Bibliographie sélective OHADA

Recent empirical evidence suggests that labour markets are not as competitive as previously thought. In that context, mobilizing antitrust policy has been discussed as a possible solution. The proposition sounds counterintuitive, however. If workers are paid below the competitive level, doesn’t this promote consumers’ outcomes by reducing downstream prices? Given that antitrust policy promotes consumer welfare, why would antitrust authorities intervene against such a state of affairs? Besides, why would stepping up on antitrust enforcement improve workers’ outcomes? Their interests have traditionally been protected through their exclusion from the scope of antitrust enforcement, not by the enforcement of antitrust rules to their benefit. This thesis demonstrates that those spontaneous assumptions do not hold. Consumer welfare does not speak against the defence of workers’ interests. First, the focus on consumers is a by product of methods: it does not prevent consideration of other types of market participants. Moreover, consumers benefit from competitive labour markets. The welfare effects of monopsony power simultaneously worsen workers and consumers’ outcomes. As for the promotion of workers’ interests, it can be achieved through both positive and negative enforcement of antitrust. So far, the EU Commission has been less proactive than the American DOJ and FTC on the issue of antitrust enforcement in labour markets ( although the state of affairs is evolving). While this difference may stem from EU workers benefitting from higher levels of social protection than US workers, those higher levels of protection may not negate the usefulness of antitrust ’s intervention. The low levels of antitrust enforcement in EU labour markets may result from legal uncertainty and case law inconsistency more than an absence of harm. Just like the merger control apparatus, Article 101 and 102 TFEU can be used to scrutinize labour markets. While doing so involves some practical complexities, they can be overcome.

It seems like a long time ago that there were only a handful of climate lawsuits. Since the first climate lawsuits were filed in the United States in 1990,² a myriad of litigation has emerged at the national, regional and global levels. According to the Grantham Research Institute on Climate Change and the Environment, as of May 2021 the databases on climate litigation around the world contained 1,841 cases that were either in progress or had already been decided.³ This shows the exponential development of the phenomenon through which civil society organizations, public law legal entities and private individuals are

Until now, digitization and sustainability have stood side by side in the discussion of business law. As leading discourses of the present-day business scene, both topics are leading to profound change in companies and are influencing each other in the process - a circumstance that can no longer be ignored by corporate management. The article shows the guiding ideas behind both discussions, as well as their convergences and interactions, and asks about the effects they have on management's duty to act.

Since the start of the millennial era, technical advancements have led to exponential growth in electronic commerce, or e-commerce. According to the United Nations Conference on Trade and Development (UNCTAD), e-commerce sales reached about US$25 trillion globally in 2021 [1] and are expected to grow at a compound annual growth rate of 9% through 2027, which is twice as fast as the 4% annual growth rate predicted for traditional in-person retail [2]. Online dispute resolution (ODR) techniques that aim to settle disagreements and lower the likelihood of expensive lawsuits are becoming more and more necessary as both individuals and corporations use online shopping platforms. Due of its legally binding nature, arbitration is the most formal method, as was briefly discussed [3]. Online arbitration is carried out using electronic methods, like email and digital tools designed to make the duties of arbitrators and parties to a dispute easier. It adheres to the same rules and processes as traditional arbitration. On the plus side of e-arbitration, advancements in technology allow for time and cost savings without sacrificing the ease of remote filing. The conclusion of e-arbitration agreements raises several negative issues, including privacy and data protection issues for the consumer signing the agreements and power imbalances between corporate entities and the consumer. The degree to which artificial intelligence (AI) is effectively and sufficiently analysing a dispute between parties is up for debate because it's unclear how new this adjudication process is.

Workplace bullying is not considered a form of harassment that is commonly acknowledged nor does it attract specific legislative protection. The aim of this mini-dissertation is to ascertain the degree to which victims of workplace bullying are protected by South African labour legislation and whether other measures are necessary to ensure that employees are adequately protected. A comparative analysis between South Africa and the United Kongdom's legislative frameworks that governs workplace violence and harassment and, by implication, bullying is a critical aspect of this mini-dissertation.

