Bibliographie sélective OHADA

This study investigates the impact and importance of the legal regulation of trade union recognition and associated challenges in South Africa. It evaluates the current regulation of trade union recognition, including legislation and judicial attitudes apparent from the interpretation, application, and enforcement of such legislation, to ascertain its continued appropriateness in the current South African industrial relations environment. The study considers the policy choices of both voluntarism and majoritarianism underlying the Labour Relations Act 66 of 1995 (“LRA”) and the “workplace” constituency to which it applies as factors that might be contributing to challenges experienced in the current regulation of collective bargaining in South Africa. It evaluates the current model of trade union recognition and representativeness as it applies to the acquisition by trade unions of organisational rights, collective bargaining rights and trade union recognition for purposes of retrenchment consultation. It recognises that the specific model chosen to regulate the representative status of trade unions has a significant effect on the ability of trade unions to organise and conclude collective agreements and, as such, on the distributive effects of such agreements in the labour market and broader society. The study commences with an historical overview of the regulation of trade union recognition under the 1956 LRA and thereafter considers the 1995 LRA as a product of criticism against the 1956 LRA. Specific issues considered, largely based on the analysis of the relevant decisions by the Constitutional Court, include the following: the impact of Constitutional Court jurisprudence relating to trade union recognition on the process of collective bargaining and on the legal regulation of the right to strike; the role of representativeness and its link with the workplace as the constituency for recognition and acquisition of organisational rights; the often winner-takes-all effect of the current model on collective bargaining as a major cause of labour unrest; the reactive role the legislature has played over the past, almost three decades to address challenges; the extent to which intervention should take place to safeguard the institution of collective bargaining from being undermined as well as the regulation of collective agreements as the product of collective bargaining and as the primary source of terms and conditions of employment. The comparative review of Canadian law focuses on a number of issues selected specifically for their potential to provide insights into how the weaknesses in South African regulation may be remedied. This includes insights into the accommodation of special or significant minority interests and how to address recognition in the context of multi-location employers. The thesis concludes with remarks on the insights gained from the Canadian model and the 1956 LRA. Where appropriate, suggestions are made on the way forward for South Africa as to the appropriate regulation of trade union recognition and representativeness.

For several decades, environmentalists have raised the alarm regarding the impending environmental catastrophe that results from the Anthropocene. Much attention has been given to the role that States play in contributing to ecological damage being wrought upon the Earth. However, we have only looked at the environmental destruction perpetrated by multinational companies (“MNCs”) in the past decade. Natural disasters like the Deepwater Horizon explosion have placed MNCs' dangerous impact on the environment in sharp relief. At the same time, revelations in the Carbon Majors Report and global litigation quantify the damage MNCs cause to the environment. Multinational companies (“MNCs), as a result of globalisation and trade liberalisation, are powerful entities within the global economy. Despite their size, MNCs remain primarily unregulated in international human rights law. Debates regarding who bears the duty for human rights intersect with a battle of political will between the Global North and Global South for developing binding human rights duties for MNCs. As a result, they can commit environmental harm, especially in the Global South, with relative impunity due to a lack of effective liability mechanisms. The doctrine of separate legal personality creates specific issues for holding MNCs liable for environmental harms in the Global South. Domestic courts in home States struggle to exercise jurisdiction over the environmental harms MNCs commit. In contrast, systemic barriers in host States create situations where victims are unable to seek redress within their State. To address these concerns, this thesis proposes a global liability regime founded on the principle of integrated regulation. This regime will utilise regulation at the institutional, national and international levels to enforce the environmental obligations of MNCs, rooted in the right to a healthy environment. This gives rise to multiple intersection human rights obligations which will regulate the behaviour of MNCs. This thesis recognises that such a framework requires a drastic reform in how the law and companies are conceptualised. However, such a reform would have wide-reaching implications for vindicating human rights violations.

