Image de Google Jackets
Vue normale Vue MARC vue ISBD

African Harmonization of Business Law

Par : Type de matériel : TexteTexteLangue : français Détails de publication : 2004. Ressources en ligne : Abrégé : This article presents an assessment of ten years of implementation of the African Harmonization of Business Law Treaty (OHADA) of 1993. The aim of the treaty was to create a united economic zone in Francophone Africa, especially with a view to inviting foreign investment. In a first part, the author describes the system from institutional and normative points of view. From an institutional point of view, two main institutions were set up: a Council of Ministers, and a Common Court of Justice and Arbitration. A Permanent Secretary is in charge of assisting the Council. A Regional Training Center for judges was also created. From a normative point of view and in order to gradually unify national business legislation, the Council is competent to adopt uniform acts ( actes uniformes). Those acts do not need to be nationally implemented in order to come into force in member states, yet they have a degree of direct effect. They also take precedence over national legislation. It may be said that a whole new legal system had been put in place within just ten years. However, the author acknowledges that a great deal remains to be done to achieve the ambitious aims of the 1993 treaty. Existing bodies need to be reinforced and work on a more rational basis. Both the Council of Ministers and member states should ensure broader public acceptance of the uniform acts in force. Arbitration should be developed, and relationships with economic transnational organizations operating in the zone should be clarified. As features of criminal law within the new uniform business law are still lacking or underdeveloped, further effort should be made in this respect.
Tags de cette bibliothèque : Pas de tags pour ce titre. Connectez-vous pour ajouter des tags.
Evaluations
    Classement moyen : 0.0 (0 votes)
Nous n'avons pas d'exemplaire de ce document

90

This article presents an assessment of ten years of implementation of the African Harmonization of Business Law Treaty (OHADA) of 1993. The aim of the treaty was to create a united economic zone in Francophone Africa, especially with a view to inviting foreign investment. In a first part, the author describes the system from institutional and normative points of view. From an institutional point of view, two main institutions were set up: a Council of Ministers, and a Common Court of Justice and Arbitration. A Permanent Secretary is in charge of assisting the Council. A Regional Training Center for judges was also created. From a normative point of view and in order to gradually unify national business legislation, the Council is competent to adopt uniform acts ( actes uniformes). Those acts do not need to be nationally implemented in order to come into force in member states, yet they have a degree of direct effect. They also take precedence over national legislation. It may be said that a whole new legal system had been put in place within just ten years. However, the author acknowledges that a great deal remains to be done to achieve the ambitious aims of the 1993 treaty. Existing bodies need to be reinforced and work on a more rational basis. Both the Council of Ministers and member states should ensure broader public acceptance of the uniform acts in force. Arbitration should be developed, and relationships with economic transnational organizations operating in the zone should be clarified. As features of criminal law within the new uniform business law are still lacking or underdeveloped, further effort should be made in this respect.

PLUDOC

PLUDOC est la plateforme unique et centralisée de gestion des bibliothèques physiques et numériques de Guinée administré par le CEDUST. Elle est la plus grande base de données de ressources documentaires pour les Étudiants, Enseignants chercheurs et Chercheurs de Guinée.

Adresse

627 919 101/664 919 101

25 boulevard du commerce
Kaloum, Conakry, Guinée

Réseaux sociaux

Powered by Netsen Group @ 2025