Bibliographie sélective OHADA

The purpose of this paper is to examine the relationship between employee pilferage of pilferage and security in beverage manufacturing companies in Lagos State. The study is anchored on the rational choice theory in order to understand the connection between pilferage and security in beverage manufacturing companies in Lagos State. The researcher adopted a mixed research method involving survey research and historical research designs. The population of this study is 8,595 staff. This comprises all employees of Promasidor Nigeria Ltd, Nigeria Bottling Company (Coca Cola), Cadbury Nigeria Plc, and Guiness Nigeria Plc. The sample size of the study was 400 determined using Rakesh Sample size formula. Data were collected from primary and secondary sources. Primary data were collected using questionnaires, while secondary data were collected from related works on pilferage and security in beverage manufacturing companies. Data collected from questionnaire were analyzed using absolute frequencies and simple percentages, while data from secondary sources were analyzed using relational-content analysis. Among other things, it was found that the higher the level of pilferage, the lower the level of security of employees in beverage manufacturing companies in Lagos State. Among other things, it was recommended that given that there is relationship between pilferage and security in beverage manufacturing companies in Lagos State, beverage manufacturing companies in the state should ensure that stealing is drastically reduced in their various organizations through employment, training and proper motivation of staff who must be full-time staff. This would largely make the employees committed to work and shun pilferage.

This research empirically examined the relationship between tax revenue and economic growth in Nigeria for the period 1994-2021. Ex-post facto research design was adopted in the investigation. Multiple regression analysis was employed, in which Auto-Regressive Distributed Lag (ARDL) model as the method of analysis was utilized in the research. The ARDL model evaluates long-run and short-run interactions among the specified variables. The unit root tests conducted using Augmented Dickey-Fuller (ADF) revealed that the time series variables used were stationary at level and the first difference, but none of the variables was stationary at the second difference. The ARDL – Bound test analysis revealed the existence of long-run equilibrium relationship between tax revenue and economic growth in Nigeria within the period of the study. The coefficient of error correction mechanism was statistically significant and also negatively signed. The results equally showed that both company income tax and value added tax were statistically significant and positively related to economic growth in Nigeria in both shot-run and long-run periods; whereas personal income tax was statistically insignificant and positively related to economic growth in Nigeria in both short-run and long-run. Based on the findings, the study therefore recommended tax authorities responsible for tax administration should upgrade the tax database to capture all potential tax-payers in order to broaden tax income.

The study investigated the impact of exchange rate depreciation on import demand in Nigeria from 1986 to 2021. The data used was sourced from Central Bank of Nigeria. Ex-post facto research design was adopted in the investigation. Multiple regression analysis was employed, in which Auto-Regressive Distributed Lag (ARDL) model as the method of analysis was utilized in the research. The ARDL model evaluates short-run and long-run interactions among the specified variables. The unit root tests conducted using Augmented Dickey-Fuller (ADF) revealed that the time series variables used were stationary at level and the first difference, but none of the variables was stationary at the second difference. The ARDL – Bound test analysis revealed the existence of long-run equilibrium relationship between exchange rate depreciation and import demand in Nigeria within the period of the study. The coefficient of error correction mechanism was statistically significant and also negatively signed. The results equally found that exchange rate depreciation is statistically not significant and negatively impacted on import demand in Nigeria in the short-run. However, in the long-run, exchange rate depreciation is negatively impacted to import demand and statistically significant. Causal relationship does exist between exchange rate depreciation and import demand in Nigeria with causation running from import demand to exchange rate depreciation. On the basis of the findings, the researcher made the following recommendations among others: Government should consider inward looking to strengthen the imports substitution policies that ensure massive production of goods and services.

This work explored the dynamics of Nigeria-China relations from the political and economic points of view between 1999-2023. The primary concern of this paper is to discern the extent Nigeria-China relations is mutually beneficial and how Nigeria can stand to gain more if the relationship is properly aligned to Nigeria’s national interest. The central argument of this work is that Nigeria stands to gain more from China than from the West bearing in mind the fact that over one hundred years of Africa’s relationship with the West has been largely exploitative and disadvantageous. In this regard, the research employed both primary and secondary sources of data collection. The primary sources relied on first-hand information gathered from the Chinese Embassy as well as key actors within the Nigeria External Affairs Ministry and Key Informant Interviews on experts in Nigeria-China relations. The secondary sources relied on already existing information from libraries, text books, journals and the internet. The theoretical framework employed is the Complex Interdependence Theory. The conclusion drawn from this work is that Nigeria-China relations have not fully developed to the extent of being more beneficial to Nigeria economically and politically. What currently subsists is that China is gaining economically more in terms of trade to Nigeria’s disadvantage. However, politically and socio-culturally, the two countries are mutually benefiting due to various diplomatic protocols and cultural exchanges. The study recommended among others that Nigeria must strive to develop her techno-industrial export-oriented base to ensure more symmetric beneficial relationship with China.

