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.
The role of international financial institutions in protecting the vulnerable during pandemics: Focus on World Bank in developing economies
Posted: 18 June, 2020 Filed under: Francis Kofi Korankye-Sakyi | Tags: access to justice, access to public services for the poor, COVID-19 pandemic, drafting of new legislation, economic growth, finance, healthy business environment, infrastructure, International Financial Institutions (IFIs), Legal empowerment, rule of law, sustainable development, Sustainable Development Goal 16, the rule of law, transparency, vulnerable persons, World Bank 2 Comments
Author: Francis Kofi Korankye-Sakyi
Development and International Trade Finance Expert
The importance of law in development discourse as captured under Sustainable Development Goal 16 is a critical factor in establishing and maintaining the rule of law by empowering the most vulnerable persons and groups in society to exercise their fundamental human rights against unfettered legal regimes and political leadership, especially in times of global crises.
The nexus between access to justice and the fostering of a healthy business environment, economic growth, access to public services for the poor, including the curbing of corruption and curtailing the abuse of power is well noted and must reflect on discussions in this period of the COVID-19 pandemic. In the era of crises, institutions emerge as products of deep thinking and serve the long-term interest of international peace and development. For instance, the Bretton Woods institutions comprising the International Monetary Fund (IMF) and the International Bank for Reconstruction and Development (IBRD) were creations after World War II in 1944. In this light, the invitation to these international bodies to rescue developing economies in this unhealthy time of COVID-19 is, therefore, a legitimate expectation. From 1959 to 1991, multinational development banks which constitute part of the International Financial Institutions (IFIs) emerged as a result of the difficulties of the development paradigms of the times and have continued to execute programmes and projects within such expectations. This article takes a look at the role of the World Bank in building the judicial capacities of developing economies during this pandemic and advocates for support for a stronger monitoring and regulatory mechanisms in the application of the funds provided by these institutions to ameliorate the sufferings of the masses for whom these funds are intended to benefit.
AfricLaw 