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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The ECOWAS Treaty as a legal tool for the adoption of OHADA Treaty and laws by Anglophone ECOWAS states
Author:Akinbode, AkinISNI
Year:2008
Periodical:Penant: revue de droit des pays d'Afrique
Volume:118
Issue:865
Pages:446-464
Language:English
Geographic term:Subsaharan Africa
Subjects:commercial law
African agreements
OHADA
ECOWAS
economic integration
Abstract:The Economic Community of West African States (ECOWAS) (Benin, Burkina Faso, Cape Verde, Ivory Coast, Gambia, Ghana, Guinea, Guinea Bissau, Liberia, Mali, Niger, Nigeria, Senegal, Sierra Leone, and Togo) is a regional group established by a Treaty in 1975 to promote economic integration in all fields of economic activity. All the Anglophone countries in ECOWAS operating the Anglo-Saxon legal system are effectively surrounded by Francophone OHADA countries operating the civil law system and the OHADA Treaty and laws. All but two (Cameroon and Chad) of the OHADA countries surrounding the ECOWAS Anglophone countries are members of ECOWAS. The geographical conglomeration of the Francophone and Anglophone ECOWAS States creates a natural avenue for the introduction of the OHADA Treaty and laws in the Anglophone countries with the ultimate goal of adopting the Treaty and laws. The issue is whether or not the adoption will be wholesale, and with or without modifications. Whichever option is proposed will lead to harmonization of the civil law and common law systems of business laws. This paper offers practical suggestions for the introduction and adoption of the OHADA Treaty and OHADA Treaty-based harmonized business laws in the Anglophone ECOWAS States. The interface between the key legal institutions established under the OHADA and ECOWAS treaties is an important area in the process of harmonization and the defining of strategies for the adoption of the respective treaties. The contract for the West Africa Gas Pipeline Project which encompasses Anglophone States such as Ghana and Nigeria and Francophone States such as Togo and Benin is highlighted. Notes, ref., sum. in French. [ASC Leiden abstract]