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Standards for Provisional and Protective Measures in Civil Litigation: What Ethiopian Courts may Learn from US Courts

Standards for Provisional and Protective Measures in Civil Litigation: What Ethiopian Courts may... GEBREYESUS ABEGAZ YIMER I. DEFINITIONS, CONCEPTS AND RELEVANCE OF PROTECTIVE AND PROVISIONAL MEASURES A. Definitions and concepts of protective and provisional measures Defining protective and provisional measures is a difficult task mainly for two reasons. Firstly, protective and provisional measures can be used by courts to address different problems. Secondly, different jurisdictions have designed different protective and provisional measures.1 These two reasons make providing universally acceptable definitions for protective and provisional measures a challenging task. During the process of drafting The Hague Conventions there was an attempt to define protective and provisional measures.2 However, the idea was dropped later because of the great variety of these measures and it was believed that there was no clear purpose to be achieved by providing a definition for protective and provisional measures.3 The working group on protective and provisional measures came with the following definitions for the 19th session of The Hague Conference in June 2001:4 a. a measure to maintain the status quo pending determination of the issues at trial; b. a measure providing a preliminary means of securing assets out of which ultimate judgment may be satisfied; and, Assistant Professor of Law, Mekelle University, School of Law; LLB (Haromaya http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

Standards for Provisional and Protective Measures in Civil Litigation: What Ethiopian Courts may Learn from US Courts

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Publisher
Edinburgh University Press
Copyright
© Edinburgh University Press 2016
Subject
Articles; African Studies
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/ajicl.2016.0157
Publisher site
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Abstract

GEBREYESUS ABEGAZ YIMER I. DEFINITIONS, CONCEPTS AND RELEVANCE OF PROTECTIVE AND PROVISIONAL MEASURES A. Definitions and concepts of protective and provisional measures Defining protective and provisional measures is a difficult task mainly for two reasons. Firstly, protective and provisional measures can be used by courts to address different problems. Secondly, different jurisdictions have designed different protective and provisional measures.1 These two reasons make providing universally acceptable definitions for protective and provisional measures a challenging task. During the process of drafting The Hague Conventions there was an attempt to define protective and provisional measures.2 However, the idea was dropped later because of the great variety of these measures and it was believed that there was no clear purpose to be achieved by providing a definition for protective and provisional measures.3 The working group on protective and provisional measures came with the following definitions for the 19th session of The Hague Conference in June 2001:4 a. a measure to maintain the status quo pending determination of the issues at trial; b. a measure providing a preliminary means of securing assets out of which ultimate judgment may be satisfied; and, Assistant Professor of Law, Mekelle University, School of Law; LLB (Haromaya

Journal

African Journal of International and Comparative Law – Edinburgh University Press

Published: Aug 1, 2016

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