2023-24 - Conflict of Laws Course Syllabus - Gayzibayso

ADDIS ABABA UNIVERSITY
SCHOOL OF LAW
LLB Regular program (2023/24 A.Y)
Semester II
Conflict of Laws Course Syllabus
Instructor: Getachew B. Gayzibayso

Email: getachew.bezu@aau.edu.et
Office: 1st floor of the School of Law Bldg.
Consultation hours: Up on appointment
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General Information
Course Title: Conflict of Laws
Course Code: Laws3044
Credit Hour: 3
Class Schedules: Section One: Tuesday- 2:30- 10:00 am
Wednesday- 10:40am-12:10 pm
Section Two: Wednesday- 10:40am-12:10 pm
Tuesday- 10:40am-12:10 pm
Room: Mandela Bldg.104/105
Course Description
Conflict of Laws, otherwise known as Private International Law, is a branch of law that
embodies rules that apply to cases arising between private persons or states engaged in
private transactions with contacts with two or more legal units. At the heart of conflict of
laws is the presence of foreign element. Conflict of laws rules are juridical attempts to
address disputes containing foreign element in a way that produces consistent and just
outcome.
The discipline basically concerns itself with three issues: the question of judicial
jurisdiction, the question of choice of law, and finally, the question of recognition and
enforcement of foreign judgments and arbitral awards.
Course Objectives
 Understand the notion, basic principles and the major theories of Conflict of Laws
 Appreciate the relevance of Conflict of Laws in the contemporary
world
 Comprehend different connecting factors that help to determine
the applicable law
 Understand the state that Conflict of Laws rules are in Ethiopia
1
Course Outline
Chapter One: Introduction to Conflict of Laws

1. General Introduction
2. Nomenclature and Definitions
3. Nature
4. Scope
5. Raison d’être
6. Functions
7. Origin and Development
8. Interstate and International Conflicts of Laws
9. Tendencies towards unification of conflict of laws
10. Conflict of Laws under the Ethiopian Legal System
Chapter Two: Judicial Jurisdiction

1. Introduction
2. Theories of Judicial Jurisdiction
3. Limitations on the Exercise of Judicial Jurisdiction
4. Classification of Judicial Jurisdiction
5. Judicial Jurisdiction of Ethiopian Courts
Chapter 3: Choice of Law

1. Choice of Law Methods
 Unilateral
 Multilateralism
 Substantive Law
2. Choice of Law Process
 Characterization
 Renvoi
3. Public Policy and Rules of Immediate Application
4. The Incidental Question
5. Foreign Law: Status, Notice and Proof
6. Evasion/ Fraud
7. Choice of Law in a Federal Setup
 The US Experience
 In the FDRE
8. Choice of Laws in Special Area of Laws (to be covered by group assignments)
2
Chapter 4: Recognition and Enforcement of Foreign Judgments and Arbitral
Awards
1. Introduction
2. The Rational behind Recognition and Execution of Foreign Judgment
3. Theoretical Basis for Recognition and Enforcement
4. Modes of Execution of Foreign Judgments
5. Conditions for Recognition and Enforcement
6. Defences to Recognition and Enforcement
7. Execution of Foreign Judgments in Ethiopia
Mode of Delivery
Lectures and class discussions
Proposed Method of Assessment
 Mid-term exam: 20%
 Assignment: 25%
 Attendance: 5%
 Final Examination: 50%
Reading Materials
1. Araya Kebede and Sultan Kassim, Conflict of Laws Teaching Material, 2009
2. Benyam Tafesse, Private International Law (Conflict of Laws) Distance Learning
Material, 2008
3. Robert Allen Sedler, The Conflict of Laws in Ethiopia, (1965, Haile Selasie I University in
association with Oxford University Press)
4. Ibrahim Idris, Materials for the Study of Private International Law in Ethiopia
(Unpublished), Addis Ababa University, 1993
5. Samuel Teshale, "Towards Rationalizing judicial Jurisdiction in Ethiopia," 8 Tilburg
Foreign Law Review
6. Samuel Teshale, "Reciprocity with Respect to Enforcement of Foreign Judgments in
Ethiopia: A Critique of the Supreme Court's Decision in the
7. Tecle HagosBahta, Recognition and enforcement of foreign arbitral awards in civil and
commercial matters in Ethiopia, Mizan LAW Review, Vol. 5 No.l, Spring 2011
8. Dicey, Morris and Collins on the Conflict of Laws, London: Sweet & Maxwell, 14th
revised edition, 2008G.C.
9. Cheshire, P.M. North and J.J. Fawcett, Private International Law, Oxford: Oxford
University Press, 14th edition, 2008
10. Peter Stone, EU Private International Law; Cheltenham, Edward Elgar Publishing
Limited, 2008
11. R.H. Graveson., Conflict of Laws, Private International Law, (1974, Sweet and Maxwell)
3
12. G. Cheshire, Private International Law (1992)
13. L.Collins (ed), Dicey and Morris on Conflict of Laws (1993)
14. Andargachew Dagnew, 'Conflict of Laws in the present federal system of Ethiopia/
Senior Thesis, Faculty of Law, Addis Ababa University, 07/2000
15. Araya Kebede, 'Interstate Conflict of Family Laws in the F.D.R.E, The Choice of Law
Aspect" Senior Thesis, 06/2004
Laws
1. Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York,
1958) (the "New York Convention")
2. Civil Procedure Code of the Empire of Ethiopia of 1965
3. F.D.R.E. Constitution, 1995, Proclamation No.1/1995
4. F.D.R.E Courts Proclamation, proclamation No.25/1996
5. Draft proclamation to Provide for Federal Rules of Private International Law, prepared
by Justice and Legal System Research Institute
6.
7. The Convention on the Recognition and Enforcement of Foreign Arbitral Awards
Ratification Proclamation No.1184/2020
Cases
1. Case of Verginella V. Antoniani,
2. Abebech Wolde V. Estate of Signor Konstantinov Escrapino
3. Nediya Chartes V. Estate of Antonio Chartes
4. Dr. Henry Colombo V. Andrel Lewis Herald
5. W/ro Astraid Debahian Jerahian V. Estate of Mr. George Jerahian
6. Brigadier General Tafesse Ayalew V.Clarville A.J Co. and Mr. Robert William
7. W/ro Aynalem Demoz V. Peter Beckensil
8. Federal Supreme Court Cassation Decisions Vol.21/123200
15. Federal Supreme Court Cassation Decisions Vol---28883

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ADDIS ABABA UNIVERSITY

Instructor: Getachew B. Gayzibayso

Chapter One: Introduction to Conflict of Laws

Chapter Two: Judicial Jurisdiction

Chapter 3: Choice of Law

2. Civil Procedure Code of the Empire of Ethiopia of 1965

3. F.D.R.E. Constitution, 1995, Proclamation No.1/1995

4. F.D.R.E Courts Proclamation, proclamation No.25/1996

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