In an old English case [Richardson v. Melish, 2Bing. 228(251) Court of Common Pleas, England (1824)] Judge Burrough stated that public policy is “unruly horse and once you get astride to it, you do not know where it will carry you.” This judge has sufficient reason for saying public policy is unruly horse: case law and scholars have tried to define public policy; but none succeeded in giving a concise, precise, and short definition. Its concept remains controversial.
INTRODUCTION
Preamble of the United Nations (UN) Charter requires member states and the people of the UN “to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small”. In order to achieve this goal of the charter and secure universal recognition and implementation of human rights to their citizens’ member states of the United Nations entered into seven major human rights treaties.
Globalization is easing border restrictions and increasing travel opportunities. Perpetrators use globalization to avoid prosecution and justice. This problem can be solved by creating international cooperation between countries' criminal justice systems. Among others, Extradition has been used in handling transnational criminal matters. Extradition denotes the process of request made by a state to transfer a fugitive from another for purpose of prosecution.
The case between Salini Costruttori S.p.A v. AAWSA, ICC Case 10623, is very interesting. What makes the case appealing is the Ethiopian Supreme Court’s interference in the proceeding and the consequent explanation given by the arbitrator tribunal. By the application of AAWSA, the Ethiopian party, a respondent in the case, the Ethiopian court was convinced that the international arbitral panel was partial; hence, the court ordered the tribunal to cease the proceeding.
Unlike crimes like murder, theft and rape that are committed in one jurisdiction, corruption can take multiple jurisdictions. Hence, the fight against corruption is complex as it is supported by advanced technologies and confronted by jurisdiction barriers.
A Review of Williams and Beare in their article ‘The Business of Bribery: Globalisation, Economic Liberalisation, and the ‘Problem’ of Corruption’, present both sides of the story.
I was reading an article on Oromia Law Journal about the degree of court’s control on arbitration under the Ethiopian Arbitration Law. The writer divided the control into three parts: control via appeal (Art 351 of Civ.Pro.Code), set aside (Art 356 of Civ.Pro.Code) and homologation (Art 319(2) of Civ.Pro.Code). He said that courts unfairly arbitration via the avenue of appeal; set aside seems narrow and homologation isn’t included in the Amharic Version of the code, which is senseless; and must be redefined to set the standards of homologation under the Ethiopian Arbitration Law.
Anciently morality and religion were primary basis to govern the relationship between peoples. And there was no need to search for a law maker to enact laws that govern social relations. It was based on natural law that human relations were regulated. But, after a long and serious debate between legal scholars and philosophers it is determined that there must be a human made law to regulate human relations.
በሕዝብ እንባ ጠባቂ ተቋም የአስተዳደር ጥፋት የሚመለከት ምርመራ ለማካሔድ ስለአስተዳደር በደል በሚቀርብ አቤቱታ ሊጀመር ይችላል፡፡ ማለትም ተቋሙ በራሱ አነሳሽነት ከሚያደርገው ምርመራ በስተቀር ሁሉም በእንባ ጠባቂ በኩል የሚደረጉ ምርመራዎች ሥረ መሠረቱ ለተቋሙ የሚቀርብ አቤቱታ ነው፡፡
INTRODUCTION
This article is about “The police and human rights in Ethiopia”. Every state must respect, protect and fulfill human rights of human beings. The police as one part the executive organ of government, has its own obligations towards human rights. These include the obligation to respect and protect human rights. And police officers have also a direct and day-to-day contact with the entire society, which requires an enormous effort and patience of police officers to respect and protect human rights.