This thesis investigates the relationship between cross-country mandatory environmental, social and governance (ESG) regulations and firm-level outcomes, such as ESG performance, corporate finance, and investment, for both developing and developed countries. ESG performance is initially examined to determine whether mandatory ESG regulations affect it and to what extent. Second, the study investigates the impact of mandatory ESG on corporate finance and investment. Lastly, the study explores whether mandatory ESG regulations affect firm-level outcomes based on countries' governance and economic systems, and industries. The study uses a large sample of 69,010 firm-years across 73 countries, over the period 2005 – 2020 to address the foregoing issues. In addressing the impact of mandatory ESG regulations on ESG performance, the study employs a difference-in-differences (DiD) design. The DiD technique can isolate the effect of regulatory shocks to firm-level outcomes. According to the DiD analysis conducted, cross-country mandatory ESG improves firm-level ESG performance in developed countries, but not in developing countries. The study also concludes that mandatory ESG regulations have a positive impact only on ESG components in developed countries and have a more dominant impact on environmental (E) component. The findings are robust to a range of checks and test cases, including a triple DiD design set-up and propensity score-matched sample. The study employs an investment Euler equation framework and generalised method of moments (GMM) estimators to explore how mandatory ESG impacts corporate finance and investment. Euler frameworks account for the dynamic nature of investment, whereas GMMs account for endogenous dynamics in dynamic models. The study demonstrates that mandatory ESG increases corporate investment by increasing firms' access to external funds. The findings are robust to a battery of tests, including a triple DiD design set-up, propensity score-matched sample and the parallel trends assumption. Using an investment Euler equation framework and the GMM estimators, the study explores whether the impact of mandatory ESG on corporate finance and investment is dependent on a country's governance and economic system. When mandatory ESG is affected by country factors such as governance systems and economic well-being, the effect of mandatory ESG on investment via internal finance channel persists, according to the study. However, while consistent results are found in developed countries, inconsistent results are found in developing countries. According to the study, oil, gas, and mining firms are likely to respond effectively to mandatory ESG regulations because of increased scrutiny and pressure. Overall, the findings from the study imply that cross-country mandatory ESG has had a positive impact on corporate ESG performance, finance, and investment. For firms located in developed countries, these findings hold consistently, while for those located in developing countries, the opposite holds true. Also, the study reveals that firms in the oil, gas, and mining industries effectively respond to regulatory requirements. As a result, this study provides policy makers and accountants with an understanding of how mandatory ESG impacts firm ESG activities and performance, which is crucial for regulatory reforms.

This paper discusses the practice of Corporate Social Responsibility (CSR) and its challenges in Sub-Saharan Africa. The main purpose is to highlight and clarify the gaps between CSR regulations and human rights abuses caused by business organizations.

The health of a country’s banking system is a key determinant to the development of the country. A fragile banking system portends danger not only to the financial system but the entire economy. This study investigates the state of the Nigerian banking system in terms of stability or fragility from 1981 to 2020. We used the banking system fragility index (BSFI) proposed by Kibritçioğlu (2003) to analyze Nigerian banking industry aggregate data from three risk areas: credit, market and liquidity. We estimated that out of the 40 years examined, the banking system was fragile for 23 years given their BSFI less than 0 while it was not fragile for 17 years with BSFI = 0 or greater. We found that most of the years when the Nigerian banking system was fragile were periods of relaxed monetary policies, deregulation and credit expansion. Secondly, the years of banking system stability were when the county’s banking system was subjected to stiff regulation and consolidation. Given the number of years that the system was fragile, we observed that sustained economic growth and development requires that the banking system remain strong as long as possible, and that the Nigerian situation could not promote this important objective. We recommend that the financial regulatory authorities put in place more stringent policies as banks are more fragile during the deregulation of the banking industry.

Recent scandals have brought rankings to the forefront of the legal profession. Several of the most prestigious academic institutions have withdrawn from being ranked, citing the problematic nature of the rankings. However, rankings persist for both legal academics and practice, and there is substantial sentiment to improve the methodologies, with little detail as to how to improve. In this paper, we rank law firms on their clients’ IPO performance. We focus on the most relevant outcomes: litigation, first-day returns, disclosure, and legal fees. The focus on these measures provides benefits relative to other methodologies, which typically focus on inputs or size-related characteristics. Namely, this ranking is less manipulable and more accurately captures performance metrics that matter most to clients’ shareholders. Our rankings control for observable and unobservable deal characteristics, which helps ensure we capture law firm quality, not client traits. With the rankings based on legal fees, potential clients can compare the benefits of a particular law firm (e.g., lower litigation or higher selling prices) against the additional cost of hiring a higher-quality law firm. Hence, our rankings allow for a value-for-the-money comparison of law firms for clients selling shares in an IPO.

