Bibliographie sélective OHADA

Purpose: The objective of this study is to evaluate the impact of accounting data produced after the revision of the OHADA accounting system on the decision to grant bank credit to Cameroonian companies. Methodology: qualitative approach was used in this study.  We conducted semi-structured interviews with eight credit analysts in eight banks based in Cameroon. We used the Nvivo 10 software to carry out the content analysis. Findings: It emerges from the analysis of the content of the speeches collected that the most used ratios by credit analysts are: activity ratios, debt ratios, operating ratios, financial structure and autonomy ratios, debt ratios and net cash. In addition, the information provided by the new accounting system is increasingly fluid, detailed, and precise and facilitates decision-making. However, when it comes to the completeness and sincerity of the information provided, analysts remain wary because, companies always provide information subjectively based on their interests Implication: This study reveals that despite the revision of the accounting system, users still remain wary face of informations provided because of its subjective nature. It is therefore recommended that Member States promote unified information for all stakeholders.

This thesis critically examines a much-debated issue in international law: the legitimacy of the Investor-State Dispute Settlement system (ISDS). The system was initially conceived to provide an alternate dispute resolution mechanism for the protection and promotion of foreign investment. In time, this objective has incited a discussion on the legitimacy of the system as the developed world has started to experience the role of host states. Since then, they have taken the lead in the reform process to achieve a balance between host state's and foreign investors' rights. To this effect, both the European Union (EU) and the Third Way Approaches to International Law (TWAIL) are for centralization of the system arguing its current problems emanate from its ad hoc and decentralized nature. Although both are aimed at system centralization, the paths they take to achieve it clearly differ. The EU seeks a permanent investment court by which ad hoc arbitration would give way to a more centralized framework. However, TWAIL advocates for a return to the pre-ISDS era, where national courts resolve investment disputes between foreign investors and states. The effectiveness of these two reform ideas in addressing the purported legitimacy concerns of the ISDS is critically examined in this thesis using Martti Koskenniemi's legal approach. Ultimately, it asserts that neither proposal is adequate to resolve the legitimacy issue of the system, as legitimacy can only be achieved by strengthening the principle of justice, which is feasible alone through a more decentralized structure.

The implementation of New Public Management (NPM) reforms, particularly privatization, has been a significant strategy adopted by governments worldwide to enhance the performance of public enterprises. This article focuses on the telecommunications sector in Nigeria, where privatization was introduced as part of broader economic reforms in the early 2000s. The objective is to assess the influence of privatization on the performance of public enterprises within this sector. The article is anchored on public choice theory. It is qualitative in nature, relying on secondary sources of data, such as, journals, textbooks, official publications and internet materials. It observes that privatization of public enterprises in the telecommunication sector in Nigeria has led to improvements in operational efficiency, increased investment inflows, and expanded service coverage. However, challenges such as regulatory effectiveness, equity in service provision, and the socio-economic impact on marginalized populations remain significant concerns. It contributes to the broader discourse on NPM reforms by providing empirical insights into the complexities and outcomes of privatization within Nigeria's telecommunications sector. It concludes with policy recommendations aimed at optimizing the benefits of privatization while addressing its associated challenges to ensure sustainable and inclusive growth in the sector.

The Economic Community of West African States, ECOWAS, had an agreement to adopt the Eco as its single currency for the fifteen member-states of the West African Sub-regional organization. This major objective has failed to materialize after a long period of time. This paper, therefore seeks to highlight the major challenges confronting the Eco currency project. Data were collected from secondary sources, using content analysis. The paper of discusses the challenges facing the proposed Eco single currency in West Africa, discusses the theoretical framework of monetary integration using Mundell’s factors of Mobility Theory and Mundell’s Optimum Currency Area Theory applied. Based on the findings, Some of the challenges facing the proposed Eco currency in ECOWAS include lack of political will, influence of France on its former territories in West Africa, membership of multiple regional blocs by member states of ECOWAS and fear of domination of the smaller states in the bigger ones. Other challenges include; security and political challenges, inadequate legal instruments to enforce treaty obligations, inadequate modern infrastructure among others. To make this proposed Eco currency a success, the paper suggests that West Africa Monetary Zone member states must take concrete action by showing political will towards the creation of Eco currency area in West Africa. There should be clearly spelt out benefits and costs accruing to each member state in the proposed Eco community currency area. All member states of ECOWAS must be treated as equal partners.

