, offenders, criminal justice system components, and traditional dispute resolvers. 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.
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Assessing the Limitations to Freedom of Expression on the Internet in Ethiopia Against the African Charter on Human and Peoples' Rights
In: African Human Rights Law Journal Vol 20(2) 2020
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Defining 'Hate Speech' under the Hate Speech Suppression Proclamation in Ethiopia: A Sisyphean exercise?
In: Ethiopian Human Rights Law Series Volume 12 (2020), in Sisay Alemahu (PhD) and Abadir Ibrahim (JSD) eds, Righting Human Rights through Legal Reform: Ethiopia's contemporary experience (Addis Ababa University Press)
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China's Recent Civil Law Codification in the Hightech Era: History, Innovations, and Key Takeaways
In: Tsinghua China Law Review, Band 13, Heft 1
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