State-owned enterprises (SOEs) have recently gained prominence in global markets and feature among the world’s most influential enterprises. The aim of this research project is to analyse the international norms in force regulating whether SOEs are considered state or non- state actors, and their conduct state or non-state conduct, the interpretation and application of these norms by adjudicators in different international regimes, and to provide alternative prisms through which these rules and decisions can be assessed and re-thought by political actors. I show that, in relation to SOEs, the concepts ‘state and ‘act of state’ have been ascribed diverse meanings by adjudicators and other international actors, who have employed legal standards with divergent wording and thresholds when dealing with similar questions. I argue that the fragmented meaning of these terms should be understood, in part, as a result of the inherent malleability of these terms and the different expert vocabularies employed across regimes. It is exhibited that adjudicators in the international trade and investment regimes are more inclined towards piercing the corporate veil of SOEs, potentially evidencing the existence of biases against SOEs, which are perceived as inherently economically inefficient and politically motivated actors in an indiscriminatory manner. In the last chapter, I introduce alternative lines of thought regarding the regulation of SOEs in international law. I suggest that, instead of engaging in theoretical discussions on the proper delineation between the public and the private sector, it is more useful to focus on the distributional impact of international rules on various actors, especially on developing and emerging economies where the presence of SOEs is very high. Such alternative prisms of analysis open paths for future research and practice, with the goal of designing an international economic order that incentivises institutional experimentation in the pursuit of economic development and distributional equity.

The author of Third Party Funding in International Arbitration challenges the structural inconsistencies of the current practices of arbitration funding by arguing that third party funding should be a forum of justice, rather than a forum of profit. The author introduces a new methodology with an alternative way of structuring third party funding to solve a set of practical problems generated by the risk of claim control by the funder.

Globalisation has created a need for an international accounting language to facilitate the smooth flow of trade across countries. In 2003, in an effort to establish a global financial reporting language, the International Accounting Standards Board (IASB) developed a single set of high-quality accounting principles known as the International Financial Reporting Standards (IFRS). Over the last decade, several African countries have adopted IFRS, and Africa has become the second-largest adopting continent after Europe. IFRS promotes improved quality of disclosure of accounting transactions, reduces information asymmetry between preparers and users of financial information, lowers the cost of investing, and breaks down information barriers to cross-border investment. Researchers suggest many benefits of IFRS adoption for macroeconomic indicators such as Foreign Direct Investment (FDI). The reduction in information acquisition and processing costs which translates into the reduction in investment costs, has been cited by most researchers. Researchers have argued, however, that the economic benefits of IFRS in Africa depend on the strength of the institutional environment. They also argue that the Western environment in which the IFRS was developed differs from the African environment. Thus, the universal approach of the IASB may not be appropriate due to the historical, social, economic and political context of African countries. The impact of the adoption of IFRS by African countries requires further examination, particularly as a weak institutional environment confronts many African countries. Three research questions are designed for this study; (1) Is there a significant change in FDI inflows for IFRS adopters in selected African countries after the adoption? (2) Is there a significant change in FDI inflows due to the institutional environment? (3) Does the institutional environment in IFRS-adopting countries moderate the effect of IFRS on FDI in selected African countries? The present study is underpinned by the new institutional theory, the information asymmetry theory, the eclectic theory and the signalling theory, each of which provide reasons why African countries have adopted IFRS. Nine hypotheses are developed, based on the research questions, and tested using the Systems General Method of Moments and the Difference-in-Difference method. The study uses data from 26 African countries, 15 adopting and 11 non-adopting countries, over the period 1996 - 2018. First, the study establishes that the adoption of IFRS positively and significantly affects FDI inflows into the selected sample of African countries. Second, the study concludes that legal enforcement, accounting and auditing standards enforcement, and language origin positively and significantly impact FDI inflows into these countries. Legal origin, however, has a positive but insignificant association with FDI inflows. Third, legal enforcement, historical ties, accounting and auditing enforcement and the quality of the institutional environment are found to moderate the effect of IFRS adoption on FDI inflows. These results indicate that IFRS is a crucial determinant of FDI inflows into African countries, but a supportive institutional environment is needed for African countries to attract FDI inflows after adoption. The results contribute to the accounting and finance literature on FDI into African countries, and may assist the investment community to assess the institutional risk associated with investing in IFRS adopting African countries.