The OAPI member states constitute a space for theharmonization of copyright in Africa. This harmonizationis yet to be completed, as attested by the conventionalrules relating to the publishing contract. In addition,investigating about the publishing contract in the OAPIspace requires an examination of both the text of theBangui Agreement and that of the national laws of the 17member states. Some differences must be pointed outkeeping in mind the question of possible conflict of laws.

Tax authorities have always assessed and enforced taxes based on the physical address of businesses over the years. Nevertheless, the idea of tax jurisdiction has taken on a new meaning with the development of information and communication technology, and its profound impact on every facet of human existence – including but not restricted to trade and business. This development has undoubtedly increased capital mobility, especially in corporate form, and exposed more the weaknesses in national tax laws by enabling the artificial relocation of important economic components and potential exemption from taxes. Since it is getting harder to separate the digital economy from the rest of the economy for taxation reasons, the process of digitalization has emerged as one of the primary growth drivers. This expansion, together with aggressive tax planning strategies used by multinational enterprises (MNEs) to move revenues to low-tax jurisdictions and the development of business models requiring less physical presence, has increased the workload for tax administrators; furthermore, it has reduced governments’ capacity to raise funds in the traditional manner. In this regard, I assess how “adequate” the selected African countries’ frameworks are vis-à-vis the ongoing OECD and UN negotiations. Beyond the consultations, I call for a more inclusive and Africanised approach and the need for African countries to improve their tax administration mechanisms.

In light of accelerating technological innovation and shifts in dispute resolution paradigms, this article elucidates the transformative potential of blockchain technology and smart contracts in mediation. The paper posits that these advancements offer an innovative framework for dispute avoidance and a more efficient, transparent process for resolving conflicts, particularly in commercial settings. The article critically assesses the inherent challenges and argues that overcoming these obstacles necessitates a multi-stakeholder approach, encompassing legislative measures, educational initiatives, and technological enhancements. It ultimately contends that blockchain and smart contracts hold the capacity to significantly reshape the landscape of mediation.

This is an accepted manuscript of a book chapter in the edited volume: Big Data and Armed Conflict: Legal Issues Above and Below the Armed Conflict Threshold

This chapter provides background information on the evolution of the common law of contracts. It begins with a short history of the evolution of the common law in England including the roles played by the Roman Catholic Church, the development of a dual court system—one in law and the other in equity, the transition from absolute monarchy to a parliamentary form of government, the creation and restrictiveness of the English writ system, the common law’s reception in America, and the building of a general law of contract in the nineteenth century. It explains the historical differences between law and equity, along with the fusion of the two into a single court system. It also discusses the justifications given for contract law and its role in society. It describes the different perspectives of written or formal law, theory, and practice, and importantly, the difference between law in the books versus law in action. Finally, it explains the differences between rules, principles, and standards, and the boundaries of contract relative to other areas including tort and unjust enrichment.

The main purpose of transportation is connecting people to destinations they value. This seemingly banal statement would, if taken seriously in policymaking, upend transportation and land use planning. Today, planning agencies rely on key performance indicators (KPIs) to measure outcomes. While ostensibly neutral and technical, these measurements in fact imply policy judgments and drive legal consequences. They operate both as a shield against litigation and as a sword to justify new projects. But the way KPIs are set up reflects confusion about basic purposes. They are used to plan and evaluate based not on the ability to reach anything but rather simply to accelerate the speed of traveling. We seek to anchor transportation policy discussion in first principles. The shift we propose is mode agnostic in that it is relevant to all means of transportation. Even so, shifting from a goal of speed to one of reachability would be a leap. We believe such a shift suggests important open questions regarding the barriers to reform and we engage a few of them.