This study investigates the impact of the arbitration cases under the Investor-State Dispute Settlement (ISDS) scheme on cross-border direct investment in the form of merger and acquisition deals. The initiation of ISDS claims has significant and negative effects on direct investment from the claimant home country to the developing or weak-institution responding country. Indirect expropriation claims often have stronger effects than direct expropriation claims. The investor-win arbitration cases produce a significant substantiation effect by reducing merger flows, while the state-win cases produce an acquittal effect that encourages the subsequent capital inflow to the respondent state. Both effects are more striking in weak-institution or less developed target countries. We also detect some spillover effects of ISDS arbitration.

This study extensively explored the potential of digitalization in The Gambia Revenue Authority's tax administration, amidst concerns over the practical application of digital tools and their underutilization, which have hindered the realization of improved revenue mobilization and efficient tax processes in The Gambia. The research, adopting a mixed method design, aimed to understand the intricate relationship between digitalization and tax administration in The Gambia. With specific objectives, including identifying driving factors, examining effects, and evaluating the correlation with GRA's performance, the study adopted quantitative and qualitative analyses. Similarly, the study population is two thousand, one hundred and eighty-eight (2188). Using Krejcie and Morgan (1970) formula, out of 2188 population of the study, three hundred and twenty seven (327) were selected as the sample size. This encompassed individuals drawn from the Ministry of Finance and Economic Affairs, GRA staff, and corporate taxpayers using a stratified and proportionate-to-size sampling approach. Hypotheses analysis revealed a statistically significant and positive effect of digitalization on tax administration, indicating improved efficiency and GRA effectiveness. Also, Spearman's rank-order correlation affirmed a positive relationship between digitalization and tax administration. Furthermore, qualitative insights from stakeholder interviews highlighted drivers such as international financial body stipulations, modernization imperatives, trust-building, accurate record-keeping, and alignment with global standards. Recommendations include training programs for GRA staff, public awareness campaigns, and enhancing user experiences for e-payment systems, among others.

Most transactions that leave an imprint on the environment and communities are organized by commercial contracts. However, little is known about the way in which parties reflect sustainable development in contractual clauses. How can parties to international contracts commit to respect sustainable development goals? What are the possible degrees of commitment? Which contractual mechanisms can apply to the monitoring of compliance? How does one establish a link between the failure to meet sustainable development goals and the contractual liability or termination of contract? This article identifies contractual clauses relating to sustainable development and analyses these clauses through the lens of the 2016 International Institute for the Unification of Private Law (Unidroit) Principles of International Commercial Contracts (PICC). Drawing inspiration from open access contracts, the analysis will demonstrate that Article 1.8 of the PICC, precluding inconsistent behaviour, and Articles 5.1.4 and 5.1.5, on the duty of best efforts and the obligation to achieve a specific result, as well as the provisions on liability, can assist contract drafters, judges, and arbitrators in drafting and interpreting such clauses.

Although the forging of an efficient system for enforcement of security interest is one of the central expectations of secured transaction law reforms in civil law systems, the results hardly give reason for satisfaction. As the reforms tend to be supported and influenced by various international organizations’ projects (especially the World Bank, the European Bank for Reconstruction and Development, the International Institute for the Unification of Private Law, and the United Nations Commission on International Trade Law), most out-of-court methods of enforcement of security interests have played a central role. Yet due to civil law’s general hostility towards self-help as such, either the introduction of the concept has been rejected or the local limited-reach kin have been merely ‘paper tigers’. Similarly, although security interests on several types of collateral (accounts, investment property) or on the workhorse of the English financial system—the floating charge—have also been enforced extrajudicially (save the exceptions), little attention has been attributed to these enforcement modalities. The same applies to strict foreclosure in civil law systems still being prohibited, or restricted, and thus rarely resorted to, due to the inherited hostility towards the doctrine of lex commissoria. Rethinking local laws on preliminary and temporary court orders to match them with such globally known ex parte preliminary measures as the English Mareva Injunction or the French Saisie Conservatoire, which allow creditors to swiftly freeze debtors’ assets and thus substitute self-help repossession, has also been given short shrift. The enforcement segment, consequently, remains the Achilles’ heel of secured transaction law reforms in civil law systems. This article desires to contribute to reform literature by addressing these deficiencies and by offering tested, fully or partially fitting, functional equivalents of self-help repossession.