Legal harmonisation is an integral aspect of regional integration and the desire to promote regional and sub-regional economic integration in Africa is exemplified by the establishment of the African Continental Free Trade Area (AfCFTA) in 2018. The 2012 decision of the AU to create the CFTA by 2017 was reiterated in Aspiration two of Agenda 2063. The legal harmonisation of non-tariff barriers has been a vital instrument in the achievement of EU economic integration and the Organisation for the Harmonisation of Business Laws in Africa (OHADA). The study seeks to critically examine the theoretical and conceptual underpinnings of regional integration and legal harmonisation of non-tariff barriers by the AU and RECs. It also analyses the current political, economic, and legal reinforcements to regionalism in Africa and practices needed to advance intra-regional trade within the framework of Agenda 2063. This was done by evaluating the key legal frameworks of the AU (the Abuja Treaty, the Constitutive Act of AU, 2007 Protocol on relations between AU and RECs and Agenda 2063) with the aim of identifying best practices, gaps and impediments pertinent to strengthening Agenda 2063 CFTA. At the end of the study, the abilities of three selected RECs (SADC, COMESA and EAC) were assessed to drive home the AfCFTA. This was done by identifying flaws in existing treaties of RECs, while advancing a model of legal harmonisation of NTBs between them. It was found out that the AU and RECs have not vigorously considered the significance of legal harmonisation in their integration agendas. This resulted in the lack of unambiguous and concrete provisions for the legal harmonisation of NTBs in their guiding policies. Where some attempts are evident, such as in the EAC, they have been implemented unsatisfactorily with lack of a compliance mechanism. This study contended that if legal barriers to free trade are not eliminated, even if all other barriers were to be removed, the effective realisation of the AfCFTA would still be hindered. Hence, this study recommends the principles of direct applicability and direct effects of regional laws to addressing the legal harmonisation challenge underscored. Iqoqa Ukuvumelanisa okusemthethweni kwezithiyo ezingakhokhiswa intela kuyisici esibalulekile sokudidiyelwa kwesifunda kanye nesifiso sokugqugquzela ukuhlanganiswa komnotho wesifunda kanye nesifunda esincane e-Afrikha sibonakala ngokusungulwa kweNdawo Yezwekazi Lase-Afrikha Yokuhweba Ngokukhululekile (i-AfCFTA) ngowezi-2018. Isinqumo sowezi-2012 se-AU sokwakha i-CFTA ngowezi-2017 saphindwa Esifisweni Sesibili soHlelo- 2063. I-CFTA iphinde ibe wuhlelo olubalulekile oHlelweni-2063 futhi impumelelo yayo ibalulekile. Ucwaningo luhlose ukuhlola ngokujulile izisekelo zethiyori nezomqondo zokuhlanganiswa kwesifunda kanye nokuvunyelaniswa kwezomthetho kwezithiyo ezingakhokhisi yi-AU kanye nama-REC. Iphinde ihlaziye ukuqiniswa kwamanje kwezepolitiki, ezomnotho, kanye nezomthetho kuzwelonke e-Afrikha kanye nezinqubo ezidingekayo ukuze kuthuthukiswe ukuhwebelana kwangaphakathi kwesifunda ngaphakathi kohlaka loHlelo-2063. Lokhu kwenziwa ngokuhlola izinhlaka zomthetho ezibalulekile ze-AU (iSivumelwano sase-Abuja, UMthetho-sisekelo we-AU, 2007 Protocol on relationship between AU and RECs and Agenda 2063) ngenhloso yokuhlonza izindlela ezingcono kakhulu, amagebe kanye nezithiyo ezihambisana nokuqinisa uHlelo-2063 CFTA. Ekupheleni kocwaningo, amakhono ama-REC amathathu akhethiwe (i-SADC, i-COMESA kanye ne-EAC) ahlolwa ukuze aqhubekisele phambili i-AfCFTA. Lokhu kwenziwa ngokuhlonza amaphutha ezivumelwaneni ezikhona zama-RECs, ngenkathi kuthuthukiswa imodeli yokuvumelana okusemthethweni kwama-NTB phakathi kwawo. Kwatholakala ukuthi osopolitiki base-Afrikha abazange bayicabange indlela eqinile yokuhlanganisa umnotho wesifunda, nakuba indlela enjalo yaphakanyiswa abasunguli besifunda sase-Afrikha. I-AU kanye nama-REC awazange acabangele ngamandla ukubaluleka kokuvumelana kwezomthetho ezinhlelweni zawo zokuhlanganisa. Lokhu kuholele ekuntulekeni kwezinhlinzeko ezicacile nezibambekayo zokuvumelana ngokusemthethweni kwama-NTB kuzinqubomgomo eziqondisayo. Lolu cwaningo lwagomela ngokuthi uma izithiyo ezingokomthetho zokuhwebelana ngokukhululeka zingaqedwa, ngisho noma zonke ezinye izithiyo zizosuswa, ukufezeka ngempumelelo kwe-AfCFTA kusazothikamezwa. Ngaphakathi kwalokhu kwangemuva, lolu cwaningo luncoma izimiso zokusebenziseka okuqondile kanye nemiphumela eqondile yemithetho yesifunda ukuze kubhekwane nenselele yokuvumelana kwezomthetho egcizelelwe.