This paper provides insights on how business climate affect global value chains (GVC) participation in the panel of African nations. The study explores country-level data spanning over a period of 2006–2018. Using the novel method of moments (MM)-Quantile regression, system generalized methods of moments (SYSGMM) and Panel spatial consistent correlation (PSCC) techniques, the study finds that all aspects of business environment have significant impacts on GVC participation in Africa. In specific, information and communication facilities, getting electricity, getting credit, trading across border, enforcing contract, protecting investors and business start-up registration have positive and significant impact on GVC. We also discover that tariff reduces GVC participation while strong political institutions enhance participation. The study concludes that business environment factors are fundamental to ensure high level of GVC participation. Political institutional framework needs to be strengthened to further encourage GVC participation in Africa.

As African countries grapple with the challenges of terms of trade occasioned by economic uncertainty, there is a need for a study on the effect of terms of trade on household income in Africa. Also, as African countries continue to commit to the role of institutional quality in improving terms of trade, this study further reinforces the role of governance on household income in Africa. The study employs the Two-stage Least Squares (2SLS) fixed effects estimation technique based on data spanning 2002–2021 for 36 selected African countries. This study provides more robust evidence by employing household final consumption expenditure as a measure of household income. Findings suggest that improvement in the terms of trade stimulates household income. Similarly, the results indicate that governance plays a critical role in enhancing household income status in Africa. Specifically, government effectiveness, control of corruption, regulatory quality, rule of law, and political stability positively and statistically significantly influence household income levels in Africa. Furthermore, GDP per capita growth positively impacts household income, albeit the effect is statistically insignificant. On the contrary, higher inflation rates, exchange rate volatility, and foreign direct investment (net inflows) have a limiting effect on household income, although, the effect of currency depreciation is generally not statistically significant. Sequel to these findings, the study calls for strong institutional quality and export promotion strategies in Africa.

This paper investigates the recent performance of Nigeria towards Africa’s regional integration as a major power in Africa. The main objective of the research is to determine the extent of Nigeria’s commitment to the realization of the African Union’s vision of becoming a fully integrated, prosperous and peaceful Africa; and a dynamic force at the global level. Since her independence in 1960, Nigeria has been widely acknowledged as a leading power in Africa (The Giant of Africa) by several studies because of its preponderant political, economic and militarily power; influence; and benevolent contributions regarding to the liberation and progress of Africa. However, there are hardly substantive assessments of its recent performance towards Africa’s integration. The study adopts the Hegemonic Stability Theory; and descriptive analysis method to analyze data obtained from secondary sources. Analysis of the 2016 and 2019 Regional Integration Index (ARII) reports covering the period from 2010-2019 reveals that Nigeria has performed poorly towards the continent’s integration among its peers, both at the continental and sub-regional levels. The paper concludes that Nigeria’s poor performance would significantly slow the acceleration of Africa’s integration; and the country risks losing its leadership position in Africa to its rivals, especially South Africa. It recommends that the Nigerian government should take deliberate steps in formulating and implementing policies that would improve its performance across the five dimensions of the regional integration; and it should strengthen its commitment to consolidate its leadership position in Africa, and motivate smaller countries to contribute their best.

The paper is an investigation of the challenges of regional integration in Africa and their effects on the implementation of the African Continental Free Trade Area (AfCFTA) policy. The major objective of the paper is to proffer solutions to the challenges for the effective actualization of the policy. The assumptions of the neo-liberal theory were used to support the AfCFTA initiative to promote economic growth and development in Africa. The data used to advance the argument were obtained from secondary sources of data collection. The study finds that language barrier, multiple currencies, porosity of borders, foreign interference, political instability and insecurity, poor human development, over-lapping of membership of sub-regional organizations, poor state of infrastructure, and state-centric nature of integration initiatives are some of the core challenges hindering the effective execution of the AfCFTA policy. The study recommends that the African Union (AU) should intensify effort at realizing a single currency policy for Africa; design comprehensive regional security architecture to include high technological surveillance, joint air and ground border patrol among member states of Regional Economic Communities (RECs) to address trans-border crimes and insecurity. There should also be institutionalization of counterpart funding among AU member-states for infrastructural development; and encouragement of private and civil society participation in the integration initiative, among others. In concludes that if the challenges identified are not effectively addressed, it will be very difficult for the AU to successfully realize the objectives of the AfCFTA policy.