Bibliographie sélective OHADA

The Convention for the International Sale of Goods called the Vienna Conference 1980 is an astute international statute that regulates the sale of goods globally. It has been ratified by about 83 countries of the world and countries that have not ratified it have at a point or the other made reference to it. Major economic players apart from England have ratified and have their courts pronounce on the CISG. The Convention provides for the well known elements of contract and also allows for the usage of standard user terms, for example, general terms known or related to certain goods. It is imperial to state that there are also certain regional statutes that are similar to the CISG although with varying differences. It is important to also mention that the CISG also has its lacunae and defects such as allowance for exemption, contents and so on. The CISG has been pronounced upon by courts across the world and has been seen to be highly justiciable.

This article examines the existing literature on trade liberalisation and its effect on the economies of developing countries. It will also briefly examine the theory of comparative advantage which is seen as justification for global trade liberalisation under the auspices of the World Trade Organization. This process is also associated with greater openness, economic interdependence and deepening economic integration with the world economy. The study is important because once again the international institutions strongly advocate trade and financial liberalisation in developing countries. The proponents of trade liberalisation argue that multilateral trade negotiations would achieve these goals, and poor countries particularly would benefit from it. However, such policies may increase vulnerability and make developing countries further hostages of international finance capital. Adoption of open market policies in agriculture would also mean the abandoning of self-reliance and food sovereignty, which may have wider consequences in terms of food shortages, food prices and rural employment.

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Abstract not available.

L'adaptation du droit au numérique apparaît comme une nécessité résultant de l‟essor considérable du numérique. Le numérique offre beaucoup d‟opportunités, mais engendre beaucoup de contraintes d‟ordre juridique. Une assez appréciable adaptation du droit au numérique est opérée par le législateur malien et les législateurs de certaines communautés sous régionales telles que l‟UEMOA, la CEDEAO et l‟OHADA. Cette adaptation est justifiée par la nécessité de donner aux acteurs les moyens de tirer profit du numérique avec une sécurisation juridique du cyberspace. Toutefois, elle doit être poursuivie afin de suivre l‟évolution rapide du numérique. The adaptation of the Law to digital is an necissity resulting at the big progress of the digital. The digital gives many opportunities, but creates so much diffuculties relating to law. Quite appréciable adaptation of malian law to the digital is done by national lawyer and lawyers of some communauties regarding Mali, such as WAMU, ECOWAS and OHADA. This adaptation is justified by the necessity to give the aims to use cyberspace and juridical security to the differents actors relating this space. But it must be continued in order to follow the evolution of the digital.

Promotional competitions are competitions in which prizes are awarded by lot or chance in order to promote goods or services. Due to the chance element, these competitions are often categorised as lotteries or gambling. Initially, South African legislation did not make provision for the running of promotional competitions, but this situation changed when the Lotteries Act, 1997 came into force. Currently, promotional competitions are regulated by the Consumer Protection Act, 2008 (CPA). This thesis examines the regulation of promotional competitions in South Africa. It commences with a background discussion, which touches on the relevant terminology and some sociological aspects. It then considers the consequences of gambling and the need for and nature of regulation, and deals with the marketing and consumer protection contexts. This is followed by a brief overview of the global and South African history of gambling, lotteries and promotional competitions, which includes a discussion of South African case law. Foreign law relating to promotional competitions in New Zealand and Great Britain is explored in order to compare this to the South African position. This is followed by an examination of the current regulation of promotional competitions in South Africa, including a discussion regarding the interplay between the CPA and the Lotteries Act and a detailed analysis of the CPA’s provisions. The self-regulation of promotional competitions is discussed as well. The concluding chapter of this thesis contains recommended solutions for the problems identified in the analysis of the relevant legislation.