The exploration, production and shipment of crude oil and gas by multinational corporations (MNCs), involved in bilateral treaties in Nigeria has perpetrated environmental disasters upon host communities. This has been as a result of oil and gas leaks from MNCs facility into the air, land, water, marine habitat, and cultural life of host communities are heavily polluted. International law has attempted to regulate the activities of MNCs particularly in the protection of the environment in which they operate through four main treaties: Universal Declaration of Human Rights,1International Covenant on Economic, Social and Cultural Rights (ICESCR), 2 Declaration of the United Nations Conference on the Human Environment (Stockholm Declaration)3and Declaration of the United Nations on Environment and Development (Rio Declaration). In addition, the demand for environmental protection is foregrounded under the right to life recognized in article 6 of the International Covenant on Civil and Political Rights (ICCPR). However, a major criticism of international law is its inapplicability to non-State actors such as corporations. This creates a lacuna in the legal framework of protections which has been exploited by opportunistic MNC’s. International soft law such as the Global Compact, Organization of Economic Cooperation and Development (OECD) Guidelines for Multinational Enterprises and United Nations Guiding Principles (UNGPs) on Business and Human Rights encourages corporations to respect environmental rights and creates substantive standards for States to hold corporations accountable for environmental and human rights violations. The challenge remains that these international laws having soft law status are not binding on corporations. Also, a further problem is that several developing state governments may be complicit in the environmental abuses perpetrated by MNCs for the purpose of boosting economic development. Therefore, this research proposes the regulation of MNCs under national legislation and bilateral investment treaties. It recommends certain preventive and mitigation measures against the adverse environmental effect of their activities in the exploration of natural resources, waste disposal and other connected operations in developing communities in Nigeria. Some of these preventive measures include environmental impact assessment (EIA), mandatory reporting and disclosures, community stakeholder participation, environmental management and safety practices, with activity, temporal and spatial management as mitigation measures. Also, clean-up and compensation by MNCs are effective remedies for environmental abuses. Furthermore, fines, blacklisting, withdrawal of license and criminal charges are recommended for the enforcement of environmental protection of host communities.

