Bibliographie sélective OHADA

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.

This paper on Trade Agreements within SSA, is an assessment of the ex post bilateral trade effect of the European Union-African Caribbean Pacific Preferential Trade Agreement (EU-ACP PTA) and sub-regional regional trade agreements (RTAs) on bilateral trade involving SSA countries. The main objective is to find out if EU trade preferences and regional trade agreements within SSA had increased trade flows. Estimating a gravity model augmented with measures of trade agreements, the paper made use of bilateral trade flows and key gravity covariates from CEPII database on 73 countries (48 SSA and 25 EU countries) over the period 1960-2006. After controlling for the endogeneity of the trade agreement dummy, accounting for multilateral price resistance and zero-valued trade flows, the findings indicate that the EU-ACP PTA and RTAs within ECOWAS and SADC have a positive and significant impact on bilateral trade involving SSA countries. In some cases the relative impact of the sub-regional RTAs was found to be stronger than the EU-ACP non-reciprocal PTA. The results therefore indicate the need for developing countries especially within SSA to focus on expanding and integrating regional markets in order to significantly improve trade performance.

Following closely the analytical approach adopted by Head and Mayer (2004) and Novy (2010), this paper derives a micro-founded bilateral trade cost measure for sub-Saharan Africa (SSA) as a function of observable domestic and inter-national trade data. The derived measure of trade cost by Novy (2010), consistent with the Ricardian and heterogeneous firm's models of trade, enables us to track changes in trade costs in SSA over time. This is a significant contribution to the trade cost literature in SSA because measures of many components of trade frictions in SSA have been unreliable. Based on bilateral trade data from BACI and production figures from the Trade, Production and Protection database by Nicita and Olarreaga (2007) for the period 1980-2003, our estimates of the tariff equivalent bilateral trade costs measure indicate that on average trade costs in SSA are relatively higher than other regions, confirming evidence which indicates trading costs in SSA to be the highest within the global trading system. The estimates indicate that SSA countries traded with each other at a lower cost than they did with other regions with the exception of the EU. Within SSA, member countries of economic blocs traded at relatively lower costs than trade with non-member countries. Using each of the main five economic blocs within SSA as a reference, overall average relative bilateral trade costs within bloc was significantly lower than across blocs. This paper therefore argues for increased efforts at regional integration within SSA to derive benefits from lower trade costs.

Regional economic integration arrangements have their own purpose, legal framework, institutional set-up, history, and trajectory, and this paper aims to study these factors in relation to the Economic Community of West African States (ECOWAS). When dealing with regional integration, it is important to consider governance, trade liberalization, and its social impact. The paper focuses on the West African Economic and Monetary Union (WAEMU) and the Organization for the Harmonization of Business Law in Africa (OHADA) to analyze labour law harmonization, poverty reduction strategies for development, gender empowerment, and democratic participation. Suggestions to strengthen socio-economic development include promoting social dialogue and how the International Labour Organization and other institutions' can help with better integration in Western Africa. Ultimately, identifying and understanding the unique economic integration arrangements of certain communities can help develop their paths towards a fairer globalization for all.

Online reputation mechanisms are emerging as a promising alternative to more established mechanisms for promoting trust and cooperative behavior, such as legally enforceable contracts. As information technology dramatically reduces the cost of accumulating, processing and disseminating consumer feedback, it is plausible to ask whether such mechanisms can provide an economically more efficient solution to a wide range of moral hazard settings where societies currently rely on the threat of litigation in order to induce cooperation. In this paper we compare online reputation to legal enforcement as institutional mechanisms in terms of their ability to induce cooperative behavior. Furthermore, we explore the impact of information technology on their relative economic efficiency. We find that although both mechanisms result in losses relative to the maximum possible social surplus, under certain conditions online reputation outperforms litigation in terms of maximizing the total surplus, and thus the resulting social welfar