This study examines Nigeria – United States economic relations from 1999-2018. It was noted that since the Nigeria’s economic relation with United States, the development stride which Nigeria state so desired in the oil sector did not yield any tangible result within the period under study viz opening of new refineries and effective turn around maintenance of the refineries. The specific objectives of this study are: 1. To examine whether Nigeria-United States economic relations has led to opening of new indigenous refineries in Nigeria 2.To determine whether Nigeria–United States economic relations improved the maintenance of refineries in Nigeria within the periods under study 3.To ascertain if Nigeria and United States economic relations had advanced technological transfer in the oil sector industry in Nigeria. The data employed for the study were collected from documentary sources while content analysis was implored for data analysis. The theoretical framework that anchored this study is the Rentier State Theory (RST). After a critical analysis, the following findings were made: 1. it was discovered that Nigeria United States economic relations did not lead to opening of new indigenous refinery 2. The crude oil export to the United States did not improve the maintenance of oil refinery in Nigeria 3. The Nigeria-United States economic relations had not advanced technological transfer in the oil sector industry in Nigeria. In line with the findings the researcher made the following recommendations: 1.That Nigeria government should make a policy that will bring a paradigm shift from net import to net export 2. Nigerian government should make it policy easier as to accommodate and encourage private sector participation in the refining of petroleum products 3. Nigeria government should partner with other countries of the world outside United States that are willing to develop her indigenous technological skills.

Previous studies on corporate social responsibility (CSR) in the construction and property-development domain have mainly focused on countries in the Global North with very few studies in the Global South. These prior studies have defined the pyramid elements (economic, legal, ethical, and philanthropic) that make up overall CSR, but none of them have assessed how well corporations performed in relation to each pyramid element, particularly in the property-development industry. Consequently, reflecting on the limited CSR studies in the Global South, this study examines the performance of property-development companies regarding the CSR pyramid elements. The study also assesses the barriers and strategic drivers of CSR among property-development companies. The study employed a descriptive survey research, and questionnaires were administered to 43 property-development companies. Descriptive data analysis was done to rank the relative importance of items from the questionnaire. Results showed that, although companies performed ‘well’ in their legal CSR, and ‘average’ in their economic and ethical CSR, companies performed ‘poorly’ in the area of philanthropic CSR. Lack of support by top management, corruption/lack of transparency, lack of knowledge and awareness by professionals, and lack of regulatory framework were identified as significant barriers to CSR implementation among property-development companies. Vision of founders/support by top management, regulatory framework, stakeholder activism, and good relationship-building are potential key strategic drivers of CSR implementation programmes among property-development companies. Given the findings, it is recommended that property-development companies should integrate CSR principles into their vision and mission statement and consider it to be a business function. This can be done by mitigating the barriers identified through the adoption of strategic drivers as postulated by this study.

The construction industry in the Eastern Cape province of South Africa plays a crucial role in the region’s economy, yet small and medium enterprise (SME) construction companies face significant challenges in achieving long-term business sustainability. This article aims to provide practical guidelines for SMEs, by investigating the most critical construction management practices adopted by SME contractors. Utilising a quantitative approach, data were collected from 59 purposefully selected participants, including directors, construction managers, quantity surveyors, site agents, and technicians, all registered under the Construction Industry Development Board (CIDB) Grades 1-4 in General Building (GB). The management practices of SME contractors were analysed using the relative importance index (RII) and factor analysis to rank these practices according to their significance. Findings indicate that SME contractors prioritise health and safety strategies, effective resource utilisation, integrated project management systems, competent recruitment, strong leadership skills, and robust health and safety management as essential practices. The principal component analysis identified six key management factors to enhance competitiveness while contributing to the region’s sustainable development goals. These factors include shared knowledge among management, effective project scope planning, comprehensive health and safety management, ownership of construction business knowledge, scope control on projects, and clearly defined goals for management teams. This study is original in its focus on the specific management practices that can strengthen the sustainability of SME contractors within a developing region, providing a valuable framework for enhancing their operational effectiveness.

Notwithstanding past trade reforms, trade in Africa and particularly intra-Africa trade, remain dismal. Africa has even created economic communities, fitted with monetary, fiscal, and socio-political anchors, by way of various Regional Economic Communities (RECs) – now reflected by the African Continental Free Trade Area (AfCFTA). Whilst these have yielded marginal benefits, the persistence of low intra-Africa trade calls into question their suitability. Focused on the realities of institutions targeted by these reforms and Africa's context – i.e., weak linkages between institutions, high informality, and low social capital – we posit that reforms have not elicited the hoped-for high intra-Africa trade because of their near total reliance on the neo-liberal approach, which neglects Africa's context. Drawing on Africa's sociology and new institutional economics, we use a conceptual institutional analysis to evolve a political economy based framework that suggests potential solutions: Linking the formal sector that currently underpins economic/trade policies to the informal institutions that are reflective of Africa's norms, values, cultures and expectations (the informal sector), and scaling up production; via the cooperatives production model, strategic procurement mandates, and effectuation of continental transportation infrastructure network, are our recommended pathways to reversing the current dismal intra-continental trade.