On 23 November 2017, OHADA member states adopted the Uniform Act on Mediation. The Act lays down rules relating to mediation of disputes which, if successful, ends in a settlement agreement. Settlement agreements that are not freely respected by the parties will have no effect unless they are forcefully executed. Forceful execution is made with the help of a court or notably public who are empowered to insert an executory formula on the agreement after verification of its regularity. These local authorities involved in the enforcement process rely on domestic laws of member states which vary from state to state. This has the effect of tainting the harmonization process intended by the OHADA lawmaker and may be inimical to investors. This raises the problem of the suitability of the Act to dispute settlement as regards enforcement of settlement agreements. With the help of qualitative and comparative analysis, this article brings to limelight the intricacies of the enforcement of settlement agreements underOHADA. It concludes that enforcement of settlement agreements is rendered simple and rapid but faces serious drawbacks which could be alleviated by setting up OHADA mediation institution to oversee the entire mediation process, besides other recommendations.

يعد التضامن مبدأ من مبادئ القانون التجاري، وأحد أهم الضمانات التي يعتمدها قانون الصرف من أجل حصول حامل الورقة التجارية على قيمتها عند ميعاد استحقاقها، إذ يحق لهذا الأخير الرجوع على أي موقع أو على جميع الموقعين بكامل قيمة الورقة التجارية. تعد الأ وراق التجارية من وسائل الدفع التي تقوم مقام النقود في الوفاء، فهي تؤدي نفس الوظيفة التي تؤديها النقود، كما وأنها قابلة للتداول، ونظرا لأهمية هذه الأوراق في المعاملات التجارية ولكي تقوم فعلا مقام النقود في الوفاء فقد أحاطها المشرع الجزائري بمجموعة من الضمانات حماية للثقة والائتمان القائم بين التجار،ويعتبر التضامن الصرفي من أهم هذه الضمانات؛ إذ يحمي حامل الورقة التجارية ويشعره بالأمان والطمأنينة، والذي يجعل كل موقع عليها ضامنا للوفاء عند امتناع المسحوب عليه وبذلك يمكن للحامل الرجوع على الملتزمين الصرفيين منفردين أو مجتمعين والمطالبة بقيمة الورقة التجارية سواء كان ذلك في ميعاد استحقاقها أم قبل ذلك الميعاد، فكل موقع عليها يكون مسؤولا على وجه التضامن مع الملتزمين الآخرين Solidarity is one of the principles of commercial law, and one of the most important guarantees adopted by the exchange law in order for the holder of the commercial paper to obtain its value when it is due, as the latter has the right to recourse to any signatory or to all signatories for the full value of the commercial paper. Commercial papers are considered a means of payment that takes the place of money in fulfillment. They perform the same function that money performs, and they are also negotiable. Given the importance of these papers in commercial transactions, and in order for them to actually take the place of money in fulfillment, the Algerian legislator has surrounded them with a set of guarantees to protect trust and credit. existing between merchants, and exchange solidarity is considered one of the most important of these guarantees. It protects the holder of the commercial paper and makes him feel safe and reassured, which makes every signatory of it a guarantor of payment in the event of the drawee’s refusal. Thus, the holder can return to the exchange obligors individually or jointly and claim the value of the commercial paper, whether that is on its maturity date or before that date. Each signatory of it is responsible. In solidarity with other committed people.

Taxpayer confidentiality and its implications (if any), on illegal miners

La Cour pénale internationale a été créée dans un but à la fois de répression et de réparation. Ces deux objectifs continuent de se concrétiser et sont clairement devenus indissociables de toute définition qu’on pourrait donner à la CPI. Cependant, si une égalité apparente pourrait exister entre ces deux objectifs, l’effectivité de la réparation s’est montrée, à bien des égards, dépendante de l’effectivité de la répression. La décision du 1er juillet 2016 rendue dans l’affaire Ruto et Sang a confirmé et renforcer cette dépendance. Malheureusement, les victimes sont celles qui paient le plus de frais de cette réalité. Il devient donc urgent pour la CPI de régler cette situation, ne serait-ce que pour offrir plus d’espoir aux victimes. Le salut pourrait venir d’une remise en cause des principes régissant les procédures devant la Cour. Sans rien inventer, la CPI pourrait grandement s’inspirer de certaines pratiques étatiques. D’abord, il pourrait être envisagé de dissocier et de rendre autonomes les procédures qui visent la condamnation pénale et celles qui visent la réparation, de sorte à rendre l’absence de condamnation pénale inopportune pour la détermination de la responsabilité civile de l’accusé. De plus, il pourrait être envisagé des alternatives lorsqu’il n’y a pas de civilement responsable, de sorte à offrir une reconnaissance juridique aux victimes et à leur donner une ordonnance de réparation. En ce sens, la CPI gagnerait peut-être à aller au-delà de la responsabilité individuelle. Enfin, les États devraient être mis un peu plus à contribution en renforçant leurs obligations respectives à l’égard des victimes.

