Type de ressource
Auteur/contributeur
- Simo, Regis Yann (Auteur)
Titre
Law and Development à L'Africaine: Evidence from the OHADA's Harmonization Process
Résumé
Until recently, doing business in developing countries, and in Sub-Saharan Africa in particular, was associated with high risk. Although each investment decision is associated with some risk, there are always obligations incumbent on host States in that regard. However, when domestic law is too obsolete to match the requirements of an evolving investment and commercial environment which it is supposed to regulate, and when its effects are unpredictable, one of the fundamental conditions for attracting investment goes missing. This eventually underscores the need for a legal reform. The phenomenon of 'globalisation' on the one hand, and the need for (developing) countries to integrate their economies into the global market, on the other hand, considerably accentuated the postulate of development through law.Against this background, some African countries, at the dawn of the 1990s, felt a need to 'modernise' their legal systems for the major part inherited from colonialism. In this vein, they entrusted a supranational organ, the OHADA, to perform that legal reform. This paper is an attempt to test the OHADA against the discourse of law as a development engine. Furthermore, this is an assessment of the extent to which OHADA, as a legal tool, could be useful in serving the purpose of regional integration and economic growth in Africa.
Publication
African Yearbook of International Law
Volume
20
Pages
323-357
Date
2014-11-11
Langue
EN
Titre abrégé
Law and Development a L'Africaine
Référence
Simo, R. Y. (2014). Law and Development à L’Africaine: Evidence from the OHADA’s Harmonization Process. African Yearbook of International Law, 20, 323–357. https://doi.org/10.1163/22116176-90000150
Thématiques
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