Bibliographie sélective OHADA

DI-fusion, le Dépôt institutionnel numérique de l'ULB, est l'outil de référencementde la production scientifique de l'ULB.L'interface de recherche DI-fusion permet de consulter les publications des chercheurs de l'ULB et les thèses qui y ont été défendues.

Regional integration is a complex process of supranational relations in order to respond to the challenges of the national, regional and international conjuncture. It is understood that in order to respond to the challenges of regionalization in this case, the Economic Community of West African States (ECOWAS) must gradually move to multilevel governance, which therefore plays a crucial role in the development of regional integration policies. Based on the neofunctionalist theory, this paper has as main objective to understand the influence of multilevel governance in the development of regional integration policy in ECOWAS. This article is based on a qualitative analysis, using data collected through documents from secondary sources. This is a comprehensive analysis of multilevel governance and the challenges of regional integration policy in ECOWAS. The results, after a systematic analysis of the available data, show that multilevel governance in ECOWAS began with the structural and regulatory reforms of the Revised Treaty of 1993 and a number of other mechanisms which allowed the sharing of the objectives of the Community with the other institutions, in addition to the Conference of Heads of State and Government and non-state actors.

The energy industry is a key source of growth stimulation for developing states. This is true not only in terms of economic growth, but also in terms of the transfer of knowledge and skills as well as the provision of employment opportunities. Understandably, developing states are well-disposed towards international investors, and are eager to enter into petroleum investment contracts with the expectation that this will bring the aforementioned benefits to their countries particularly where the host state is less able to act as a provider of such resources autonomously. On a global scale, regardless of their type, all investments face risks. These risks are volatile in nature and reach as the world economy globalises. It is, of course, true that political risk phenomena per se are potentially destructive to all industries. However, it is fair to say that due to its high stakes, the energy industry is more acutely exposed and subject to political risk than most sectors. The purpose of this article is to examine political risk, particularly direct expropriation risk, in long-term energy investment projects. This paper will refer to arbitral decisions with regard to expropriation cases, as well as the valuation techniques applied by the investment arbitration tribunals in unlawful expropriation cases.

This study evaluated the extent to which value relevance of financial information in Nigerian manufacturing firms has improved after the implementation of International Financial Reporting Standards (IFRS). Specifically, the study intended to: Ascertain the extent the adoption of IFRS has significantly improved the book value per share of manufacturing companies in Nigeria; Determine the extent the adoption of IFRS has significantly improved the Earnings Per Share of manufacturing companies in Nigeria and Examine the extent the adoption of IFRS has significantly improved the cash flow of manufacturing companies in Nigeria. Ex-post facto research design was adopted for the study. A sample of 54 manufacturing companies was randomly selected from manufacturing companies quoted on the Nigerian Stock Exchange for the periods of 2008-2015. Data for the study were obtained from the annual reports and accounts of the sampled companies. Specifically, a modified price model for detecting value relevance of accounting data for two different periods was employed. Regression Analysis and Chow test statistical tools were used to analyze and validate the data with aid of SPSS version 20.0. The study found that the adoption of IFRS has improved the book value per share, market share price, Earnings Per Share and cash flow of manufacturing companies in Nigeria. The implication of findings is that the value relevance of accounting information of manufacturing companies is more sensitive during Post-IFRS era than the Pre-IFRS era. The findings also imply that the book value per share, market price, earnings and cash flow have become informative to equity investors in determining the value of firms following IFRS adoption. The study recommends among other things that the accounting information for book value per share should be communicated to the investing public; and such information should be of high quality to avoid negative consequences on the part of investors.

A contract involves s a promise between two persons for the exchange of either good or services. A contract signifies the free consent of the parties to the contract to be bound by law. For a contract to be valid, it must have these basic elements: mutual assent, consideration, capacity, and legality. Mutual assent is characterized by offer and acceptance through mutual accent; "consideration," on the other hand denotes any form of compensation with something of value for the goods or services traded. A contract between persons, either natural persons or legal persons, who have no capacity to contract can either be voidable or void depending on the case. Legality gives the condition that should be satisfied for a contract to be excised by the law. Illegal contracts are for example those involving illegal activities. For example one can't bring a plea of damages to a court of law for breach of a contract entered into to kill another person.The possible remedies for breach of contract are; general damages, consequential damages, reliance damages, and specific performance. This paper will examine the capacity to contract as pertains to contracts entered by minors minor's.

This article analyses the regulation of cross-border insolvency under the Cross-Border Insolvency Act 42 of 20001 in order to examine the adequacy of such regulation as regards to the enforcement of insolvency proceedings in South Africa and other relevant jurisdictions. To this end, the paper provides an overview analysis of the regulation and/or enforcement of insolvency proceedings under the Cross-Border Insolvency Act. Moreover, where possible, the paper also provides a comparative analysis of selected aspects of the regulation and/or enforcement of insolvency proceedings under the Cross-Border Insolvency Act and those that are provided under the Insolvency Act 24 of 1936 and other related international instruments. This is done to expose the challenges and future prospects of the regulatory and enforcement framework under the Cross-Border Insolvency Act in South Africa.