Bien que l'intelligence artificielle ait émergé dans les années 1950, elle n'a été considérée comme un objet juridique que récemment. Le récent vote du règlement IA par les institutions de l'Union européenne représente un jalon crucial vers l'établissement d'un cadre juridique spécifique à l'IA. Cette étude vise à explorer le parcours ayant conduit à l'adoption de ce règlement européen sur l'IA. Nous avançons que l'histoire de l'IA révèle d'importantes contradictions juridiques. Sa nature évolutive et la diversité des discours entourant sa science fondamentale, l'informatique, sont aussi cruciales que les développements techniques ayant mené à sa création. Cette complexité a persisté dans les efforts pour définir juridiquement l'IA. L'Union européenne a rencontré des difficultés pour préciser ce qu'est l'IA et pour formuler un régime réglementaire adéquat, mettant en lumière le défi de marier les approches fondées sur les risques et les droits dans sa régulation. Nous proposons de redéfinir l'IA en tant qu'objet sociotechnique et suggérons une série de mesures pour équilibrer le règlement IA entre les approches basées sur les droits et les risques.

The International Financial Reporting Standards (IFRS) are supposed to raise the value relevance of accounting information and thus ensure its usefulness for users. Most of the studies on the relevance of IFRS-based accounting information were conducted in countries that had previous accounting standards before the adoption of IFRS. However, the relevance of accounting information is influenced by the accounting traditions inherited from previous practices. This study provides distinctive evidence on the relevance of IFRS accounting information by examining the association between accounting information prepared by Palestinian companies and share prices. Palestine represents a pure IFRS environment since IFRS is its first financial reporting framework. The study estimates the impact of accounting information, including book value of equity per share, earnings per share, and operating cash flow per share, on the market value of the share. Totally, the results show that the accounting numbers prepared by Palestinian companies are relevant. Precisely, earnings per share and book value of equity per share are the important variables in determining the share market value. Notwithstanding, no significant impact of operating cash flow per share has been observed. Moreover, evidence supporting the existence of conformity and predictive relevance is obtained, but the overall predictive relevance is higher. To enhance the relevance of IFRS information, this paper recommends local regulators and policymakers to work on improving the readiness of the Palestinian environment to fully benefit from the adoption of IFRS. On the other hand, the International Accounting Standards Board should adequately consider the circumstances prevailing in underdeveloped countries when issuing its standards. For future research, larger samples from several countries with different prevailing factors should provide insights into the mechanisms of the relationship between book and market values.

The present study aimed to identify the duties – expressed and implicit – that arise for transnational companies when their economic activities are conducted on indigenous lands or have an impact on them. To this end, identified the most recurrent violations of indigenous peoples' interests regarding the commercial exploitation of their lands or surroundings. Adopting the context of the Krenak people, it was identified that the Krenak, similar to other indigenous peoples, have experienced conflicts on multiple fronts due to large scale projects affecting their territoriality, access to natural resources (with prejudice to their subsistence), and their very way of life and existence. Reflecting on the commitment made to by political entities and their respective branches with the enactment of the Federal Constitution of 1988, the constitutional provisions were interpreted from a historical perspective. It was identified that economic exploitation of indigenous lands -contingent upon legislation - shall, if enacted (because it is not a constitutional duty but a mere possibility), adhere to the criteria previously outlined in the Constitution, including consultation with the peoples concerned, authorization by the National Congress, and the right to participate in the results of the extraction. Furthermore, the principles derived from these criteria include the exceptional nature of exploration, preservation of indigenous wealth - both material and immaterial - and recognition of indigenous thought as a decisive element. It was concluded that these principles entail an extensive list of duties for transnational companies concerning indigenous peoples, which must be implemented with consideration for indigenous worldviews - an underlying assumption for the application of indigenous rights. This list is not static; rather, it should evolve with human rights developments and ensure the ability to address new challenges arising from the relationship between transnational companies and indigenous peoples.

Over the last decade, corporate governance has become crucial to solving agency problems and achieving objectives for organisational sustainability . At the heart of this governance, internal audit is recognised as an essential control mechanism for improving business performance. In the face of digitalisation, internal audit must adapt, presenting new challenges and opportunities. This paper explores the impact of digitalisation on the effectiveness of internal audit as a governance mechanism, developing a conceptual model through an extensive literature review.

