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Periodical article | Leiden University catalogue | WorldCat |
Title: | Towards the harmonisation of laws in Africa: is OHADA the way to go? |
Author: | Fagbayibo, Babatunde |
Year: | 2009 |
Periodical: | The Comparative and International Law Journal of Southern Africa (ISSN 0010-4051) |
Volume: | 42 |
Issue: | 3 |
Pages: | 309-322 |
Language: | English |
Geographic term: | Africa |
Subjects: | unification of law OHADA |
Abstract: | OHADA, Organisation pour l'Harmonisation du Droit des Affaires en Afrique, is widely seen as one of the more successful legal harmonization experiments in Africa. Through the harmonization of laws, OHADA aims to attract foreign investment and thus improve the economies of its member States. This paper examines the prospect of continental legal harmonization through the prism of OHADA. It looks at the membership of OHADA, the OHADA Treaty and institutional framework. It notes that while there is no doubt that OHADA has the potential of being the model law for continental legal harmonization, French language dominance, differing legal traditions (civil law, common law) and a democratic deficit represent some of the impediments to the realization of this goal. Suggestions on how to proceed with continental harmonization conclude the article. Notes, ref., sum. [Journal abstract, edited] |