The Law and Policy of Foreign Investment Promotion and Protection in Ethiopia

An Appraisal of Theories, Practices and Challenges

Martha Belete Hailu, Zeray Yihdego

Research output: Chapter in Book/Report/Conference proceedingChapter (peer-reviewed)

Abstract

This article explores selected and topical features of Ethiopian foreign direct investment (FDI) law and practice in light of the laissez-faire (or liberal) and statist approaches to promoting and governing inward foreign investment. It particularly focuses on entry and operational requirements, including the extent to which some economic sectors are restricted to foreign investors, the rules of local content with emphasis on local employment, protection offered to investors and their investment, the aggressive state intervention in facilitating and attracting FDI, and some of the challenges affecting FDI such as the controversial large scale land deals between the government and foreign investors. By applying general doctrines and approaches of FDI law, it argues that the Ethiopian FDI legal framework is consistent with the trends and foundational standards of international investment law (IIL); it further finds that Ethiopian FDI law and practice are predominantly statist. While this approach to FDI can be acclaimed for attracting foreign investment and helping economic growth in developing countries like Ethiopia, lack of transparency, accountability and lack of strict adherence to local content rules and policies raise concerns. Addressing the various governance and other interpretive and technical challenges would be vital to building a healthy, sustainable and fair (foreign) investment regime to those who invest, to communities and to the country at large.
Original languageEnglish
Title of host publicationEthiopian Yearbook of International Law 2017
EditorsZ. Yihdego, M. G. Desta, M. B. Hailu, F. Merso
PublisherSpringer
Pages13-47
Number of pages35
ISBN (Electronic)9783319908878
ISBN (Print)9783319908861
DOIs
Publication statusPublished - 2018

Publication series

NameThe Ethiopian Yearbook of International Law (EtYIL)
PublisherSpringer
Volume2017
ISSN (Electronic)2522-5286

Fingerprint

theory-practice
Ethiopia
foreign investment
promotion
direct investment
Law
investor
job security
economic sector
lack
transparency
doctrine
economic growth
developing country
governance
responsibility

Cite this

Belete Hailu, M., & Yihdego, Z. (2018). The Law and Policy of Foreign Investment Promotion and Protection in Ethiopia: An Appraisal of Theories, Practices and Challenges. In Z. Yihdego, M. G. Desta, M. B. Hailu, & F. Merso (Eds.), Ethiopian Yearbook of International Law 2017 (pp. 13-47). (The Ethiopian Yearbook of International Law (EtYIL); Vol. 2017). Springer . https://doi.org/10.1007/978-3-319-90887-8_2

The Law and Policy of Foreign Investment Promotion and Protection in Ethiopia : An Appraisal of Theories, Practices and Challenges. / Belete Hailu, Martha; Yihdego, Zeray.

Ethiopian Yearbook of International Law 2017. ed. / Z. Yihdego; M. G. Desta; M. B. Hailu; F. Merso. Springer , 2018. p. 13-47 (The Ethiopian Yearbook of International Law (EtYIL); Vol. 2017).

Research output: Chapter in Book/Report/Conference proceedingChapter (peer-reviewed)

Belete Hailu, M & Yihdego, Z 2018, The Law and Policy of Foreign Investment Promotion and Protection in Ethiopia: An Appraisal of Theories, Practices and Challenges. in Z Yihdego, MG Desta, MB Hailu & F Merso (eds), Ethiopian Yearbook of International Law 2017. The Ethiopian Yearbook of International Law (EtYIL), vol. 2017, Springer , pp. 13-47. https://doi.org/10.1007/978-3-319-90887-8_2
Belete Hailu M, Yihdego Z. The Law and Policy of Foreign Investment Promotion and Protection in Ethiopia: An Appraisal of Theories, Practices and Challenges. In Yihdego Z, Desta MG, Hailu MB, Merso F, editors, Ethiopian Yearbook of International Law 2017. Springer . 2018. p. 13-47. (The Ethiopian Yearbook of International Law (EtYIL)). https://doi.org/10.1007/978-3-319-90887-8_2
Belete Hailu, Martha ; Yihdego, Zeray. / The Law and Policy of Foreign Investment Promotion and Protection in Ethiopia : An Appraisal of Theories, Practices and Challenges. Ethiopian Yearbook of International Law 2017. editor / Z. Yihdego ; M. G. Desta ; M. B. Hailu ; F. Merso. Springer , 2018. pp. 13-47 (The Ethiopian Yearbook of International Law (EtYIL)).
@inbook{1a743a0fb2f447d6b82f63477968984e,
title = "The Law and Policy of Foreign Investment Promotion and Protection in Ethiopia: An Appraisal of Theories, Practices and Challenges",
abstract = "This article explores selected and topical features of Ethiopian foreign direct investment (FDI) law and practice in light of the laissez-faire (or liberal) and statist approaches to promoting and governing inward foreign investment. It particularly focuses on entry and operational requirements, including the extent to which some economic sectors are restricted to foreign investors, the rules of local content with emphasis on local employment, protection offered to investors and their investment, the aggressive state intervention in facilitating and attracting FDI, and some of the challenges affecting FDI such as the controversial large scale land deals between the government and foreign investors. By applying general doctrines and approaches of FDI law, it argues that the Ethiopian FDI legal framework is consistent with the trends and foundational standards of international investment law (IIL); it further finds that Ethiopian FDI law and practice are predominantly statist. While this approach to FDI can be acclaimed for attracting foreign investment and helping economic growth in developing countries like Ethiopia, lack of transparency, accountability and lack of strict adherence to local content rules and policies raise concerns. Addressing the various governance and other interpretive and technical challenges would be vital to building a healthy, sustainable and fair (foreign) investment regime to those who invest, to communities and to the country at large.",
author = "{Belete Hailu}, Martha and Zeray Yihdego",
note = "The authors are grateful to the external reviewers, editors of the yearbook for their critical and constructive comments. In particular, the authors would like to thank Professor Melaku Desta for the invaluable ideas and suggestions he has offered on various versions of the article. Any error belongs to the authors.",
year = "2018",
doi = "10.1007/978-3-319-90887-8_2",
language = "English",
isbn = "9783319908861",
series = "The Ethiopian Yearbook of International Law (EtYIL)",
publisher = "Springer",
pages = "13--47",
editor = "Z. Yihdego and Desta, {M. G.} and Hailu, {M. B.} and F. Merso",
booktitle = "Ethiopian Yearbook of International Law 2017",

