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The benefits of OHADA’s regulatory and institutional framework
As much as OHADA aims to improve the legal environment for business, the harmonisation process should be seen as a “technical tool” of economic integration with several advantages.178 The principal advantage lies in OHADA’s creation of a secure legal environment for its member states and investors. Before 1993, there was a combinationof different laws, many of which were outdated, dating back to the 19th century. As a consequence, investors wanting to invest in the region encountered numerous difficulties in trying to understand different legal traditions, for which very little literature existed.179 OHADA has eradicated this impediment by issuing modern commercial laws180 that now govern many commercial aspects.
Member states are provided with modern commercial laws which are accessible through publications in the OHADA Official Gazettes, the International Law Institute of French Expression and Inspiration’s annotated Code,181 as well as on the website www.ohada.com. The website is operated by the African Association for a Unified System of Business Laws in Africa (UNIDA).182 Through the website, the Uniform Acts, the judgments, and advisory opinions of the CCJA, have been published. The merits of the Uniform Acts are evident in the assistance they provide in the identification of applicable laws, the limitation of legal conflicts and the encouragement of cross-border transactions among member states.
CHAPTER 1: GENERAL INTRODUCTION
1.1 Introduction
1.2 Regional Economic Integration Schemes: Overview of OHADA and the SADC
1.3 Research Problem
1.4 Research Objectives
1.5 Research Methodology
1.6 Significance of Research
1.7 Literature Review
1.8 Scope of Researc
1.9 Structure of the Thesis
1.10 Key Words
CHAPTER 2: THE ORGANISATION FOR THE HARMONISATION OF BUSINESS
LAWS IN AFRICA (OHADA) SYSTEM: AN OVERVIEW OF SOME BENEFITS AND
PROBLEM AREAS
2.1 Introduction
2.2 Background to the Organisation for the Harmonisation of Business Law in Africa
2.3 The Constitutional Validity of the OHADA Treaty in Cameroon
2.4 The Benefits of OHADA’s Regulatory and Institutional Framework
2.5 Problems in the OHADA System and the Way Forward
2.6 Conclusion
CHAPTER 3: THE OHADA INSTITUTIONAL STRUCTURES AND REGULATORY FRAMEWORK
3.1 Introduction
3.2 The OHADA Institutional Structure
3.3 The OHADA Regulatory Framework
3.4 Conclusion
CHAPTER 4: THE SADC LEGAL FRAMEWORK AND SOME COMPARISONS WITH
THE OHADA’S LEGAL FRAMEWORK
4.1 Introduction
4.2 The Institutional Structure of the SADC.
4.3 A Comparison of the SADC and OHADA.
4.4 The Need for a Uniform Commercial Law Structure in the SADC
4.5 A Uniform Commercial Law Structure and the SADC Structure
4.6 Conclusion
CHAPTER 5: THE OHADA STRUCTURE AS A POSSIBLE MODEL FOR THE
DEVELOPMENT OF A COMMERCIAL LAW STRUCTURE IN THE SADC
5.1 Introduction
5.2 The OHADA Structure as a Possible Model for the SADC
5.3 Lessons for the SADC
5.4 Conclusion
CHAPTER 6: COMPARATIVE NOTES ON THE HARMONISATION OF LAWS WITHIN VARIOUS REGIONAL INTEGRATION ARRANGEMENTS IN AFRICA AND THE EUROPEAN UNION
CHAPTER 7: INTERNATIONAL INSTRUMENTS: BASIS FOR DEVELOPING UNIFORM COMMERCIAL RULES
CHAPTER 8: POLICY CONSIDERATION AND RECOMMENDATONS FOR THE DEVELOPMENT OF A UNIFORM COMMERCIAL LAW STRUCTURE IN THE SADC
AND IMPROVEMENT OF THE CURRENT SADC STRUCTURE
