Bibliographie sélective OHADA

This report examines the experiences of Ghanaian exporters and importers with trade regulations and related procedural obstacles – highlighting their concerns and the challenges they face. A survey of 960 traders on non-tariff measures found that almost half of exporters in Ghana encounter obstacles. This finding underscores the importance of the solutions proposed in the country’s National Export Development Strategy. The report finds that tackling foreign and domestic trade obstacles such as conformity assessment requirements, export inspections and customs clearance procedures could help Ghana boost its annual exports by up to $4.3 billion by 2025.

This glossary is the first edition of legal and other terms that micro, small and medium enterprises (MSMEs) will encounter while trading under the African Continental Free Trade Area (AfCFTA). The aim of the glossary is to help users understand legal, commercial and customs terms found in the AfCFTA Agreement as it has been crafted with inputs and guidance from the African private sector, including MSMEs, women and youth entrepreneurs, and business support institutions striving to improve the African business environment.

This booklet contains the first draft of the envisaged African Principles on the Law Applicable to International Commercial Contracts. The proposal could be used by national legislators on the continent and African economic integration organisations, particularly the African Union, in, respectively, domestic legislation and regional or supranational laws of a soft or binding nature. The existence of a reliable transnational legal infrastructure in respect of international commercial law, including commercial private international law, is a prerequisite for investor confidence, inclusive economic growth, sustainable development, and the ultimate alleviation of poverty on the African continent. The instrument may contribute to sustainable growth on a long-term basis. The regulation of private international law of contract is essential to the further development of the African Continental Free Trade Area. Jan L Neels is professor of private international law and director of the Research Centre for Private International Law in Emerging Countries at the University of Johannesburg.

Examining the legal effects of EU concluded treaties, this book provides an analysis of this increasingly important and rapidly growing area of EU law. The EU has concluded more than 1,000 treaties including recently its first human rights treaty (the UN Rights of Persons with Disability Convention). These agreements are regularly invoked in litigation in the Courts of the member states and before the EU courts in Luxembourg but their ramifications for the EU legal order and that of the member states remains underexplored. Through analysis of over 300 cases, the book finds evidence of a twin-track approach whereby the Court of Justice of the European Union (CJEU) adopts a maximalist approach to Treaty enforcement, where EU agreements are invoked in challenges to member state level action whilst largely insulating EU action from meaningful review vis-à-vis agreements. The book also reveals novel findings regarding the use of EU agreements in EU level litigation including: the types and which specific EU agreements (including the types of provisions) have arisen in litigation; the nature of the proceedings (preliminary rulings or direct actions) and the number of occasions in which they have been addressed in challenges to member state or EU action and the outcomes; who has been litigating (individuals, institutions, or member states) and which domestic courts have been referring questions to the CJEU. The significance of the judicial developments in this area are situated within the context of the domestic constitutional ramifications for member state legal orders thus revealing a neglected dimension in the constitutionalization debates, which traditionally emphasized the ramifications of internal EU law for the domestic constitutional order without expressly accommodating the constitutional significance of this external category of EU law nor the different challenges that this poses domestically.

Archive institutionnelle de l'Université de Genève - Institutional Repository of the University of Geneva