}

TY - CHAP

T1 - The Law and Policy of Foreign Investment Promotion and Protection in Ethiopia

T2 - An Appraisal of Theories, Practices and Challenges

AU - Belete Hailu, Martha

AU - Yihdego, Zeray

N1 - The authors are grateful to the external reviewers, editors of the yearbook for their critical and constructive comments. In particular, the authors would like to thank Professor Melaku Desta for the invaluable ideas and suggestions he has offered on various versions of the article. Any error belongs to the authors.

PY - 2018

Y1 - 2018

N2 - This article explores selected and topical features of Ethiopian foreign direct investment (FDI) law and practice in light of the laissez-faire (or liberal) and statist approaches to promoting and governing inward foreign investment. It particularly focuses on entry and operational requirements, including the extent to which some economic sectors are restricted to foreign investors, the rules of local content with emphasis on local employment, protection offered to investors and their investment, the aggressive state intervention in facilitating and attracting FDI, and some of the challenges affecting FDI such as the controversial large scale land deals between the government and foreign investors. By applying general doctrines and approaches of FDI law, it argues that the Ethiopian FDI legal framework is consistent with the trends and foundational standards of international investment law (IIL); it further finds that Ethiopian FDI law and practice are predominantly statist. While this approach to FDI can be acclaimed for attracting foreign investment and helping economic growth in developing countries like Ethiopia, lack of transparency, accountability and lack of strict adherence to local content rules and policies raise concerns. Addressing the various governance and other interpretive and technical challenges would be vital to building a healthy, sustainable and fair (foreign) investment regime to those who invest, to communities and to the country at large.

AB - This article explores selected and topical features of Ethiopian foreign direct investment (FDI) law and practice in light of the laissez-faire (or liberal) and statist approaches to promoting and governing inward foreign investment. It particularly focuses on entry and operational requirements, including the extent to which some economic sectors are restricted to foreign investors, the rules of local content with emphasis on local employment, protection offered to investors and their investment, the aggressive state intervention in facilitating and attracting FDI, and some of the challenges affecting FDI such as the controversial large scale land deals between the government and foreign investors. By applying general doctrines and approaches of FDI law, it argues that the Ethiopian FDI legal framework is consistent with the trends and foundational standards of international investment law (IIL); it further finds that Ethiopian FDI law and practice are predominantly statist. While this approach to FDI can be acclaimed for attracting foreign investment and helping economic growth in developing countries like Ethiopia, lack of transparency, accountability and lack of strict adherence to local content rules and policies raise concerns. Addressing the various governance and other interpretive and technical challenges would be vital to building a healthy, sustainable and fair (foreign) investment regime to those who invest, to communities and to the country at large.

U2 - 10.1007/978-3-319-90887-8_2

DO - 10.1007/978-3-319-90887-8_2

M3 - Chapter (peer-reviewed)

SN - 9783319908861

T3 - The Ethiopian Yearbook of International Law (EtYIL)

SP - 13

EP - 47

BT - Ethiopian Yearbook of International Law 2017

A2 - Yihdego, Z.

A2 - Desta, M. G.

A2 - Hailu, M. B.

A2 - Merso, F.

PB - Springer

ER -