Exploring the Dynamics of Ethiopian Administrative Contract Law: Principles, Regulations, and Interactions with Other Government Contract Law

Abstract

The legal framework governing administrative contracts in Ethiopia is essential for
government contracts involving public services, works, and goods. However, uncertainties
persist in Ethiopian legal practice regarding the applicability of traditional administrative
contract law due to several key issues. This article critically examines relevant Ethiopian
laws related to government contracts, Federal Supreme Court Cassation Bench Decisions,
and various literature on administrative contract jurisprudence, as well as practices of other
jurisdictions with similar legal norms. The study is geared towards assessing various
problems, including the lack of a clear and evolving definition developed by the judiciary on
the types of administrative contracts, the absence of uniformity in applicable laws for
similar government contracts, and the development of different laws such as public-private
partnerships, procurement contract laws, and investment contracts without a clear
delineation of the interrelations between them. Furthermore, the lack of understanding of
the different goals of these laws poses significant challenges. Additionally, problems arise
from the Ethiopian administrative contract legal regimes, such as the absence of specificity
in determining administrative contracts, leading to disputes between parties and potential
violations of due process of law. To this effect, the article recommends the harmonization of
related laws, specifying the relationship with preexisting legislations in newly enacted and
related laws.