Left alone, economic integration initiatives, which aim to promote growth through investment and trade liberalization, do not automatically generate win-win outcomes for all stakeholders, or lead to the inclusive economic growth and sustainable development of participating countries. This situation which is due among others to possible market failures and externalities of corporations’ activities, has increasingly become a matter of concern with the numerous corruption scandals; human rights violations and environmental degradation involving corporations observed in a recent past. How therefore to continue promoting economic integration while ensuring socially responsible conducts from businesses in societies where they operate? One approach that has recently gained traction is the institutionalization of corporate social responsibility (CSR) clauses in trade and investment agreements. This paper analyses 10 African regional trade and investment agreements concluded between 2000 and 2020 to determine the extent to which they converge with this trend and the approach adopted in regulating CSR. The research complements the literature on the nexus between international law and CSR in the African context. Laissées à elles-mêmes, les initiatives d'intégration économique, qui visent à promouvoir la croissance par la libéralisation commerciale et économique, ne génèrent pas automatiquement des résultats gagnant-gagnant pour toutes les parties prenantes, ou ne conduisent pas à la croissance économique inclusive et au développement durable des pays participants. Cette situation, qui est due entre autres à d’éventuelles défaillances du marché et à des externalités des activités des entreprises, est devenue de plus en plus préoccupante avec les nombreux scandales de corruption, de violation des droits de l’homme et de dégradation de l’environnement impliquant des entreprises. Comment donc continuer à promouvoir l'intégration économique tout en garantissant des comportements socialement responsables des entreprises dans les sociétés où elles opèrent ? Une approche qui a récemment gagné du terrain est l'institutionnalisation des clauses de responsabilité sociale des entreprises (RSE) dans les accords de commerce et d'investissement. Cet article analyse 10 accords régionaux africains de commerce et d'investissement conclus entre 2000 et 2020 pour déterminer dans quelle mesure ils convergent avec cette tendance à l’institutionnalisation des clauses sur la RSE, et l'approche adoptée dans la réglementation de la RSE. La recherche complète la littérature sur le lien entre le droit international et la RSE dans le contexte africain.

Phoenix activity involves conduct whereby a failing company (the old company) is replaced by a second company (the new company) in the operation of the same or a similar business and that involves the same or similar company controllers. Transactions of this nature can be legal and even be beneficial to society, since entrepreneurs who pursue a viable business may, if the new company succeeds, benefit the economy and many other stakeholders. These transactions are referred to as legal phoenix activity. Problems arise however when phoenix activity is engaged in with the goal of evading the debt of the old company, known as illegal phoenix activity. In other cases, even well-intentioned company controllers can cause significant harm by resurrecting a fundamentally flawed business. This conduct, although not illegal, is unduly prejudicial to stakeholders and is known as problematic phoenix activity. While this thesis focuses on illegal phoenix activity, several measures identified should also curb problematic phoenix activity. This study identifies the elements and common characteristics of illegal phoenix activity. It then analyses regulation pertaining to those elements and common characteristics with the aim of finding effective solutions to the problem. This includes evaluating measures that reverse prejudicial transactions that occur during illegal phoenix activity as well as holding complicit parties, such as company controllers and the new company, accountable for their actions. Regulation aimed at preventing and investigating illegal phoenix activity is also considered. This thesis uses the comparative legal approach to analyse regulatory responses to illegal phoenix activity. Australia, the United Kingdom, and the United States of America are examined. Several reported cases in South Africa involving what appear to be illegal phoenix activity are explored, along with the existing measures that are applicable to illegal phoenix activity in South Africa. A single anti-phoenix provision is undesirable as it has the potential to unjustifiably infringe on legal phoenix activity. This thesis proposes a multi-pronged approach, which involves a combination of better enforcement of existing laws and the introduction of smaller targeted amendments to legislation aimed at reducing the incidence illegal phoenix activity.

Globally, companies pursue profitability; they want lower prices for the goods they buy and for the services they use. To gain profit and keep their prices low, they contribute to human rights violations and/or the devastation of the environment. The UNGP is the UN unanimously endorsed instrument that encourages states to pass legislation to compel companies to exercise human rights due diligence and to report on their efforts. The United Nations Guiding Principles (UNGP) impose a duty on companies to conduct human rights due diligence that apprises them of possible human rights or environmental risk exposure in their international operations. States have a responsibility to assist those harmed by a company’s activities to seek judicial relief. The UNGP is a soft law instrument but has had a major effect in the field of business and human rights. Though a voluntary obligation, the UNGP has become the reference document and is used by Civil Society Organisations (CSO) to pressure states into passing regulations on business and human rights. In 2016 Germany passed a National Action Plan (NAP) and the Lieferkettensorgfaltspflichtgesetz (Supply Chain Due Diligence Act) in 2021. France passed a Vigilance Law (Loi de Vigilance) in 2017. Additionally, a UN resolution has initiated a treaty-making process, which might lead to an internationally legally binding instrument that will articulate companies’ responsibilities to avoid, mitigate and remedy human rights violations that their activities cause. The South African government’s response to the UNGP has focused on negotiating a legally binding instrument at an intergovernmental level. This research examines three countries’ varying responses to the UNGP, a soft law instrument. In February 2022 the EU Commission published a proposed directive on corporate sustainability due diligence. The proposed EU legislation aims to advance respect for human rights and environmental protection. The goal is to create a level playing field within the European Union which leads to the exploration of the role China plays in a globalised world. China aims to be more than the world's factory and to become a leader in innovation and high-end manufacturing.

