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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The Harmonization of Business Law in Africa: Is Article 42 of the OHADA Treaty a Problem?
Author:Enonchong, NelsonISNI
Year:2007
Periodical:Journal of African Law
Volume:51
Issue:1
Pages:95-116
Language:English
Geographic term:Cameroon
Subjects:OHADA
African agreements
official languages
civil and political rights
External link:http://journals.cambridge.org/abstract_S0021855306000222
Abstract:The primary function of the Organization for the Harmonization of Business Law in Africa (OHADA) is to modernize and harmonize the business laws of member States. The wider objective of OHADA is to attract foreign investment into the OHADA zone and to achieve economic integration in Africa as whole, as other African countries join OHADA. However, article 42 of the treaty establishing OHADA stipulates that French is the working language of the organization. This paper argues that this provision does not facilitate the goal of economic integration in Africa and that in one member State, Cameroon, article 42 presents serious constitutional and human rights difficulties. The paper suggests that article 42 should be amended in order to make it easier for key OHADA objectives to be attained and in order to remove the serious problems created in Cameroon. App., notes, ref., sum. [Journal abstract]
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