Some reflections on the harmonisation of business law in Francophone Africa and constitutionalism
Posted: 3 February, 2021 Filed under: Balingene Kahombo, Trésor Makunya | Tags: African Union, Benin, Burkina Faso, business law, colonialism, constitutionalism, Democratic Republic of Congo (DRC), economic interests, economy, finance, France, Francophone Africa, Free enterprise, French, Gabon, legal harmonisation, liberal approach, neo-colonialism, OAU, OHADA, private initiative, RECs, regional integration 1 Comment |
Author: Balingene Kahombo Professor of Public Law and African International Relations, Faculty of Law, University of Goma (Democratic Republic of Congo) |
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Author: Trésor M. Makunya Doctoral Candidate & Academic Associate, Centre for Human Rights, Faculty of Law, University of Pretoria (South Africa) |
Context
The Organisation for the Harmonisation of Business Law in Africa (OHADA) is a supranational organisation established by the Treaty of Port-Louis of 17 October 1993 to standardise business legislation and regulation in Africa. It was believed that the creation of OHADA will attract foreign investors because its norms increase legal and judicial security and certainty. The imperfection, disparity and inaccessibility of existing business-related legal rules and judicial institutions were identified as major problems to address. The OHADA sought to combat the ‘backwardness’ of African business law by adopting legislation regulating different aspects of business, such as company law, simplified recovery procedures and enforcement measures, and labour law. These laws are known as uniform acts.
AfricLaw 