European legal protection of consumer autonomy has been significantly changed in the digital environment, where algorithm-driven systems perform everything. This book focuses on protecting consumer autonomy facing the pervasive and global phenomenon of dark patterns: the expression includes various tactics that manipulate consumers by altering online choice architecture to thwart user preferences for objectionable ends. Overloading, skipping, stirring, hindering, and flicking are examples. Moving from the perspective that the sole traditional information approach is ineffective in protecting autonomy, the adopted methodology considers the multiple concerns revolving around the tight combination of transparent information and fair digital architectural design. Consequently, the comparative study of the new suitable regulatory directions arises across different legal fields, including data protection, consumer, and competition law. The relationship between deceptive designs, the nature of human-digital architecture interaction, and the techno-legal paradigms emphasises which future changes in European private law could integrate legal rules into fair designs to protect digital consumer autonomy effectively. Specific importance will be attributed to the functionality of comparative methodology to include non-legal essential insights (e.g. behavioural, informatic elements) into pragmatic and global regulatory paths and models.

International law is a robust system designed to unite world governments in an effort to, inter alia, cease human rights violations and hold those who commit them accountable. As it currently stands, and by its own design, the international human rights legal regime focuses on and applies only to state actors, meaning that violations committed by non-state actors, such as multinational corporations (MNCs), are seemingly conducted with impunity inside this space. Multinational corporations are powerful international players that have undoubtably fostered a significant role in reducing global barriers. By their very nature, they are far more mobile than states, allowing them to evade domestic power and regulatory schemes by detaching from their home state and relocating to a host state with weaker oversight and/or enforcement powers. Simply stated: even though MNCs have better financing, heightened mobility, and a disproportionate amount of influence when compared to world states, they operate with less global accountability. Commercial sexual exploitation of children (CSEC) is a fundamental violation of children’s rights. It consists of sexual abuse by the adult and remuneration in cash or kind to the child or a third person or persons. The child is treated as a sexual object and as a commercial object. Multinational corporations have been implicated in CSEC through acts of omission and commission. And despite the fact that much international law has been drafted to protect children around the world from CSEC—most notably the United Nations Convention on the Rights of the Child and its Optional Protocols—the numbers of children who have been emotionally and physically harmed by and through MNC conduct has only increased in the past decade. There have been numerous efforts by international organizations to address the challenges when regulating and monitoring human rights violations by MNCs. States, civil society organizations, and the private sector itself have also attempted to address these human rights violations through domestic law, modifying international law principles, and with civil regulation. Obstacles exist in the effectiveness of each of these approaches, leaving children at risk with no single effective strategy to combat and address rights violations by MNCs. The dissertation conducts a review of the current landscape of child law, through the lens of corporate accountability for CSEC. Then, it suggests a new alternative, putting forward an international solution to an international problem.

This research study seeks to understand interested parties’ perspectives on Cameroon's existing land tenure systems, the 1974 land law, and ongoing efforts to reform this land law. It identifies both concerns and specific recommendations from these parties on the formulation and implementation of future reforms. In the decades following the achievement of independence from European colonizers, most governments in sub-Saharan Africa (SSA) have adopted new national land tenure policies to meet their countries’ needs and aspirations. In some parts of SSA, however, this process of land tenure formalization has negatively impacted the land rights of people observing customary land tenure. This has been a result of government interventions such as compulsory land acquisitions, which while technically legal, are ethically questionable. In the face of this challenge, efforts to reform post-colonial land laws have become a matter of urgency. A national land reform process for Cameroon, announced in 2011 has adopted a multistakeholder approach. My study seeks to understand interested parties’ perspectives on Cameroon’s existing land tenure systems, the 1974 land law, and ongoing efforts to reform the land law. This study applied a case study methodological approach and a convergent mixed-method design. Evidence from this study shows that interested parties in Cameroon are in agreement on 1) the reform of the 1974 land law, 2) the recognition of customary land tenure, 3) the continued use of multistakeholder participation in land law reform, and 4) the promulgation of the new land law through mass sensitization and information dissemination.