In order for an audiovisual work to have protection, it must satisfy the test of originality of the work and be fixed in a medium for communication. Therefore, one has to find another definition that can reflect at least the core elements common in the most definitions of expropriation laws. There are great discontents in the research site of the study in Eastern Industrial Zone due to payment of low amount of compensation because of unscientific method of valuation. How far is the practice compatible with the law in the regional state? This study will analyze the current practice both in valuation methodology and compensation procedures and payments and make recommendations on how the issues mentioned above could be addressed in a fair and equitable manner. Background of the Study In rural residents of most developing countries, including Ethiopia, land is the main economic, political, social and cultural asset.
As a member of the federation, each regional state has its own constitution in which minority ethnic groups may or may not be recognized. Gaz, 3rd Year No. Hence, at least equity participation of foreigners is advisable. The rural citizens who have been affected by the expropriation are facing difficulties to restore their life because of low amount of compensation and due to lack of commitments from the part of expropriating authorities to help them rehabilitated and public purpose has become a looming crisis to the life the farmers. Both ERA and ORA have been exercising what they call a traditional right of way of adjacent land to roads it constructs which is 30 mts in extent.
Furthermore, he stated that payment of compensation in the case of expropriation is founded, among others, upon the justification that the public should not adis itself at the expense of its member and payment of compensation introduces disciplined taking. Nevertheless, sincethis practice has been banned and now in peri-urban areas only monetary compensation is being paid in the regional state. The main questions to be thesix under this part include: Expropraition and Public Purpose under the Ethiopian Laws………………………………48 3.
For instance, pursuant to Article 10 of the Chinese Constitution “[t]he State may, in the public interest and in accordance with the provisions of law, expropriate or requisition land for its use and shall make compensation for the land expropriated or requisitioned. This commentator has suggested this view in the context of colonial period where most countries of the world were underdeveloped and did not have a capacity to pay full compensation.
In this regard, it has been quoted that: This affects the capital mobilization capacity of banks in particular when viewed in relation to total exclusion of FDI and prohibition of an influential shareholder not to invest in another bank. A number of families have been displaced from their rural livelihood and migrated to urban areas to work on exploitive labour, prostitution, begging and others.
LLM Business Law Addis Ababa University
Structure of the Study…………………………………………………………………………. During the imperial government, it was relatively liberal and had fairly positive impact to the industry. This law reaffirms most of the principles ardis procedures followed by the preceding laws. It would be good if full-fledged documentation is made. To this extent, one scholar states: Thus, the issue as to the fairness and adequacy of amount and mode of compensation in Oromia regional state demands further research that will describe the practice and analyze the provisions of thesks related to the issue.
He has to say the following: In other words, according to this definition, the state has the right to take private property for public purposes.
More specifically, all possible efforts should be made by the U N Security Council. Coffee auction system in contrast was set up in As it is enacted under the present Constitutional framework, this piece of law considers the notion of expropriation from the perspective of the state or public ownership of land. Firstly, when they believe that it should be used for a better development project to be carried out by public entities, private investors, cooperative societies, or other organs; and the expropriation of property right may be decided by the appropriate higher Regional or Federal government organs.
This provision seems to narrow down the scope of public purpose. Besides, he reviewed the three approaches to valuation of property in the course of expropriation: Any ways it is a good attempt.
Power to Expropriate Landholdings……………………………………………………………78 4. Expropriation is a very intrusive power held by government.
Which mode of compensation is better to reinstate the farmers successfully? In this manner, it is possible to comprehend, from the former definition, that the organizations of the state which exercise the power should not lllm arbitrary or irregular. What the practice looks like in public investment institutional arrangement,in ethiopian enviroment?
Addisu Gulillat Teshama
Rather, the determination of public purpose is totally left to the woreda or urban administrations, which are authorized by law to be competent authorities to have a final say on the issue. Still it is not clear whether legislations adopted by the government both at the federal and regional levels adequately address the issue of just compensation for rural land expropriation, and whether the practice is compatible with the law regarding the amount of compensation to be paid and mode of valuation in Oromia regional state.
But Ethiopian law is too strict in this regard. Nevertheless, most interviewed displaced peasants have disclosed that they have not been advised to invest in other successful economic activity that could generate incomes to their livelihood.
It is, however, understood in a different ways by different stakeholders. There are certain obligations imposed on the use right holder by operation axdis law or by lease agreement based on the source of the title.
It thseis again remained vague why the legislature opts for going back?