Focusing on Bosnia and Herzegovina, this study examines how diasporas contribute to the creation of foreign direct investment (FDI) in developing countries. It defines FDI as the acquirement over assets in a foreign nation and highlights how diaspora populations support investment flows. It also examines diaspora investment strategies, such as diaspora portfolio investment (DPI) and diaspora direct investment (DDI), and offers a historical overview of diaspora FDI patterns and how Bosnia and Herzegovina's policies are changing to engage its diaspora more.One case study illustrates the impact of diaspora-led FDI by highlighting the success of Senad Šantić, a Bosnian entrepreneur who returned to his home country to start a tech company. While these investments support development and economic growth, there are still issues, like the possibility of putting one's own interests ahead of the interests of the economy as a whole. Particularly in Bosnia and Herzegovina, where diaspora participation has historically been low, the implementation of effective policies and procedures is crucial, especially from a regulation perspective.The study also looks at the future of FDI, emphasizing the part that digital technology and new investment patterns will play. Opportunities for developing nations can be found in digital FDI, especially in industries like fintech and e-commerce, yet obstacles still exist in luring these investments. According to all the findings, developing nations can improve their chances for economic success by creating an atmosphere that encourages diaspora investment which will shift those nations into the global investment scene. Ultimately, FDI regulations and government programs are needed in order to fully utilize diaspora-led FDI for sustained growth.

Data gatekeepers (data controllers and processors) that use blockchain for data transfer effectively enjoy limited liability for violations of the GDPR. This is due to the fact that applying the GDPR’s data gatekeeper system of liability to a decentralized technology such as blockchain is difficult for three reasons. Firstly, identifying data gatekeepers on the blockchain can only be done by either assigning data gatekeeper roles to actors on the blockchain, or structuring the blockchain as private or permissioned one, so as to fit with GDPR requirements. Neither of these approaches provides a universally applicable and satisfactory method for privacy protection. Secondly, because of their knowledge and investment in infrastructure, large data gatekeepers such as IBM, Amazon and Microsoft have an informational advantage over data protection authorities (DPAs) and an additional protective layer against liability, as their blockchain infrastructure is used by other businesses and corporations that are primarily liable for data processing. Finally, administrative fines and reputational damages for non-compliance with the GDPR are insufficient deterrents for large data gatekeepers, whereas damages awarded to individual data subjects for data gatekeepers’ violations of GDPR are extremely low and too costly to obtain.

This study provides an in-depth look at the complex relationship between business environments and foreign direct investment. The study examines this critical issue by focusing on emerging economies, such as Kosovo. In this research, analytical and empirical research methods have used to highlight the importance of FDI in promoting economic growth. FDI not only increases production capacity but also supports economic growth by increasing purchasing power and creating employment opportunities, especially in countries in transition. This analysis distinguishes between endogenous and exogenous variables to classify the various elements of the business environment. It is important to emphasize how a supportive business environment plays a vital role in attracting investment. The main factors affecting FDI include infrastructure quality, political stability, workforce skills, market potential and tax incentives. These initiatives are critical to creating a more favorable investment climate.As a result of the variables the study concludes by emphasizing the need for continuous reforms to strengthen the business environment. Such strategic efforts are crucial to optimize FDI flows and advance sustainable economic development. By strengthening regulatory frameworks and improving infrastructure, developing countries can be in better position itself to attract foreign investors. Furthermore, creating a strong business environment can also support the development of local entrepreneurs, increasing economic diversification. As a result, it not only facilitates the flow of capital, but also contributes to the long-term stability and growth of the national economy. Therefore, policymakers and governments need to prioritize these initiatives and develop comprehensive and sustainable strategies to improve the business environment.

The Motor Industry Ombudsman of South Africa (MIOSA) is an industry ombud recognised under the Consumer Protection Act 68 of 2008 (CPA). The MIOSA regulates the interaction and provides for alternative dispute resolution in the automotive and related industries in South Africa. Moreover, the MIOSA is an impartial organisation that focusses on the resolution of disputes where a deadlock has been reached between the automotive and related industries and their customers, as well as relationships among participants in the automotive and related industries to the benefit of the parties. The role of the MIOSA is to make recommendations in cases referred to it where parties cannot reach common ground and are unable to arrive at mutually acceptable agreements following a dispute. This analysis explores and proffers possible solutions to address the challenges that impede the MIOSA from discharging its role and mandate under the CPA effectively in resolving consumer disputes in the South African automotive industry.