Beyond the thorny, even insoluble question of the definition of a region and the definition of the criteria that should make it possible to apprehend the polymorphism of rio s, the raison d’être of these organizations, their mode of operation and their activities are at the heart of the debate on “international governance”. For many authors, the advent of RIO s has often been seen as a challenge to the state monopoly in the international legal order and a redefinition of the relationship between these particular organizations and states. It is this relational dynamic between the States and the RIO s that this contribution aims to describe and analyse. The aim is to examine the originality and specificity of the relationship between the RIO s and the States, compared to the latter’s relationship with the ‘classic/universal’ ios, which would reveal something about the very nature of regional organizations.

Mobile money is purported to promote financial inclusion. The growing number of studies have largely focused on transactions and related benefits with limited attention to emerging challenges, policies and initiatives that address the relative needs of different stakeholders. Consequently, little has been done to probe the ‘bottom-of-the-pyramid’ paradigm that underpins these assumptions. There has been inadequate endeavour to examine ways that empirical research could shed more light on these challenges and how to overcome them. To address these gaps, this study reviews the emerging literature on mobile money that explores both benefits and challenges. From our study three main themes emerge that suggest areas where challenges to the efficacy of the mobile money-financial inclusion link still appears not to have been adequately addressed by policymakers: ensuring integrity, privacy and security; addressing resource and infrastructure constraints; and integrating stakeholder benefits. Yet we suggest merely addressing these challenges does not go far enough in safeguarding the needs of local communities, as major stakeholders. Evidence from our study suggests little direct benefit to the poorer sections of local communities, only to the strata above and to elites and external stakeholders. This has implications for development and social change through technology adoption.

Section 23(5) of the Insolvency Act poses an interesting challenge, namely vesting a portion of an insolvent’s post-sequestration income in the trustee of the insolvent estate without infringing on the insolvent’s constitutional rights. The income earned by the insolvent during sequestration is in general excluded from his estate and does not vest in the trustee, unless the Master determines that a portion of the insolvent’s income will not be required to maintain the insolvent and his dependents. In such a case, only the portion deemed to be surplus to requirements will be included in the insolvent estate and will vest in the trustee. The question of what role the insolvent’s income should play during the sequestration process, and therefore how section 23(5) should be interpreted and applied, has vexed the courts and numerous practical and constitutional issues arise. This study examines the application and shortcomings of section 23(5) during the administration phase of the sequestration process. It then explores the lessons learned during the recent constitutional scrutiny and subsequent amendment of the emoluments attachment process. Lastly, recommendations are made for possible law reform of section 23(5).

With the adoption of the Act to amend the Environment Quality Act in order to reinforce compliance in 2011, the legislator came to establish a system of administrative monetary penalties for the protection of the environment. This new regime aims for a faster sanction that can be issued directly by the administrative power. This new sanction not only strengthens the applicability of the Environment Quality Act, but it also adds an additional burden to Quebec businesses. The objective of this thesis is to understand to what extent the system of administrative monetary penalties impacts the liability of administrators. To do this, we will first present the Environment Quality Act, which mainly governs the protection of the environment in Quebec, and above all describe the nature and objective of this system of administrative monetary penalties. Next, we will deal with certain aspects of this regime which have implications for administrator's liability. Finally, we will attempt to briefly introduce some of the observations we have made regarding the challenges and limitations of this administrative regime. Avec l’adoption de la Loi modifiant la Loi sur la qualité de l’environnement afin d’en renforcer le respect en 2011, le législateur est venu instaurer un régime de sanctions administratives pécuniaires en matière de protection de l’environnement. Ce nouveau régime vise une sanction plus rapide qui peut être émise directement par le pouvoir administratif. Cette nouvelle sanction renforce non seulement l’applicabilité de la Loi sur la qualité de l’environnement, mais elle ajoute en même temps un fardeau supplémentaire aux entreprises québécoises. L’objectif de ce mémoire est de comprendre dans quelle mesure le régime de sanctions administratives pécuniaires impacte la responsabilité des administrateurs. Pour ce faire, nous allons d’abord présenter la Loi sur la qualité de l’environnement qui encadre principalement la protection de l’environnement au Québec et surtout décrire la nature et l’objectif de ce régime de sanctions administratives pécuniaires. Ensuite, nous traiterons de certains aspects de ce régime qui entraînent des conséquences au niveau de la responsabilité des administrateurs. Finalement, nous tenterons d’introduire brièvement certaines remarques que nous avons tirées concernant les défis et limites de ce régime administratif.