Encyclopaedic Corporate Governance (CG) is now a mainstream issue of concern in the business world. Yet, there has been no systematic investigation of CG practices in general, allowing for a distinction between the profit and non-profit organizations. In this regard, this article aims to investigate the nuances in the application of sound governance principles across different types of organizations in general, together with the understanding and applications of Corporate Social Responsibility (CSR) and Corporate Regulation (CR) in the context of the OHADA zone. With CSR envisages as a model of CG that extends the fiduciary duties from fulfilment of responsibilities towards the shareholders of the firm to fulfilment of analogous fiduciary duties towards all the firm?s stakeholders. Thus, after considering the place of CSR in the debate about alternative CG modes, a full-fledged social contract foundation of the multi-stakeholder and multi-fiduciary model is present. The article, therefore, shows that CSR is a social norm that would endogenously emerge from the stakeholders? social contract seen as the first move in an equilibrium selection process that reaches the equilibrium state of a CG institution; and as a global trend involving corporations, states, international organizations and civil society organizations. Besides, the article portrays the trend of CSR in three ways: as a regulatory framework that places new demands on corporations; as a mobilization of corporate actors to assist the development aid of states and; as a management trend. With each of these portraits suggesting certain actors, relations, driving forces and interests as being central. These multiple identities may partially describe the trend?s success, but could equally well describe its contestation, fragility and fluidity. Based on the argument that CSR is not just a fashion but rather the future from another angle, the article explicitly explores the nexus between CSR, CG and CR as appreciated in the OHADA zone. It also presents fresh insights into the applications of CG and CSR principles under the OHADA perspective that has not received systematic attention and consideration in the literature and, thus, provides policy recommendations to mainstream a viable CSR framework in the OHADA zone.

This paper aims to investigate Corporate Alternative Conflict Management and Dispute Resolution compliance through an appraisal of International Arbitration practices in Project-based Organizations in the Nigerian Construction Industry. In this study, simple percentages and frequencies of occurrence were used to analyse data derived through subject matter interviews and a questionnaire survey. Using the Survey Monkey tool, 85 questionnaires were distributed to key players in the AEC (Architecture-Engineering-Construction) Industry including Engineers, Project Managers, Architects and Quantity Surveyors and 53 were returned complete. The survey indicated that 66% preferred a more private Construction Arbitration to a public Litigation as a preferred method of dispute resolution, with 65% agreeing that a lack of proper project funding hinders the arbitration process in the Nigerian Construction Industry. 66% agree that Arbitration Time contributes more to project delays while 32% believe that Cost of the arbitration process is the greater source of project delays. We recommend that issues of confidentiality be carefully managed in dealing with outside counsels, while Project-based Organisations in Nigeria should ensure to develop master plans compatible with long-term strategies, including setting aside adequate funding for the timely resolution of project disputes through the implementation of only Arbitration-friendly contracts. This paper contributes to knowledge by bringing to bear the current compliance levels of project-based organisations in the practice of Arbitration in the Nigerian Construction Industry.

L’objectif de cette étude est de déterminer les caractéristiques de la cohérence africaine dans l’environnement des affaires (OHADA ) appliquées aux 17 pays de l’Afrique noire francophone qui vise l’unification des efforts et de visions permettant l’amélioration de transparence ( transparence des affaires, transparence financière, transparence du marché,…) notamment la production d’une information de haute qualité à travers d'un référentiel comptable unique (inspiré fortement du plan comptable général Français) et d’apprécier si ce système est inspiré des normes comptables internationales IAS/IFRS. Après l’achèvement de cette recherche, nous avons atteint un ensemble de résultats. Parmi ces résultats, le système OHADA est un cadre philosophico-légal et institutionnel qui encourage les pays membres à une convergence et une harmonisation comptable. Toutes les circonstances sont prêtes et incitent les pays membres d’aller ou d’adopter l’intégration économique dans l’espace Africain dont l’intégration comptable fait partie. Aucun pays de l’espace OHADA ne peut bénéficier des avantages que donne le système comptable de cet espace sans qu’il y ait une volonté politique pouvant assurer de l’intégration pour confronter les mutations et les défis mondiaux.

Résumé Cet article examine l’influence du profil du dirigeant de PME sur l’utilisation de l’information comptable dans le contexte Sénégalais. Les résultats obtenus à partir d’une enquête sur 59 PME mettent en évidence les types d’informations comptables exploitées par cette catégorie d’entreprise. Il s’agit, entre autres, de l’information sur les coûts, les comptes annuels et le budget. Les données empiriques exploitées confirment que le degré d’utilisation de certaines informations comptables est influencé par le profil du dirigeant de PME.

The Organisation for Harmonisation of Business Law in Africa (OHADA) was established in October 1993 with the ambitious aim of inciting economic development in its Member States. Through the adoption of Uniform Commercial Laws, the organisation is expected to create an enabling environment for business development, thereby providing for a path to economic growth and subsequent development. In light of this professed aim, both the transnational methodological approach and comparative law theories are used in this paper to critically analyse the various processes conducted under the OHADA banner and to engage in discussions on the highly debated role of law as a vehicle for development in sub-Saharan Africa. This exercise, which proves crucial in order to trace its origin within the global governance and law and development theories, allows us to present OHADA as a transnational legal system, while also highlighting both its strengths and limitations.