Corporations have been established and recognized in Indonesia as entities engaged in business activities since 1602. In these business activities, disputes can occur regarding the non-disbursement of Bank Guarantees through the Indonesian National Arbitration Board (BANI). Therefore, this research uses the Normative Juridical method through a literature review. The research questions considered are (1) What is the guarantee of legal certainty in the process of resolving business disputes regarding Bank Guarantee payments through the Arbitration Board? (20) What can the Supreme Court Decision provide legal certainty for resolving business disputes through arbitration in Indonesia? The process of resolving business disputes in default on Bank Guarantee payments through the Arbitration Court has fulfilled the legal certainty principle. The results showed that the rules were available through different Arbitration and Alternative Dispute Resolution Laws, as well as other laws applied consistently in the BANI Surabaya Decision Number 59/ARB/BANI-SBY/XI/2021. The Supreme Court Decision Number 918 B/Pdt.Sus-Arbt/2023 tried the appeal case and rejected the application for annulment of the arbitration decision from the Applicant. In addition, legal certainty is created for corporate legal efforts to take the arbitration route.

This book provides an analysis on whether and how the current European legal framework adequately deals with personal conditions in which digital...

Post-commencement financiers provide a lifeline to companies under business rescue and these financiers have their best interest in the survival of these companies. Should it be that the business rescue plan is unsuccessful, the chances are that the post commencement financiers will be the largest creditors. In Wescoal Mining (Pty) Ltd v Mkhombo NO, a dispute arose regarding the appropriate adoption of a business rescue plan during the meeting. One critical legal issue was whether the Companies Act bestows voting rights exclusively to the company's creditors who existed at the initiation of business rescue, or if creditors accruing after the commencement may also partake in voting on the plan. Following an assessment by Judge Wilson, it was established that only creditors with claims predating the commencement were eligible to participate in the voting process. Subsequently, Judge Wilson believed that section 135 of the Companies Act places post-commencement financiers as creditors in a different class and provides for their protection and interests in a different way. Against this background, the dissertation evaluates the position of post-commencement creditors when it comes to voting on a business rescue plan.

Although Zimbabwe has established several institutions to combat money laundering and related crimes, there is a perception that inadequate measures are taken to apprehend offenders responsible for financial crimes. Institutions such as the Financial Intelligence Unit (FIU), the Zimbabwe Anti-Corruption Commission (ZACC), the Zimbabwe Republic Police (ZRP), the National Prosecuting Authority (NPA) and the Reserve Bank of Zimbabwe (RBZ) have done little to prove that the government of Zimbabwe is resolute in combatting money laundering. On the contrary, it increasingly appears that these institutions are poorly equipped and lack the necessary capacity to enforce and uphold anti-money laundering (AML) measures in Zimbabwe. Further, there appears to be a selective application of the law, with one set of rules for individuals or institutions that are perceived as political adversaries of the incumbent establishment and a different set of rules for the political elite. Consequently, the selective application of the law projects Zimbabwe as a jurisdiction that is somehow tolerant to money laundering, corruption and related financial crimes, thereby lowering and tarnishing the standing of the country in the global economic community of nations. This paper provides a regulatory analysis of the AML role-players in Zimbabwe in order to assess their functions in combatting financial crimes. It also analyses whether these role-players are effective and substantively executing their responsibilities therein. The authors argue that while Zimbabwe is well able to effectively combat money laundering through the even application of the law to all persons regardless of their political or economic standing, it is imperative that its AML institutions operate without fear, favour or prejudice. This is crucial in combatting money laundering and instilling confidence in the general public's perception of AML institutions in Zimbabwe.

This thesis includes three essays that examine the effects of firm policies on labor costs, corporate culture, and stock markets. The first essay studies the impact of major customers on supplier firms’ performance, and I find that supplier firms are willing to collaborate with their major customers while keeping low financial leverages. The cooperation with major customers results in higher productivity and strategic alliance, which could explain the reduction in the labor share of supplier firms. In my study, labor share is defined as the ratio of labor costs to total revenue. Compared to firms without major customers, supplier firms with at least one major customer would reduce labor shares on average by 33% in absolute terms. The findings contribute to the growing literature on the global trend of labor share reduction. The second essay examines the effect of market competition on corporate openness, which is a particular aspect of corporate culture. Corporate openness reflects how open firms are when facing new ideas and experiences, and measures firms’ willingness to innovate and cooperate. I conclude that market competition improves firms’ corporate openness through good corporate governance. Furthermore, corporate social responsibility activities are seen as a positive social outcome of corporate openness. As to economic consequences, less open firms would experience stock return reductions when the market competition is high. The third essay studies the firms listed on Chinese stock exchanges that established an internal whistleblowing mechanism. The results show that the employee whistleblowing system prevents firms from misconducting and leads to reduced stock price crash risk. Furthermore, a cooperative corporate culture helps the internal whistleblowing system decrease crash risk, while an unfair organizational climate exerts the opposite influence. Overall, this study contributes to the emerging literature on the governance role of whistleblowing.

This dissertation critically analyses new generation continental, regional and bilateral investment treaties in Africa with the aim to explore enhancements that could be made thereto in order to enable African citizens to hold investors accountable for investment-related climate change issues in Africa. The main research question answered in the dissertation is: to what extent does African investment treaty practice incorporate climate change-related provisions and investor accountability for climate change. The dissertation analysed traditional investment treaties, particularly noting their silence on climate change and investor accountability, and their partiality to investor protection. Using the AfCFTA Investment Protocol as an anchor alongside other new generation continental, regional and bilateral investment treaties in Africa, it discusses a fundamental contemporary shift in African investment treaty practice towards ensuring sustainable investments and greater investor accountability for sustainability in Africa. It also explores the various limitations in these new generation investment treaties that still make investor accountability. In the end it proposes reforms to the Investor-State Dispute Settlement provisions of these investment treaties to recognise citizen-led arbitral claims against investors, utilising the Hague Rules on Business and Human Rights as the procedural infrastructure for handling arbitration of such claims.

This dissertation on the relationship between the business rescue practitioner and the directors of the company under business rescue. In essence, this dissertation investigates whether a conflict arises between the duties, roles and powers of the business rescue practitioner and those of directors of the financially distressed company. The aim of this dissertation is to study what are the limitation on duties, roles and powers of directors of the company as a result of the appointment of the business rescue practitioner and the extent thereof. In achieving the above objective, this dissertation commences with setting out the background of business rescue proceedings in South Africa by analysing provisions of Chapter 6 of the Companies Act 71 of 2008 which has introduced “a new corporate rescue procedure” in South Africa, being business rescue. The focus is on provisions dealing with duties, roles and powers of directors in the ordinary course as set out in section 66, 75 to 77 of the Act. The focus then shifts to the provisions dealing with the commencement of business rescue proceedings, the appointment of the business rescue practitioner and his duties, roles and powers. In order to establish whether a conflict truly exists between the duties, roles and powers, various sources dealing with this issue are considered. In order to assess whether there are solutions in dealing with the conflict and/or limitation that arises, this dissertation includes a comparative study on selected foreign jurisdictions dealing with the interaction between the board of directors and business rescue practitioner are considered. In particular, this dissertation considers corporate rescue mechanisms in the Commonwealth of Australia, the United Kingdom and the United States of America. The purpose of the comparative study is to determine which lessons can be learned from the practices in the aforementioned jurisdictions. The overall objective of this study is to determine how the South African legal framework pertaining to the interaction between directors and business rescue practitioners can be enhanced.

Despite the emergence of corporate governance as a formal discipline more than thirty years ago, the proliferation internationally of scholarly work on the topic and its formal regulation over this period, the scope, definition and direction of corporate governance remain contested. Company theories could potentially assist in this regard but have been inconsistent in their explanations of the both the means and ends of corporate governance. This has led to scepticism about the efficacy of theories to illuminate the phenomena associated with companies and company law. Notwithstanding, theory is critical as it makes explicit what is implicit in policymaking by regulators, as well as in the behaviour and decision-making by corporate actors, so that regulation and decisions are transparent for analysis and evaluation. The study, therefore, set out to provide a synthesis and doctrinal analysis of the main theories on the nature and general purpose of corporations in historical context. It was found that objections can be raised against all of these theories to a greater or lesser extent for inaccurate portrayal of the law, limited explanatory power and detachment from the real word. This study shows that corporate theories are a product of the settings in which they have developed and consequently none of these theories represents a universal or absolute truth, nor are they an inevitability due to widespread adoption and use. This leaves room for new formulations of the corporate form and its purpose fit for today’s context with its political, social and environmental challenges. This dissertation also includes further directions for theoretical exploration.